COMMISSION AGENDA 6-11-2014MIAMIBEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
June 11,2014
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 Raul Aguila
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 vll, Division 3 of the city code of Miami Beach, entifled "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 Glerk's office. Questions regarding the provisions of the Ordinance
should be directed to the Office of the City Attorney.
Special note: ln order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to lhe alternate meeting date, which will only be hetd if needed.
ln addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting
without reaching all agenda items.
Call to Order - 8:30 a.m.
lnspirational 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 Reqular AqendaPA Presentations and Awards R2 Competitive Bid ReportsR5 Ordinances
Consent Aoenda R7 Resolutionsc2 competitive Bid Reports Rg New Business & commission RequestsC4 Commission Committee Assignments R10 City Attorney ReportsC6 Commission Committee ReportsC7 Resolutions Reports and lnformational ltems
We are committed to providing excellenl public seNice and safety to all who tive, work, and play in our vibrant, tropicat, historic community.
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Commission Agenda, June 11,2014
Presentations and Awards
The next Presentations and Awards Meeting will take place on July 30, 2014.
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Gompetitive Bid Reports
C2A Request Approval To Reject All Bids Received Pursuant To lnvitation To Bid (lTB) No. 2014-014-
LR For Pharmaceuticals And Medical Supplies.
(Fire/Procurement)
C2B Request For Approval To lssue A Request For Proposals (RFP) For DesigniBuild Services For
The Construction Of A 54" Redundant Sanitary Sewer Force Main From Pump Station #1 To
Commerce Street.
(Public Works/Procurement)
C2C Request For Approval To lssue An lnvitation To Negotiate (lTN) No. 2Q14-252-YG For
Concession Agreement(s) For Use Of City Of Miami Beach Rights-Of-Way For Loading And
Unloading Of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers.
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking : Transportation/Procurement)
G4 - Commission Gommittee Assiqnments
C4A Referral To The Neighborhood/Community Affairs Committee To Discuss The Altos Del Mar
Master Plan.
(Parks & Recreation)
C4B Referral To The Neighborhood/Community Affairs Committee To Discuss A Commercial Use
Permit Fee For City-Owned Property And City Parks Facilities.
(Parks & Recreation)
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Commission Agenda, June 1 1, 2014
C4 - Commission Committee Assiqnments (Continued)
C4C Referral To The Finance And Citywide Projects Committee - Discussion Regarding Whether Or
Not To Reconstitute The Nightlife Industry Taskforce, Which Was Originally Created ln 2001 And
Was To Sunset After Six (6) Months Unless Otherwise Extended.
(Tourism, Culture & Economic Development)
C4D Referral To The Finance And Citywide Projects Commission Committee - Discussion Regarding
The Use Of The Byron Carlyle Theater.
(Tourism, Culture & Economic Development)
C4E Referral To The Land Use And Development Committee - Discussion: Sea Level Rise ln Relation
To FAR And Building Heights.
(Planning)
C4F Referral To The Finance And Citynrvide Projects Committee To Discuss The Schedule Of User
Fees For Various Parks And Recreation Programs And Services, Facility Admissions And
Rentals.
(Parks & Recreation)
C4G Referral To The Land Use And Development Committee - Discussion And Referral To The
Planning Board Regarding Creation Of The Faena Overlay District.
(Requested by Commissioner Joy Malakoff)
C4H Referral To The Neighborhood/Community Affairs Committee To Discuss The Current Flamingo
Park Master Plan.
(Parks & Recreation)
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Commisslon Agenda, June 11, 2014
C6 - Commission Committee Reports
COA Report Of The Special Finance And Citywide Projects Committee Meeting On May 20, 2014: 1l
Discussion Of Miami Beach Convention Center Construction And Booking Schedule. 2)
Discussion Regarding South Shore Community Center. 3) Discussion Regarding Financial lmpact
Of The Proposed Roadway Closure Applications For 87 Street And 87 Terrace Filed By 8701
Collins Development. 4) Discussion Regarding Adoption Of An Updated Strategic Plan For The
Cultural Affairs Program, To lnclude Utilization Of Fillmore Community Benefit Fund, Cultural Arts
Council Endowment, And Cultural Affairs Program Fund Balance Funds For Greater Cultural
Benefits For Residents And Visitors. 5) Discussion Regarding Whether Or Not To Renew The
Lease Agreement ("Lease") Between The City Of Miami Beach, Florida ("City") And Mystery Park
Arts Company, lnc. ("SOBE Arts"), Having An lnitial Term Of Five (5) Years, Commencing On
January 13,2010 And Ending On January 12,2015, With An Option To Renew, At The City's
Sole And Absolute Discretion, For Two (2) Additional Two (2) Year Periods, ln Connection With
Property Located At 2100 Washington Avenue, Miami Beach, Florida ("Demised Premises"). 6)
Discussion Regarding Police And Parking Department Towing Permit Requirements. 7) Update -
Discussion Regarding Stormwater Future Bonds And Proposed Rates. Joint ltem: 8) Discussion
Regarding The Funding Of The Expansion (Approximately Double The Size) Of The Emergency
Department At Mt. Sinai, And The Creation Of An Emergency Management Office For The City
Of Miami Beach.
COB Report From The May 14,2014 Flooding Mitigation Committee Meeting.
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant
Applications To: 1) US Department Of Homeland Security, Federal Emergency Management
Agency (FEMA), Flood Mitigation Assistance Grant Program For Funding, ln The Approximate
Amount Of $1 Million, For City Drainage Projects; 2) Florida Department Of Economic
Opportunity For Funding From The Community Planning Technical Assistance Grant Program ln
The Approximate Amount Of $25,000 To Create A RevitalizationiEconomic Development Plan
For Washington Avenue; 3) Florida Department Of Economic Opportunity, Community Planning
Technical Assistance Grant Program ln The Approximale Amount Of $25,000 To Create Design
Criteria For Ocean Drive Between 5th To 15th Streets; Appropriating The Above Grants,
Matching Funds, And City Expenses, lf Approved And Accepted By The City And Authorizing The
Execution Of All Necessary Documents Related To The Aforestated Applications, lncluding,
Without Limitation, Audits, And Authorizing The City Manager Or His Designee To Take All
Necessary Actions Related To These Grants.
(Budget & Performance lmprovement)
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Commission Agenda, June 11,2014
G7 - Resolutions (Continued)
C7B A Resolution Approving The lncrease ln Scope To The Scott Rakow Youth Center lce Rink
Associated With Renovation Of Existing Areas To lnclude New Showers, Lockers, Multi-Purpose
Room And Skate Rental Area And Authorizing The City Manager To Proceed With Design
Services; Negotiate And Execute, ln A Not To Exceed Amount Of $265,000, A Guaranteed
Maximum Price (GMP) Amendment No. 2 To The Pre-Construction Services Agreement With
Thornton Construction Company, lnc., Dated September 16,2013, For Construction
Management At Risk Services At The Scott Rakow Youth Center lce Rink; Funding ln The
Amount Of $265,000 ls Subject To A Capital Budget Amendment To The FY 13114 Capital
Budget To Be Presented At The June 1 1 , 2014 Commission Meeting.
(Capital lmprovement Projects)
C7C A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 4 To The
Professional Architectural And Engineering (A/E) Services Agreement With The Joint Venture Of
Zaha Hadid Limited TlAZaha Hadid Architects And Berenblum Busch Architecture, lnc. Dated
May 3, 2012, For The Additional Design Services Related To Raising The Proposed Ground
Floor Elevation To Base Flood Elevation Plus A Freeboard Of Three (3) Feet, For The Design,
Permitting And Construction Administration Services Of Certain Right-Of-Way lmprovements
Required By Miami-Dade County Public Works Traffic Division, And For The Replacement Of A
Sanitary Sewer Line Along Liberty Avenue; ln The Negotiated Not-To-Exceed Amount Of
$249,448 With Previously Appropriated Fund i n g.
(Capital lmprovement Projects)
C7D A Resolution Electing Commissioner Michael Grieco, Group ll, As Vice-Mayor, For A Term
Commencing On July 1,2014 And Terminating On October 31 , 2014, Or On Such Date When A
New Vice-Mayor ls Thereafter Elected.
(City Clerk's Office)
CIE A Resolution Approving And Authorizing The City Manager To Negotiate And Execute, On Behalf
Of The City, Purchase And Sale Agreements And Other Closing Documents, ln Connection With
The Purchase Of Foreclosed And/Or Distressed Properties, ln Accordance With Rules As
Promulgated By The City's Neighborhood Stabilization Program 1 (NSP1) Grant Agreement
(NSP1 Funds) With The State Of Florida Department Of Economic Opportunity (DEO Agreement)
And The U.S. Department Of Housing And Urban Development (HUD) (Collectively NSPI
Guidelines); By Utilizing The Remaining NSPl Administrative Funds, ln The Amount Of
$201,801.66; Authorizing The City Manager To Execute Any Other Agreements For
Rehabilitation Services ln Accordance With NSPI Guidelines; And Further Authorizing The City
Manager To Extend The DEO Agreement (As Defined Herein) Should The City Not Have
Expended The NSPl Administrative Funds By August 15,2014.
(Housing & Community Services)
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Commission Agenda, June 11 ,2014
C7 - Resolutions (Continued)
C7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.
2, To The Professional Services Agreement With Walker Parking Consultants, lnc., To Perform A
Parking Demand Analysis For All Remaining Areas Of North Beach (Phase Six-Extended), ln An
Amount Not To Exceed $28,000.
(Parking)
C7G A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At The February 28, 2014 Meeting To Reject All Proposals Received, Pursuant To
lnvitation To Bid (lTB) 2014-171-TC For A Playground Fence At South Pointe Park; And Further
Authorizing That The Funding Be Reallocated ln The Fiscal Year 2014115 Budget Development
Process For The Purpose Of Providing Alternative Enhancements For South Pointe Park.
( Parks & Recreation/Procurement)
C7H A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts May 30, 2014 Meeting To Develop Event Programming Guidelines For The
North Beach Bandshell That Are Focused On Cultural Events That Emphasize Community
Benefit And Economic Development And Further Authorizing The City Administration To Prepare
A Request For Proposals (RFP) For A Distributed Sound System For The North Beach Bandshell
That Concentrates The Sound Within The Parameters Of The Facility.
(Parks & Recreation)
A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts May 30,2014 Meeting To Rename The Scott Rakow Youth Center lce Skating
Rink ln Memory Of Barbara Medina And, Pursuant To Section 82-503 Of The City Code, Setting
A Public Hearing For July 23, 2014 And Directing The City Clerk To Publish The Appropriate
Public Notice.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Parks & Recreation)
C7J A Resolution Approving The Vacation Of An Existing 10 Foot Utility EasementAnd Accepting A10 Foot Utility Easement From Comras Company For The Construction, lnstallation,
Maintenance, Repair, And Replacement Of A City Drainage Outfall Pipe, Located At 1261 20th
Street, Miami Beach, Florida, Or ln Such Configuration As ls Determined Acceptable By The
City's Public Works Director And City Engineer, With The Vacation Of The Existing Easement
Only After The Completion Of The Proposed Stormwater Pump Outfall And Final Acceptance By
Comras Company, And Authorizing The Mayor And City Clerk To Execute The Appropriate
Documents, Subject To The Documents' Approval By The Public Works Director And City
Attorney.
(Public Works)
c7t
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Commission Agenda, June 11, 2014
G7 - Resolutions (Continued)
CIK A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee To Remove The Cycle Track, Keep The Current Bicycle Lane, Mitigate As Many
Obstructions As Possible From The Pedestrian Area And Ensure That The Bicycle Lane ls
Continuous And Navigable On 16th Street.
(Public Works)
End of Consent Aqenda
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Commission Agenda, June 1 1, 2014
REGULAR AGENDA
R2 - Gompetitive Bid Reports
R2A Request For Approval To lssue A Request For Qualifications (RFQ) No. 2014-223-AD For
Comprehensive Program Review Of Nautilus Middle School. 9:00 a.m. Public Hearinq
(Organization Development Performance lnitiativesiProcurement)
(Deferred from May 21,2014)
R2B Request ForApproval To Award Contracts Pursuant To (RFQ) No.2013-178-SR For Franchise
Waste Contractors To Provide Residential And Commercial Waste Collections And Disposal
Service.
(Public Works/Procurement)
(Memorandum to be Submitted in Supplemental)
R5 - Ordinances
RsA Alcoholic Beverages - Correct Section 6-3 Hours of Sale
An Ordinance Amending Chapter 6, "Alcoholic Beverages," Of The Code Of The City Of Miami
Beach, Florida, By Amending Section 6-3, "Hours Of Sale," To Correct Scrivener's Errors
Concerning On-Premises And Off-Premises Regulations, To Reflect The Action Of The City
Commission ln Previous Amendments To Such Chapter, Restoring To The Code The On-
Premises Consumption Regulation Between 8:00 a.m. And 5:00 a.m., And Restoring To The
Code The Off-Premises Consumption Regulation Allowing The Sale Of Alcoholic Beverages Until
Midnight; Providing For Codification; Repealer; Severability; And An Effective Date. 10:05 a.m.
Second Readino Public Hearinq
(Sponsored by Land Use & Development Committee)
(Legislative Tracking: City Attorney's Office)
(First Reading on May 21, 2014 - RsV)
RSB An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entitled "Public Property,"
By Amending Article Vl, Entitled "Naming Of Public Facilities And Establishment Of Monuments
And Memorials," By Amending The Definitions ln Section 82-502; Amending The Criteria For The
Naming Of Public Facilities And The Co-Naming Of Streets ln Section 82-503; Deleting The
Provisions ln Section 82-505 Regarding The Acceptance Of Monetary Donations ln
Consideration For The Naming Or Renaming Of Public Facilities; And Amending Section 82-501
To Cross Reference Amended Subsection 82-503(c); Providing For Codification, Repealer,
Severability, And An Effective Date. 10:10 a.m. Second Readinq Public Hearins
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: City Attorney's Office)
(First Reading on May 21,2014 - RsR)
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Commission Agenda, June 11, 2014
R5 - Ordinances (Continued)
RsC Below Grade Floor Area
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
'1 14, "General Provisions," By Amending The Definition Of Floor Area; Providing For Repealer,
Severability, Codification And An Effective Date. 10:15 a.m. Second Readinq Public Hearinq
(Sponsored by the Planning Board)
(Legislative Tracking: Planning)
(First Reading on May 21, 2014 - RsS)
R5D Bed And Breakfast lnns
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 V "Specialized Use
Regulations," Division 7 "Bed And Breakfast lnns," Section 142-1401, "Conditions For Bed And
Breakfast lnns," To Address And Clarify The Eligibility For Contributing Buildings ln Historic
Districts To Be Converted To Bed & Breakfast lnns Within The City Of Miami Beach; Providing
For Repealer; Severability; Codification; And An Effective Date. 10:20 a.m. Second Readinq
Public Hearinq
(Sponsored by the Land Use and Development Committee)
(Legislative Tracking: Planning)
(First Reading on May 21,2014 - R5T)
RsE North Beach National Register District Parking Ordinance
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
130, "Off-Street Parking," Article ll, "Districts; Requirements," Section 130-32, "Off-Street Parking
Requirements For Parking District No. 1," By Adding New Parking Regulations For Apartment
And Apartment-Hotel Buildings ln Parking District No. 1, lncluding A Reduction ln Off-Street
Parking Requirements For Contributing Buildings ln National Register Historic Districts; By
Amending Section 130-33, "Off-Street Parking Requirements For Parking Districts No. 2, 3, 4 And
5" By Adding New Parking Regulations For Apartment And ApartmenlHotel Buildings ln Parking
District No. 4, lncluding A Reduction ln Off-Street Parking Requirements For Contributing
Buildings ln National Register Historic Districts; By Amending Chapter 130, "Off-Street Parking,"
Article V, "Fee ln Lieu Of Parking Program", Section 130-1 31 "Generally", By Creating A New
Parking lmpact Fee Category For Additions To Contributing Buildings ln National Register
Historic Districts; Providing For Codification; Repealer; Severability; And An Effective Date.
10:25 a.m. Second Reading Public Hearinq
(Sponsored by the Land Use and Development Committee)
(Legislative Tracking: Planning)
(First Reading on May 21,2014 - RsU)
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Commission Agenda, June 11, 2014
R5 - Ordinances (Continued)
R5F Rooftop Additions ln Morris Lapidus / Mid-20rh Century Historic District
An Ordinance Amending Chapter 142, "Zoning Districts And Regulations," By Amending Article
lV, "Supplementary District Regulations," Division 5 "Height Regulations," By Amending Section
142-1161, "Height Regulations Exceptions", By Modifying The Prohibition Of Rooftop Additions Of
More Than One Story ln The Morris Lapidus/Mid-2Oth Century Historic District To AIIow
Additional Stories; By Amending Chapter 142, "Zoning Districts And Regulations," By Amending
Article ll, "District Regulations," Division 3 "Residential Multifamily Districts," Subdivision V "RM-3
Residential Multifamily, High lntensity," By Amending Section 142-247, "Setback Requirements",
By Modifying The Setback Requirements For Rooftop Additions ln The Morris Lapidus/Mid-2Oth
Century Historic District; Providing For Codification; Repealer; Severability; And An Effective
Date. 10:30 a.m. Second Readinq Public Hearinq
(Sponsored By Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(First Reading on May 21,2014 - RsZ)
RsG Accessory Structures, FPL Transformers, ADA Walkways and Height Encroachments
An Ordinance Amending Chapter 142, "Zoning Distrlcts And Regulations," By Amending Article
lV, "Supplementary District Regulations," Division 4 "Supplementary Yard Regulations," By
Amending Section 142-1132, "Allowable Encroachments Within Required Yards", To Modify
Setback Requirements And Development Regulations For Accessory Buildings And FPL
Transformers ln Single Family Districts, And Americans With Disabilities Act (ADA) Walkways; By
Amending Chapter 142, "Zoning Districts And Regulations," By Amending Article lV,
"Supplementary District Regulations," Division 5 "Height Regulations," By Amending Section 142-
1161, "Height Regulations Exceptions", To Modify Height Exceptions To Add Bathrooms On Roof
Decks Required Under The Building Code; Providing For Codification; Repealer; Severability;
And An Effective Date. 10:35 a.m. Second Reading Public Hearinq
(
(Legislative Tracking: Planning)
(First Reading on May 21, 2014 - RsY)
RsH An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled
"Miscellaneous Offenses," By Amending Article ll Entitled "Public Places," By Amending Division
2, Entitled "Bicycling, Skateboarding, Roller Skating, ln-Line Skating, And Motorized Means Of
Transportation," By Amending The Definition Provisions ln Section 70-66; By Amending Section
70-67, Entitled "Prohibited Activities," By Prohibiting Bicycling On Lincoln Road Mall Between
9:00 A.M. And 2:00 A.M.; By Amending Section 70-68, Entitled "Exemptions," By Amending And
Clarifying The Exemptions ln Division 2 And Correcting A Scrivener's Error Therein; By Amending
Section 70-71, Entitled "Penalties," By Clarifying The Penalties For Violations Of Sections 70-67
And 70-69(A)-(C); ByAmending Chapter 106 Of The Code Of The City Of Miami Beach, Entitled
"TrafficAnd Vehicles," ByAmending Article l, Entitled "ln General," ByAmending Section'106-3,
Entitled "Vehicles And Non-Motorized Vehicles Prohibited On Portion Of Lincoln Road And
Exemptions; Non-Motorized Vehicles For Hire Prohibited On Ocean Drive" To lnclude Bicycle
Restrictions On Lincoln Road Mall And To lncorporate Applicable Definitions, Exemptions, And
Penalties; Providing For Repealer, Severability, Codification, And An Effective Date. 10:40 a.m.
Second Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking : Transportation)
(First Reading on May 21,2014 - RsW)
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R5t
Commission Agenda, June 11,2014
R5 - Ordinances (Continued)
An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
"Administration," By Amending Article l, Entitled "ln General," By Creating Section 2-i,To Be
Entitled "Reasonable Opportunity To Be Heard," To Provide Rules Regarding Public Participation
ln City Meetings; Providing For Repealer, Severability; Codification; And An Effective Date.
1 1 : 10 a.m. Second Readinq Public Hearinq
(Sponsored by Neighborhood/Community Affairs Committee)
( Leg islative Tracki ng : City Attorney's Office)
(Continued from May 21,2014)
Concurrency Exem ptions
An Ordinance Amending The City Code, By Amending Chapter 122, "Concurrency Management,"
By Amending Section 122-5, "Exemptions From Concurrency," To Add Temporary Uses ln The
Public Rights Of Way As An Additional Exemption From Concurrency Requirements, Providing A
Procedure To Determine Eligibility For Such Exemption; Providing For Repealer; Codification;
Severability And An Effective Date. First Readinq
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning)
R5K Board Member Removal Criteria
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter llS, "Administrative And Review Procedures," Article ll, "Boards," Division 2, "Planning
Board," Section 118-52, "Meetings And Procedures;" Division 3, "Design Review Board," section
118-74, "Removal;" Division 4, "Historic Preservation Board," section 105, "Removal;" Division 5,
"Board Of Adjustment," Section 118-1 33, "Removal," By Modifying And Expanding The Removal
Criteria Of The Planning Board, Design Review Board, Historic Preservation Board, And Board Of
Adjustment, Providing For Repealer; Codification; Severability And An Effective Date. First
Readins
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
RsL Time Frame Limitations For Deferrals, Continuances, And Withdrawals
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, "Administrative And Review Procedures," Article Vlll, "Procedure For Variances And
Administrative Appeals," Section 118-352, "Procedure;" Article lV, "Conditional Use Procedure,"
Section 118-193, "Applications For Conditional Uses;" Amending The Procedures For The Board
Of Adjustment And For The Planning Board By Placing Timeframe Limitations On Applications
For Purposes Of Deferals, Continuances, Withdrawals And Submittal Of Applications And
Exhibits; Providing For Repealer; Codification, Severability And An Effective Date. First Readins
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
R5J
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Commission Agenda, June 11, 2014
R5 - Ordinances (Continued)
RsM Transfer Of Variance And Flood Plain Waiver Authority To The Design Review Board And
Historic Preservation Board
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, "Administrative And Review Procedures," Article Vlll, "Procedure For Variances And
Administrative Appeals," Section 118-351, "Determination Of Jurisdiction," Section 118-352,
"Procedure;" Article ll, "Boards," Division 3, "Design Review Board," Section 118-l1, "Powers
And Duties;" Division 4, "Historic Preservation Board," Section 102, "Powers And Duties;"
Division 5, "Board Of Adjustment," Section 118-136, "Powers And Duties;" To Amend The
Jurisdiction Of The Boards Of Adjustment, Design Review, And Historic Preservation By
Authorizing The Design Review And Historic Preservation Boards To Grant Variances Presented
ln Applications Within Their Respective Jurisdictions, Amending The Authority Of The Board Of
Adjustment To Rellect That Changed Authorization, And To Transfer The Authority Of The Board
Of Adjustment Acting As The Flood Plain Management Board To The Design Review And
Historic Preservation Boards, To Authorize Such Boards To Grant Variances From The Flood
Plain Ordinance For Applications Within Their Respective Jurisdictions; Providing For Repealer;
Codification; Severability And An Effective Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
R5N An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled
"Miscellaneous Offenses," By Amending Article ll, Entitled "Public Places," By Amending Division
2, Entitled "Bicycling, Skateboarding, Roller Skating, ln-Line Skating, And Motorized Means Of
Transpo(ation," By Amending Section 70-69, Entitled "Responsibilities Of Bicyclists, Skaters, And
Persons Operating Electric Personal Assistive Mobility Devices," By Amending The
Responsibilities Set Forth Therein; By Amending Section 70-70, Entitled "Responsibilities Of
Persons And Business Entities Providing Rentals, Leases And/Or Tours Of Electric Personal
Assistive Mobility Devices," By Amending The Responsibilities Set Fo(h Therein; By Amending
Section 70-71, Entitled "Enforcement; Penalties," To Amend And Provide Additional Penalties For
Violations Of Sections 70-69(d)-(e) And 70-70, And Amending The Time To Appeal Violations;
Providing For Repealer, Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney's Office/Transportation)
RsO Tree Preservation And Protection Ordinance
An Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled "Environment," By
Amending Article ll, "Care And Maintenance Of Trees And Plants," By Amending Division 2,
"Trees"; To Amend The Definitions, Purpose And lntent; Scope, Applicability And Exemptions;
Permitting Application Requirements, Notice And Procedures For Obtaining Permits; lmposing
Criteria And Conditions For Tree Removal And Relocation; Tree Replacement; Tree Preservation
And Protection Requirements; Defining And Protecting Heritage And Specimen Trees;
Establishing A Miami Beach Tree Preservation Trust Fund; Regulating Tree Services And
Arborists; Defining Trees Constituting A Public Nuisance; Providing For Appeals; Enforcement
And Civil Remedies; Prohibited Species; Duties And Authority Of The Urban Forester; And
Providing For Repealer; Codification; Severability; And An Effective Date. First Readinq
(Sponsored by the Neighborhood/Community Affairs Committee)
(Legislative Tracking: Public Works)
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Commission Agenda, June 11, 20'14
R5 - Ordinances (Continued)
R5P An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By
Amending Article V, Entitled "Cityruvide Recycling Program For Multifamily Residences And
Commercial Establishments," By Amending Section 90-340, Entitled "Recycling Program And
Separation Of Recyclable Materials From Solid Waste Stream Required For Multifamlly
Residences Of Nine (9) Dwelling Units Or More; Owner/Association Liability; Recycling
Contractors' Assistance," To Apply Recycling Requirements To Multifamily Residences Of Two
(2) To Eight (8) Dwelling Units; Providing For Repealer Severability, Codification, And An
Effectiye Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking : Environmental)
RsQ An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Entitled
"Environment," By Amending Article lll, Entitled "Litter," By Amending Division'1 , Entitled
"Generally," By Amending Section 46-92 Thereof, Entitled "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" To Prohibit Any Person From Carrying Any Expanded Polystyrene Food Service
Article lnto Any Park; Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled
"Public Property," By Amending Article l, Entitled "ln General," By Creating Section 82-7 Thereof,
Entitled "Prohibitions Regarding Sale Or Use Of Expanded Polystyrene Food Service Articles By
City Contractors And Special Event Permittees," To Prohibit The Sale, Use, And Offering Of
Expanded Polystyrene Food Service A(icles By City Contractors And Special Event Permittees;
Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled "Public Property," By
Amending Article lV, Entitled "Uses ln Public Rights-Of-Way," By Amending Division 5, Entitled
"Sidewalk Cafes," By Amending Subdivision ll, Entitled "Permit," By Amending Section 82-385
Thereof, Entitled "Minimum Standards, Criteria, And Conditions For Operation Of Sidewalk
Cafes," To Provide Prohibitions Regarding Expanded Polystyrene Food Service Articles On The
Right-OiWay; And Providing For Repealer, Severability, Codification, And An Effective Date..
First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: City Attorney's Office)
RsR An Ordinance Amending Chapter 82 Of The City Code, Entitled "Public Property," By Amending
Article l, Entitled "ln General," By Repealing Section 82-5, Entitled "City Signs To Be Obeyed";
Providing For Repealer, Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney's Office)
R7 - Resolutions
R7A A Resolution Adopting The Fifth Amendment To The Capital Budget For Fiscal Year (FY)
2013114.10:45 a.m. Public Hearinq
(Budget & Performance lmprovement)
13
13
Commission Agenda, June 11, 2014
R7 - Resolutions (Continued)
R7B A Resolution Adopting The Third Amendment To The General Fund, Enterprise Fund, lnternal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2013114. 10:50 a.m.
Public Hearinq
(Budget & Performance lmprovement)
R7C A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts March 29, 2014 Meeting, And Approving, Following A Duly Noticed Public
Hearing, The Placement Of A Commemorative Plaque Honoring Jerry Moss To Be lnstalled
lnside The Flamingo Park Tennis Center, Located At 1200 Meridian Avenue, Miami Beach,
Florida. 10:55 a.m. Public Hearinq
(Parks & Recreation)
R7D Euclid Right Of Way Project
A Resolution Approving, Following First Reading/Public Hearing, A Development Agreement
Between The City And Jameck Development, lnc. (Jameck Or Developer) For The Design,
Development, And Construction Of Certain Streetscape lmprovement ln The City's Right Of Way,
At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (Euclid Right Of
Way Project Or The Prolect) lncluding, Without Limitation, Removal Of The Disconnect Vault And
Landscape, lnstallation Of New Hardscape, Landscape, Street Lighting, And Closure Of A Por.tion
Of Euclid Avenue To Vehicular Traffic As Part Of An Extension Of The Lincoln Road Pedestrian
Mall; Said Project Having A Total Budgeted Cost To The City, ln The Total Sum Of $485,821,
With Any Additional Funds For The Prolect To Be Covered By The Developer; With Such City
Funds To Be Appropriated From Miami Beach Redevelopment Agency (Historic Convention
Village/City Center RDA) Funds; And Further Setting The Second And Final Reading Of The
Development Agreement For A Time Certain On July 23, 2014. 11:05 a.m. First Readinq Public
Hearinq
(Tourism, Culture & Economic Development)
R7E A Resolution Setting A Public Hearing To Adopt The Fourth Amendment To The General Fund,
Enterprise Fund, lnternal Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY)
2013114.
( Budget & Performance I mprovement)
R7F A Resolution Approving And Accepting The Recommendation Of The Flooding Mitigation
Committee To: 1) Raise The Proposed Ground Floor Elevation Of Collins Park Place Project To
Base Flood Plus Three Feet; 2) Accept The Concept Of Collins Park Place Presented By
Berenblum Busch Architecture lnc. To lncorporate The Raised Floor Of Base Flood Elevation
(BFE) Plus Three Feet, And; 3) Refer The Recommendation Of Establishing Base Flood
Elevation Plus Three Feet, As A Required Criteria For All New And Remodel Residential And
Commercial Buildings To The Land Use Committee For Further Consideration.
(Capital lmprovement Projects)
14
14
Commission Agenda, June 11, 2014
R7 - Resolutions (Continued)
R7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Settlement
Agreement And Mutual Release Between The City Of Miami Beach (City) And Horizon
Contractors, lnc., (Contractor) ln The Amount Of $490,000 To Settle All Outstanding Claims
Pertaining To The Neighborhood 12 - South Pointe Phase ll Project; Funding For The Final
Payment To The Contractor ls Subject To The 5th Amendment To The Capital Budget For Fiscal
Year 2013114 To Be Presented At The June 1 '1 , 201 4 Commission Meeting.
(Capital lmprovement Projects)
R7H A Resolution Recognizing And Approving Early Voting For The August 26,2014 City Of Miami
Beach Special Election.
(City Attorney's Office/City Clerk's Office)
R7t A Resolution Approving An Expenditure of Budgeted Funds Up To g'10,000 For The public
Purpose Of lnforming And Educating The Voters Of The City Of Miami Beach Regarding The
Ballot Questions On The City's August 26,2014 Special Election Ballots ln OrderTo Achieve A
More lnformed Electorate Vote.
(City Attorney's OfficeiCommunications)
R7J A Resolution Approving The lssuance And Sale Of Not To Exceed $200,000,000 Principal
Amount Of City Of Miami Beach Health Facilities Authority Hospital Revenue And Refunding
Bonds, Series 2014 (Mount Sinai Medical Center Of Florida), By The City Of Miami Beach Health
Facilities Authority, lncluding The Approval Required By Section 147(I) U The lnternal Revenue
Code Of 1986, As Amended; Providing That Said Bonds Shall Not Constitute A Debt, Liability Or
Obligation Of The City Or The State Of Florida Or Any Political Subdivision Thereof But Shall Be
Payable Solely From The Revenues Provided Therefor; And Providing An Effective Date.
(Finance)
R7K A Resolution Adopting The City's One-Year Action Plan For Federal Funds For Fiscal Year
201412015, Which lncludes The Budgets For The Community Development Block Grant (CDBG)
Program And The Home lnvestment Partnerships (HOME) Program; Authorizing The City
Manager To lssue A Notice Of A Thirty (30) Day Public Comment Period; Authorizing The City
Manager To Make Minor Non-Substantive Changes To The One-Year Action Plan Or Resulting
Agreements Before Execution (Which May Be ldentified During The Finalization And/Or Review
Process, And Which Do Not Affect The Purpose, Scope, Approved Budget And/Or lntent Of The
Plan); Authorizing The City Manager To Extend The Expiration Dates Of Said Agreements When
Necessary; Authorizing The City Manager To Execute All Applicable Documents And Submit The
One-Year Action Plan To The U.S. Department Of Housing And Urban Development (HUD);
Further Authorizing The Mayor And City Clerk To Execute Agreements For Sub-Recipients Of
CDBG And HOME; And Authorizing The Appropriation Of All Federal Funds When Received..
(Housing & Community Services)
tc
15
Commission Agenda, June 11,2014
R7 - Resolutions (Continued)
R7L A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 1 To Bergeron Land Development, lnc. Dated June 11,2014 (The Agreement); Said Change
Order, ln The Amount Of $1 ,000,000, Plus A Project Contingency ln The Amount Of $100,000,
For A Total Cost Of $1,100,000, For Taking Over Additional Services Related To A Prior
Contract With Ebsary Construction, Which Has Reached An lmpasse; The Work lncludes: A
Seawall Construction At 1Oth Street, Construction Of An FDOT Outfall Per The Current 1Oth
Street Joint Participation Agreement (JPA), Converting A Bay Road Pump Station To Direct
Discharge To The Bay At 14th Street, And lnstalling Additional Check Valves At Various
Locations Requiring Protection From Tidal Flooding.
(Public Works)
R7M A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 1 To Southern Underground lndustries, lnc., Dated June 1 1, 2014 (The Agreement); Said
Change Order To Be ln The Amount Of $661,980.50, Plus A Prolect Contingency ln The Amount
Of $88,019.50, For A Total Cost Of $750,000, For Additional Engineering Services, Temporary
Pump Station Drainage Structures, lnstallation Of Drainage Pipe, And Check Valves For Existing
Outfalls, For The Citywide High Tide Mitigation Project.
(Public Works)
R7N A Resolution Repealing City Of Miami Beach Resolution No. 93-20694, Which Established The
City's Complimentary Ticket Policy, And Substituting Therefor A Comprehensive Policy
Statement Of The City Of Miami Beach Regarding lts Use And Distribution Of City Tickets To
Events And Productions Occurring At City-Owned Venues And/Or City-Sponsored Events.
(Tourism, Culture & Economic Development)
R7O A Resolution Authorizing The City Manager To Enter lnto An Agreement With Seth H. Bramson
(Author) ln An Amount Not To Exceed Twenty-Five Thousand Dollars ($25,000) (Compensation),
From Which Compensation Author Will Donate The Total Sum Of Seven Thousand Dollars
($7,000) Back To The City (Donation), To Author A Book ln Honor Of The City's Centennial
Anniversary, Write A Monthly Centennial Monograph, And Assist ln The Creation Of Historical
Exhibitions; And Further Authorizing The City Manager To Designate Seth H. Bramson As The
City's Centennial Historian, At No Additional Cost To The City.
(Tourism, Culture & Economic Development)
R7P A Resolution Authorizing The City Manager To Enter lnto An Agreement With Florida
lnternational University ln An Amount Not To Exceed One Hundred Thirty-Five Thousand Dollars
($135,000) To Provide Archival Digitization And Cataloging Services Of Historical Documents
And Material For The City's Centennial Anniversary.
(Tourism, Culture & Economic Development)
R7Q A Resolution Adopting, ln Substantial Form, A Title Vl Program Plan For The Provision Of
Citywide Transportation Services, Authorizing The City Administration To Finalize The Program
Plan; Provided, However, That Should Any Material Provisions Change, Requiring That The
Program Plan Come Back To The City Commission.
(Transportation)
16
16
Commission Agenda, June 11, 2014
R7 - Resolutions (Continued)
R7R A Resolution Approving A Grant Agreement Between The City Of Miami Beach And Mount Sinai
Medical Center.
(City Attorney's Office/Finance)
(Memorandum & Resolution to be Submitted in Supplemental)
R7S A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Proposals (RFP) No. 2014-199-SR, For Flood Mitigation
Consultant.
( Public Works/Procurement)
(Memorandum & Resolution to be Submitted in Supplemental)
R7T A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The
Design/Build Services Agreement Between The City Of Miami Beach, Florida, And Central
Florida Equipment Rental, lnc., For The Design/Build Services For Right-Of-Way lnfrastructure
lmprovement Program No. 88 - Lower North Bay Road; The Amendment lncludes: 1) Additional
Design And Permitting Services To lncorporate The New Stormwater Criteria And The Resulting
Construction Modifications To The Stormwater Drainage System lncluding Miscellaneous Credits,
2) Addition Of 45-Calendar Days To The Pro.lect Duration ln The Amount Of $1,089,868; Funding
For This Amendment ls Subject To The 5th Amendment To The Capital Budget For Fiscal Year
201312014 Being Presented At The June 1'1 , 2014 Commission Meeting.
(Capital lmprovement Projects)
(Memorandum & Resolution to be Submitted in Supplemental)
R9 - New Business and Commission Requests
RgA Board And Committee Appointments.
(City Clerk's Office)
RgAl Board And Committee Appointments - City Commission Appointments.
(City Clerk's Office)
RgBl Dr. Stanley Sutnick Citizen's Forum. (B:30 a.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
RgC Update On The Miami Beach Convention Center Project - Presentation For Hotel Site Options.
(City Manager's Office)
R9D State Representative David Richardson (District 113) Will Give A Post-Session Update And A
Preview Of The 2015 Session.
(City Manager's Office)
17
17
Commission Agenda, June 1 '1 , 2014
R9 - New Business and Commission Requests (Continued)
RgE State Lobbyists' Report On 2014 Legislative Session.
(City Manager's Office)
RgF Discussion Regarding Committee For Quality Education Motions Made February And March 2014
Regarding Extended Foreign Language (EFL) Program ln Miami-Dade Public Schools.
(Requested by Commissioner Edward L. Tobin)
(Continued from May 21 ,2014)
RgG Discussion Related To Towing And The lmmobilization Of Vehicles.
(Requested by Mayor Philip Levine)
(Deferred from May 21,2014)
RgH Proposal For The Paffal Traffic Closure And Master Planning Of Ocean Drive.
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: City Manager's Office)
Rgl Proclamation Presented To Rabbi Gayle Pomerantz, Celebrating Her 25th Anniversary As A
Rabbi And Her Service To The Miami Beach Community.
(Requested by Commissioner Joy Malakoff)
RgJ Discussion Regarding lncluding Transgender Health Care lnsurance Coverage As A Benefit Of
Employment ln Fiscal Year (FY) 2014115.
(Human Resources)
RgK Discussion Regarding The Use Of lnterim Vehicles For The North Beach Circulator Service.
(Transportation)
RgL A Presentation On A North Beach Branding Theme.
(Tourism, Culture & Economic Development)
RgM Discussion Regarding CIBO Restaurant.
(Requested by Mayor Philip Levine)
RgN Discussion Regarding Proposed Ballot Question "City Property Valuation - Fair Market Value."
(Requested by Commissioner Edward L. Tobin)
R9O Discussion Regarding The City's Efforts To Optimize The Timing Of Traffic Signals ln Miami
Beach To Minimize Traffic Congestion.
(Requested by Vice-Mayor Micky Steinberg)
18
18
Commission Agenda, June 11, 2014
R9 - New Business and Gommission Requests (Continued)
RgP Discussion Regarding A Resolution Calling For An November 4,2014 Special Election, For The
Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking
Whether City Charter Section 2.07 Which Establishes Procedures For The Filling Of Vacancies ln
The City Commission Should Be Amended To Establish Specific Procedures For The Filling Of
Vacancy Caused By Resignation, And To Provide That ln The Event The City Commission
Chooses Not To Fill A Vacancy By Appointment Then Provisions Related To A Special Election
To Fill Said Vacancy Shall Be Established ln The City Resolution Calling Said Special Election.
(City Attorney's Office)
(Deferred from May 28,2014)
RgQ Discussion Regarding Alternative Uses For The Surface Parking Lot lmmediately North Of The
Eden Roc Hotel.
(Requested by Mayor Philip Levine)
R10 - Citv Attorney Reports
R10A City Attorney's Status Report.
(City Attorney Office)
Reports and lnformational ltems
1. Reports and Informational ltems (see LTC 189-2014)
2. List Of Projects Covered By The Cone Of Silence Ordinance - LTC.
(Procurement)
3. Report From Commission Committees Of Withdrawn ltems Not Heard Within (6) Six Months
From Their Referral Date.
(City Clerk's Office)
End of Reqular Aqenda
19
19
1.
MIAMIBEACH
City of Miomi Beoch, 1700 Conyention Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
HOW A PERSON MAY APPEAR BEFORE THE CITY GOMMISSION 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 lN 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.
DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum
is split into two (2) sessions, 8:30 a.m. and 1:00 p.m., or as soon as possible thereafter, provided that the Commission
Meeting has not already adjourned prior to the time set for either session of the Forum. ln 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.
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.qov the Thursday prior to a regularly scheduled City Commission Meeting.
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 331 39, briefly outlining the subject matter of the proposed presentation. ln order to determine whether or not
the request can be handled adm inistratively, an appointment maybe scheduled to discuss the matterwith 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 Mondav of the week prior to the scheduled Commission
@!.i!Il to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time,
within lhe discretion of the Mayor, to make their presentations and will be limited to those subjects included in their
written requests.
Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s) listed on the Agenda,
other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of
the City Clerk, 1700 Convention Center Drive, telephone 305-673-7411, before 5:00 p.m., no later than the day prior to
the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item
number.
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, lT lS NOT necessary to
register at the City Clerk's Office in advance of the meeting. All persons wishing to speak at a public hearinq may do so
and will be allowed sufficient time, within the discretion of the Mayor, to present their views.
lf 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 tlre rnatter 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 speakerwill be limited to three minutes, orfor a longer or shorter period, at
the discretion of the Mayor.
2.
3.
4.
5.
r}-
FICLER\$ALL\LlLIA\AGENDA\sutnick v22.doc
20
MIAMIBEACH
2014 Schedule of City of Miami Beach
City Commission/Redevelopment Agency (RDA) Meetings
and the Presentations & Awards Meetings
The City Commission/RDA meetings will begin at 8:30 a.m., and the Presentation & Awards meetings
will begin at 5:00 p.m. AII meetings will be held in the City Commission Chambers, Third Floor, City
Hall, 1700 Convention Center Drive, Miami Beach, Florida.
Commission/RDA Meetinqs Presentations & Awards Meetinqs
January 15 (Wednesday) January 22 (Wednesday)
February 12 (Wednesday) February 26 (Wednesday)
March 5 (Wednesday) March 12 (Wednesday)
April 23 (Wednesday) April 30 (Wednesday)
May 21 (Wednesday) May 28 (Wednesday)
June 11 (Wednesday) No Meetings
July 23 (Wednesday) July 30 (Wednesday)
August - City Commission/RDA in recess
September 10 (Wednesday) September 17 (Wednesday)
October 22 (Wednesday) October 29 (Wednesday)
November 19 (Wednesday) November 20 (Thursday)
December 17 (Wednesday) December 18 (Thursday)
FICLE R\$ALL\a City Commission\2014 Schedule of City ol Miami Beach.docx
21
MIAMIBEACH
CITY CLERK'S OFFICE LOBBYIST LIST
JUNE 11,2014 Commission Meeting
Lobbyist's Name Retained by Principal Date Registered Amount Disclosed
Award Contracts/RFQ 2013-178-SR Franchise Waste Contractors/Residential & Commercial Waste Collections .
Alfredo Lazaro Gonzalez Alex Gonzalez/Jason Neal 05t28t2014 N/A
Clifford Schulman Waste Services, lnc.07t1212011 $500 per hour
David R. Custin Southern Waste Systems, LLC 01131t2014 $2,500 per month
Grant Smith Progressive Waste Solutions of Florida 10t16t2013 $1,000 per month
Guy M. Thompson Waste Management lnc., of Florida 05t29t2014 Salaried
Jason Neal Waste Management lnc., of Florida 07t12t2011 Salaried
John Casagrande Southern Waste Systems, LLC 05t30t2014 No additional
compensation
Matthew Peters Rudy Bustamante 05t30t2014 $4,650 flat rate
Mitchell Bierman Waste Services, lnc.08t20t2008 $500 per hour
Adopt ritle vl Program Plan for the Provision of citywide Transportation services.
Alexander Heckler Ray Gonzalez/Transportation America 01t't5t2014 $450 per hour
Mitchell Bierman Mr. Shu Onodera/Sojitz Corp. of America 03t1212013 $2,000 per month
I;rif]:1,,.,i.lri T.i.'; iL. 5.d;.,:: ri. ;
Approving Grant Agreement Between The city of Miami aeactr Ano wtount sina Medical Center
Arnold Jaffee Mount Sinai Medical Center 04104t2014 Not for Profit
Neisen Kasdin Steven Sonenreich 03t19t14 Pending
Alexander Mendez Mount Sinai Medical Center 04104t2014 Not for Profit
Michael Milberg Mount Sinai Medical Center 04t04t2014 Not for Profit
Angel Pallin Mount Sinai Medical Center 04t04t2014 Not for Profit
Steven Sonenreich Mount Sinai Medical Center 04t04t2014 Not for Profit
Revised as of June 4,2014 at 5:38 p.m.
F:\CLER\COMMON\201 4\061 1 2014\LOBBYtST LtST.Docx
F:\CLER\COMMON\2014\061 1 201 4\LOBBYtST LtST. Docx
22
c2
GOMPETITIVE BID REPORTS
23
GOMMISSION ITEM SUMMARY
Condensed Title:
Request Approval To Reject All Bids Received Pursuant To lnvitation To Bid (lTB) No. 2014-014-
LR For Pharmaceuticals and Medical Suoplies.
lntended Outcome Su
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
lss ue:
Shall the Commission R the ITB?
Item Summary/Recommendation:
The Fire Department's Rescue Division requires the delivery of pharmaceuticals and medical
supplies in order to provide its public safety function.
On November 1,2013, lnvitation to Bid (RFP) 2014-014-LR was issued with an opening date of
December 11, 2013. Notices were sent to eighteen (18) prospective vendors which resulted in the
receipt of six (6) proposals, with one (1) vendor being deemed non-responsive. The Administration
has completed its review of the bids receive and has delermined that, because of the inegularities
in the unit of measures used by bidders and those listed in the invitation to bid, it is impossible to
determine the low bidder.
Accordingly, the Administration is recommending rejecting all bids received and conducting an
industry review with the intent of determining the proper unit of measure used by the industry to sell
the products required by the Fire Department. The Administration will also review other possible
cooperative contracting (piggyback) opportunities. ln the interim, the Fire Department will utilize the
current contract until a new award can be finalized.
RECOMMENDATION
After considering the review and recommendation of City staff, the City Manager recommends to
the Mayor and City Commission reject all bids received pursuant to ITB 2014-014-LR for
Pharmaceuticals and Medical Suoolies.
Financial lnformation:
Source of
Funds:
Amount Account
1 N/A
Financial lm
Total N/A
oact Summarv: N/A
AGENDA ITEM
DATE
c"A{s MIAMIBIACH 24
@ MIAMIBEACH
Ciiy ol trtiomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
June 11,2014DATE:
SUBJECT:
(tTB) NO. 2014-0{4-LR FOR PHARMACEUTICALS AND MEDICAL SUPPLIES.
ADM!NISTRATION RECOMMENDATION
Reject the lTB.
KEY INTENDED OUTCOME
N/A
BACKGROUND INFORMATION AND ITB PROCESS
The Fire Department's Rescue Division requires the delivery of pharmaceuticals and medical
supplies in order to provide its public safety function.
On November 1, 2013, lnvitation to Bid (RFP) 2014-014-LR was issued with an opening date of
December 11,2013. Noticeswere sentto eighteen (18) prospectivevendorswhich resulted in the
receipt of six (6) proposals, with one (1) vendor being deemed non-responsive. The Administration
has completed its review of the bids receive and has determined that because of the irregularities in
the unit of measures used by bidders and those listed in the invitation to bid, it is impossible to
determine the low bidder.
Accordingly, the Administration is recommending rejecting all bids received and conducting an
industry review with the intent of determining the proper unit of measure used by the industry to sell
the products listed. The Administration will also review other possible piggyback opportunities.
The Fire Department will continue to use the current contract which is based on a percentage off
catalog and effective until June 12,2016, but which provides a challenge to the department because
it requires that every item ordered be cross checked with the catalog to determine if the pricing
invoices is accurate.
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff, the City Manager recommends to the
Mayor and the City Commission reject all bids received pursuant to ITB 2014-014-LR for
Pharmaceuticals and Medical Supplies.
CONCLUSION
Based on the aforementioned, theAdministration recommendsthatthe Mayorand CityCommission
reject all bids received pursuant to ITB 2014-014-LR for Pharmaceuticals and Medical Supplies.
T:\AGENDA\2014Uune 11\Procuremenl\llB 2014-014-LR Reject all Bids for Pharmaceutical and Medical Supplies -MEMO.doc
mtsston
25
COMMISSION ITEM SUMMARY
lntended Outcome
REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSAL (RFP) FOR DESIGN/BUILD SERVICES
FOR THE CONSTRUCTION OF A 54" REDUNDANT SANITARY SEWER FORCE MA]N FROM PUMP STATION
#1 TO COMMERCE STREET
Ensure Reliable Stormwater Management By lmplementing Select Short And Long- Term Solutions lncluding
Sea-Level Rise
Data Environmental Scan. etc.): N/A
lssue:
Shall the Commission the award of Contract?
Item Summary/Recommendation:
Clerk's Office islative T
4\fiI ay\P rocu RFP 2014-253-YG Force Main SUMMARY.docx.
AGENDA ITEM
DATf,
J C2-R
On February ot 2012, Pure Technologies submitted a Condition Assessment Report of the existing 54" Pre-
Stressed Concrete Cylinder Pipe (PCCP) force main connecting to the Government Cut force main. lt was
discovered of the 260 pipes analyzed, 8 pipes (3olo) were found with electromagnetic anomalies representing
broken steel pre-stressing wire wraps. Although these anomalies do not pose an imminent threat to the
performance of the City's sanitary sewer service, a redundant 54" force main would ensure sanitary sewer service
in the event of an emergency or during malntenance. The force main is of importance since the existing 54" force
main conveys the City's entire sanitary sewer to the water treatment plant on Virginia Key. In addition the intent
would be to rehabilitate the existing 54" force main's electromagnetic anomalies after bringing the proposed 54"
force main into service.
The City shall prepare the Design Criteria Package for the Project that will serve to define the design requirements
for development of construction documents by the selected Design Build Firm (DBF), and for submission of their
price proposal. The Project consists of micro-tunneling for the installation of the 54" force main, open trench
construction at the launch and retrieval shafts, possible replacement, restoration, relocation or abandonment of
existing water and/or sewer facilities, maintenance of traffic, landscaping, restoration of disturbed drainage
features, roadway reconstruction / pavement markings, repair and/or extension of existing sidewalks to comply with
ADA requirements, and the incorporation and the undergrounding of utilities, including Florida Power and Light
(FPL), Atlantic Broadband (ABB) and AT&T. The City Commission's approval of this item will allow staff to initiate
the appropriate procurement process by advertising the RFP for design build services for the Project.
The DBF selected pursuant to the RFP will be responsible for the design and construction associated with the
Project. The contractwith the successful DBFwill be awarded in accordance with the established requirements for
award of design build contracts.
The Administration recommends that the Mayor and City Commission approve the issuance of Request for
Proposals (RFP) 2014-253-YG for Design/Build Services for the construction of a 54" redundant sanitary sewer
force main from Pump Station #1 to Commerce Street.
RECOMMENDATION
the lssuance of the RFQ.
Financial Information :
Source of
Funds:
Amount Account
1
Total
Financial lmpact Summary:
Alex Denis, Director Ext # 6641
& MIAM:BHACH C-l t*,/V26
g MIAMIBEACH
City of Miami Beoch, l70O Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 11, 2014
DESIGN/BUILD SERVIGES FOR THE CONSTRUCTION OF A 54" REDUNDANT
SANITARY SEWER FORCE MAIN FROM PUMP STATION #1 TO COMMERCE
STREET
ADMI NISTRATION RECOMMEN DATION
Approve the lssuance of the RFQ.
BACKGROUND
On February ol 2012, Pure Technologies submitted a Condition Assessment Report of the
existing 54" Pre-Stressed Concrete Cylinder Pipe (PCCP) force main connecting to the
Government Cut force main. lt was discovered of the 260 pipes analyzed, 8 pipes (3%) were
found with electromagnetic anomalies representing broken steel pre-stressing wire wraps.
Although these anomalies do not pose an imminent threat to the performance of the City's
sanitary sewer service, a redundant 54" force main would ensure sanitary sewer service in the
event of an emergency or during maintenance. The force main is of importance since the
existing 54" force main conveys the City's entire sanitary sewer to the water treatment plant on
Virginia Key. ln addition the intent would be to rehabilitate the existing 54" force main's
electromagnetic anomalies after bringing the proposed 54" force main into service.
The City shall prepare the Design Criteria Package for the Project that will serve to define the
design requirements for development of construction documents by the selected Design Build
Firm (DBF), and for submission of their price proposal. The Project consists of micro-tunneling
for the installation of the 54" force main, open trench construction at the launch and retrieval
shafts, possible replacement, restoration, relocation or abandonment of existing water and/or
sewer facilities, maintenance of traffic, landscaping, restoration of disturbed drainage features,
roadway reconstruction / pavement markings, repair and/or extension of existing sidewalks to
comply with ADA requirements, and the incorporation and the undergrounding of utilities,
including Florida Power and Light (FPL), Atlantic Broadband (ABB) and AT&T. The City
Commission's approval of this item will allow staff to initiate the appropriate procurement
process by advertising the RFP for design build services for the Project.
TO:the City
FROM:
DATE:
27
Commission Memorandum
RFQ For OesignBuild SeNices The Construction Of A 54" Redundant Sanitary Sewer Force
Main From Pump Station #1 To Commerce Street
May 28, 2014
Page 2 of 2
The DBF selected pursuant to the RFP will be responsible for the design and construction
associated with the Project. The contract with the successful DBF will be awarded in
accordance with the established requirements for award of design build contracts.
MAJOR RFP REQUIREMENTS
1. MINIMUM QUALIFICATIONS
Please Reference Section 0100-6, Minimum Requirements, RFP 2014-253-YG, DB Services for
54" Redundant Sewer Force Main.
2. SUBMITTAL REQUIREMENTS
Please Reference Section 00315, Proposal Submission Requirements,RFP 2014-253-YG, DB
Services for 54" Redundant Sewer Force Main.
3. CRITERIA FOR EVALUATION
Please Reference Section 0305, Evaluation Methodology, RFP 2014-253-YG, DB Services for
54" Redundant Sewer Force Main.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the issuance of a
Request for Proposals (RFP) for Design/Build Services for the construction of a 54" redundant
sanitary sewer force main from Pump Station #1 to Commerce Street.
ATTACHMENTS
RFP 2014-253-YG, DB Services for 54' Redundant Sewer Force Main
rr1
JLM / JMT tret AD
T:lAGENDA\2014\May\Procurement\lssuance RFP 2014-253-YG 54 DB Sewer Force Main MEMO.docx
28
* MIAMIBEACH
REQUEST FOR PROPOSALS
DESIGN/BUIID SERVICES FOR
54,, REDUNDANT SEWER FORCE MAIN
RFP No. 2O14-253-YG
RFP ISSUANCE DATE: MAY 30,2014
PRE-PROPOSAL MEETING DATE: JUNE 12,20'14
PROPOSAL DUE DATE: JULY 10,2014
Alex Denis, Director
DEPARTMENT OF PROCUREMENT MANAGEMENT
I 700 Convenlion Center Drive, Miomi Beoch, FL 33,l 39
www. m iom ibeqchfl.gov
29
MIAMIBEACH
TABLE OF CONTENTS
PAGE
PUBLTC NOTTCE FOR PROPOSALS............ ..............3
OO1OO. GENERAL INSTRUCTIONS TO PROPOSERS ..........,.........4
00200. DEFtNtTtoNS .............................8
00300. TNSTRUCTTONS TO PROPOSERS .................8
00305. EVALUATION METHODOLOGY................ ......................... 13
00315. pROPOSAL SUBMTSSTON REOUtREMENTS.............. ........................... 16
OO4O5. CIry OF MIAMI BEACH LICENSES, PERMITS AND FEES... ........,........21
APPENDIXES:
A. PROPOSAL CERTIFICATION, QUESTIONNAIRE& REQUIREMENTSAFFIDAVIT...23
B. "NO BrD" FORM......... ...........31
c. BrD BOND FORM ......... ........33
D. BtD TENDER FORM (COST PROPOSAL) .....................35
E. TNSURANCE REQUTREMENTS........... .......................38
F. REQUIRED FORMS .............40
G. CONTRACT .........44
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MIAMIBEACH
* MIAMIBEACil
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305.673.7490, Fax: 786.394.4006
PUBLIC NOTICE
REQUEST FOR PROPOSALS (RFP) No.2014-253-YG
DESIGN/BUILD SERVICES FOR: 54" REDUNDANT SEWER FORCE MAIN
Miami Beach, Florida
The Design/Build Firm (DBF) will be responsible for the design, construction, and construction management
associated with the work related to earthwork, pavement reconstruction, overhead utility undergrounding, sidewalk
construction, water main improvements (to also include water meter replacement), storm drainage infrastructure
installation, sewer main and structure lining, new conduits, conductors and service point for the existing street lights
and streetscape/planting improvements. A Design Criteria Package has been prepared which includes conceptual
specifications and plans for the civil and landscaping disciplines.
The DCP for this project shall be available in digital format on CDs. Please call Kenneth Patterson at 305,673.7490,
or e-mail kpatterson@miamibeachfl.qov to secure a CD. The cost for these CDs is $20. One may purchase a CD
through the Finance Cashier located on the 1,t Floor in City Hall. Please make reference of the RFP number (RFP
2014-253-YG) and project name (DESIGN/BUILD SERVICES FOR 54' REDUNDANT SEWER FORCE MAIN) to the
Finance Cashier. Afler purchase, CDs are to be collected by the Proposer at the Procurement Office located on the
3rd Floor in City Hall with presentation of receipt from the Finance Cashier.
A Mandatory Pre-Proposal Conference, as further detailed in Section 0100-11 of the RFP is scheduled for 3:00 p.m.
on June 3, 2014 in the City Managels Large Conference Room located at 1700 Convention Center Drive on the 4th
floor.
Sealed proposals will be received by the City of Miami Beach Department of Procurement Management, 3rd Floor,
1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the July 10,2014, for
DESIGN/BUILD SERVICES FOR 54'REDUNDANT SEWER FORCE MAIN (the Project).
Sincerely,
)v-t-H
Alex Denis
Director, Procurement Management Depa(ment
r I nrr zot4-253-YG
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MIAMIBEACH
01OO. GENERAL INSTRUCTIONSTO PROPOSERS:
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 qualiflcations, 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 Propose(s) (the "contractor[s]") ifthis RFP results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notilication 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
wilh PuhlicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may
result in disqualification of Proposal submitted.
2. Scope of Work: The Design/Build Firm (DBF) will be responsible for the design and construction associated with
the work related to approximately 900 linear feet of tunnel boring/open trench construction to install 54-inch internal
diameter pipeline, to be constructed with inerUnon-conosive malerial, along Washington Avenue from Commerce
Street to 2nd Street.
1. Approximately 4000 linear feet of tunnel boring to install S4-inch internal diameter pipeline, to be
constructed with inerUnon-corrosive material, along Euclid Ave from 2,d Street to 11th Street
2. Approximately 600 linear feet of tunnel boring/open trench construction to install S4-inch internal
diameter pipeline, to be constructed with inerUnon-conosive material, along 1 t h Street from Euclid Ave
to Pump Station #1.
ln addition, the scope of construction services will include, but is not limited to, providing all the materials,
labor, and equipment as well as the management, supervision, quality control, cost and schedule controls,
and safety services for the constructioni installation of all tunneled piping including launch and
retrieval shafts, manholes, junctions, ancillary piping, and tie-in connections to facilitate
successful construction and commissioning of the 54" redundant force main stretching from
Pump Station #1 to Commerce Street.
Design/Build Firm. is responsible for the cost of the construction from Pump Station #1 to the
existing 54" al 2no Street. Design/Build Firm price t including permitting, materials, equipment,
tools, labor, authorizations, approvals, utilities, testing, certification and any and all other
contractor's expenses.
3. Proiect Duration: The Design-Builder must complete the Work by the following durations, which exclude
the warranty administrative period.
1. Substantial Completion Date on or before 194 calendar days after the Notice to Proceed.2. First Completion Date on or before 224 calendar days after the Notice to Proceed.
4. Location of Work: The location of the project is approximately Washington Avenue from Commerce Street to
2ld Stre.tj,l,ar"i Beach, Florida.
5. Desiqn Criteria Packaqe: The DCP for this prolect shall be available in digital format on CDs. Please call Kenneth
Patterson at 305.673.7490, or e-mail koatterson@miamibeachfl.qov to secure a CD. The cost for these CDs is $20.
OnemaypurchaseaCDthroughtheFinanceCashierlocatedonthel.rFloorinCityHall. Pleasemakereferenceof
the RFP number (RFP 2014-253-YG) and project name (DESIGN/BUILD SERVICES FOR 54' REDUNDANT
4 I RFP 2ot4-2s3-YG
32
MIAMIBEACH
SEWER FORCE MAIN) to the Finance Cashier. After purchase, CDs are to be collected by the Proposer at the
Procurement Office located on the 3rd Floor in City Hall with presentation of receipt from the Finance Cashier.
6. Minimum Requirements: ln order for proposals to be deemed responsive, Proposers must meet the minimum
requirement set forth herein. Non-responsive bids will be disqualified from consideration. Minimum
requirements are for projects completed within the last 10 years, including projects that may be at least 50%
complete prior to the required submittal date of the solicitation.
Design-Builder Minimum Requirements:
1. The Design-Builder shall have performed and/or managed as a prime contractor or Design-Builder the
construction of at least 2 micro{unnel projects, one of which was a minimum length 1 ,200 linear feet with a
minimum of 48-inch inside diameter.
2. The Design-Builder shall be licensed as a General Contractor or Underground Utility Contractor in the State
of Florida.
3. The Design-Builder shall have completed at least three (3) prolects similar in scope and volume in the past
ten (10) years demonstrating the Proposer's experience in Right of Way (ROW) and infrastructure
improvements.
4. The Design-Builder shall have completed at least five (5) propcts similar in scope and volume
demonstrating the Propose/s design-build project experience in the past ten ('10) years.
5. The Design-Builder shall have completed three (3) projects simihr in scope and volume demonstrating the
Propose/s experience performing deep excavation/dewatering procedures in a coastal environment in the
past ten (10) years.
The Design-Builder may also qualify for any of the Lead Constructor or Lead Designer requirements.
Lead Designer(s) Minimum Qualifications:
1. The Lead Designe(s) Firm shall have designed at least 2 tunneling prolects, including 1 project consisting
of a minimum 1200-foot length and 48-inch inside diameter.
2. The Lead Designe(s) Firm performing design lor the deep shafts shall have designed at least 2 deep shafts
to support a tunnel boring operation of at least 25-feet deep (below grade).
3. The Lead Designe(s) providing services under technical certification categories herein shall have designed
or managed at least 2 projects that were completed within the last 10 years involving the following project
elements: tunneling, large diameter pipeline installation and construction of deep shafts.
Lead Constructor:
'1. The Lead Constructo(s) firm performing the tunnel boring work shall have constructed at least 5 tunneling
projects of similar complexity to this prolect. A minimum total of 2500 linear feet of micro-tunnel installation
is required, including 1 project consisting of a micro{unnel installation with a minimum length of 1200 linear
feet and 48-inch nominal inside diameter.
2. The Lead Constructo(s) firm performing the shaft construction shall have constructed at least 4 deep shafts
(i.e. at least 15 feet below grade), 2 of which were to at least 30 foot deep (below grade).
3. The Lead Constructor(s) lirm performing the open cut installation of 54-inch pipe shall have performed at
least 2 projects utilizing open cut methods with pipe of 48-inches inside diameter or larger, including 1
pro,lect having a total installed length of at least 1,000 linearfeet,
The Lead Constructor may also qualify for any of the Design Builder requirements.
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MIAMIBEACH
7, Bid Bond: A bid bond of 5% of the total cost submitted by Proposer is required to be submitted with the proposal.
The bid bond must be in the form of a bid bond (See Appendix D), or bank certified check issued to "The City of
Miami Beach, Florida".
9, Proposal Submission: One (1) unbound original proposal must be received by 3:00 p.m. on the 1()th day of
July, 2014. Additionally, seven (7) bound copies as well as a CD or flash drive copy of the complete proposal
are to be submitted to the City. The original proposal and all copies must be submitted to the Department of
Procurement Management in a sealed envelope or container stating on the outside, the Proposer's name, address,
telephone number, RFP number, title, and due date, Any proposals received after time and date specified will be
returned to the Proposer unopened. The responsibility for submitting a proposal before the stated time and
date is solely and strictly the responsibility of the Proposer. The City is not responsible for delays caused by
mail, courier service, traffic, weather or any other occurrence.
10. 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:
RafaelGranado@miamibeachfl.qov; or facsimile: 786-394-4188. The RFP title/number shall be referenced on all
correspondence. All questions or requests for clarilication must be received no later than ten (10) calendar days
prior to the date Proposals are due as scheduled in Solicitation Timeline. All responses to questions/clarifications will
be sent to all prospective Proposers in the form of an addendum.
Procurement Contact:
Alex Denis
Telephone:
305.673.7490
Email:
adenis@miamibeachfl.gov
1 1. Pre-Proposal Conference: A Pre-Proposal Conference is scheduled for 3:00 p.m. on June 12,2014 in the City
Manaqe/s Conference Room located at 1700 Convention Center Drive on the 4th floor.
Attendance (in person or via telephone) to this meeting is not mandatory but strongly encouraged. Proposers
interested in participating in the meeting via telephone must follow these steps:(1) Dialthe TELEPHONE NUMBER: 888-270-9936 (Toll-free North America)(2) Enter the MEETING NUMBER: 1142644# (note that the number is followed by the pound (#) key).
12. 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. Addendum will be released through PublicPurchase. Any prospective Proposer who
has received this RFP by any means other than through PublrcPurchase 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.
The tentative schedule for this solicitation is as follows:
RFP Issued May 30, 2014
Pre-Proposal Meeting (Refer to 0100-1 1 for details)3:00 p.m, on June 12,2014
Deadline for Receipt of Questions July 3, 2014
Proposals Due July'10, 2014
Evaluation Commiftee Review & Proposer Presentations
(Presentations only if deemed necessary by the City)
TBD
Tentative Commission Approval Authorizing Negotiations TBD
Contract Negotiations TBD
6 I RFP 2014-2s3-YG
34
MIAMIBEACH
13. CONE 0F SILENCE. Pursuant to Section 2486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http//library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida, Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
14, 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:
hftp://web. miamibeachfl .qov/orocuremenUscroll.asox?id=235 1 0
. CONE 0F S1IENCE............................ CI CODE SECTION 2486
o PROTESTPROCE0URES.............,..... CITY CODE SECTION 2-371
o DEBARMENT PROCEED|NGS.............. CITY CODE SECTIONS 2-397 THROUGH 2485.3
. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2481 THROUGH 2406
o CAMPAIGN CONTRIBUTIONS BY VENDORS.......... Clry CODE SECTION 2487
. CAIVPAIGN CONTRIBUTIONS BY LOBBYISIS ON PR0CUREMENTtsst.]Es................... ctTY coDE sECTroN 2488
o REOUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS
FOR DOI/ESTIC PARTNERS....,,,.....,..,,,.. CIry CODE SECTION 2.373. LIVING WAGE REOUIREI\4ENT,...,,,,.,,...
r LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS.,-. ....
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIEO SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES,,,..,,....,.,..,,...,,,,..,,. FALSE CLAIMS ORDINANCE........ ACCEPTANCE OF GIFTS, FAVORS & SERVICES...,...,,,..,.,..,,,...,....,.
CITY CODE SECTIONS 2407 THROUGH 2410
CITY CODE SECTION 2-372
CITY CODE SECTION 2-374
crTY coDE sEcTtoN 70-300
CIIY CODE SECTION 2449
Note: Ordinances may be amended any time prior to the receipt of bids. The most recently approved ordinance or version shall
apply.
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35
MIAMIBEACH
OO2OO. DEFINITIONS:
Please refer to Section 00600, Contract, Article No. 1 - "Definitions and ldentifications", in the Attachment.
OO3O(). INSTRUCTIONS TO PROPOSERS:
1. Examination of Contract Documents and Site: lt is the responsibility of each Proposer before submitting a
proposal, to:
1.1 . Examine the Contract Documents thoroughly,1.2. Visit the site or structure to become familiar with condilions that may affect costs, progress,
performance or fumishing of the Work,1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations,
permits, and ordinances that may affect costs, progress, performance, furnishing of the Work,
or award,1.4. Study and carefully correlate Propose/s observations with the Contract Documents, and1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or
discrepancies in the Contract Documents of which Proposer knows or reasonably should have
known.
The submission of a proposal shall constitute an incontrovertible representation by Proposer that Proposer
has complied with the above requirements and that without exception, the proposal is premised upon
pefforming and furnishing the Work required by the Contract Documents and that the Contract Documents
are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for
performance and fumishing of the Work.
2. Pre-Proposal lnterpretations: Only questions answered by written Addenda will be binding and may
supersede terms noted in this RFP. Oral and other interpretations or clarifications will be without
legal effect. All guestionsaboutthemeaningorintentoftheGontractDocumentsaretobedirectedtothe
City's Procurement Director or designated representative in writing. lnterpretations or clariflcations
considered necessary by the City in response to such questions will be issued by the City by means of
Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received
the Bidding Documents. Written questions should be received no less than ten (10) calendar days
prior to the date of the opening of Proposals. There shall be no obligation on the part of City or the
City's Procurement Director to respond to questions received less than ten (10) calendar days prior
to original proposal opening date stipulated in this solicitation.
3. Joint Ventures: Joint Ventures are not allowed. The City will contract wilh a Prime Contractor only. Each
proposal shall be submitted by the Prime Conhactor only. However, proposals may include sub-contractors
or sub-consultants to the Prime Contractor.
4. Printed Form of Proposal: All proposals must be made upon the blank Proposal Tender Form included
herein and must give the price in strict accordance with the instructions thereon. The proposal must be
signed and acknowledged by the Proposer in accordance with the directions on the proposal form.
5. Acceptance or Reiection of ProDosals: The City reserves the right to relect 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 proposal opening date. A Proposer may not withdraw its proposal
unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of
proposal opening. AProposermaywithdrawitsproposal aftertheexpirationofonehundredtwenty(120)
calendar days from the date of proposal opening by delivering written notice of withdrawal to the
Department of Procurement Management prior to award of the Contract by the City Commission.
a I nre 2014-2s3-Yc
36
b.
MIAMIBEACH
Determination Of Award; The linal ranking results of Step 1 & 2 outlined in Evaluation of Proposals Section
will be considered by the City Manager who may recommend to the City Commission the Proposer s/he
deems to be in the best interest of the City or may recommend rejection of all Proposals. The City
Manage/s recommendation need not be consistent with the scoring results identilied 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
conkact.
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
relect all Proposals. Upon approval of selection by the City Commission, negotiations between the City and
the selected Propose(s) will commence.
Evaluation: An interim performance evaluation of the successful Proposermay be submitted by the Contract
Administrator during construction of the Prolect. A final performance evaluation shall be submitted when the
Request for Final Payment 1o the conslruction contractor is fonvarded for approval. ln either situation, the
completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to
the successful Proposer. Said evaluation(s) may be used by the City as a factor in considering the
responsibility of the successful Proposer for future proposals with the City.
Conkact Price: The Contract Price is the Guaranteed Maximum Price agreed to by the Design/Build Firm
and the City under this Contract, payable to complete the Work in accordance with the DCP, and as may be
increased or decreased by Change Order. The Contract Price is to include the furnishing of all necessary
design, labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and
profit for the completion of the Work except as may be othenrvise expressly provided in the Contract
Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price
shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable.
Postponement of Date for Presentino and Openino Proposals: The City reserves the right to postpone the
date for receipt and opening of proposals and will make a reasonable effort to give at least five (5) calendar
days written notice of any such postponement to each prospective Proposer.
Qualifications of Proposers; Proposals shall be considered only from Proposers which submit their proposal
by the proposal's due date; Proposers who meet the "Minimum Requirements"; and Proposers that submit
all required documentation as requested underthis solicitation.
ln determining a Proposeis responsibility and ability to perform the Contract, City has the right to investigate
and request information concerning the financial condition, experience record, personnel, equipment,
facilities, principal business location and organization of the Proposer, the Propose/s record with
environmental regulations, and the claims/litigation history of the Proposer. The City reserves the right to
consider third-party information (e.9., Dun & Bradstreet's Supplier Reports or similar) in determination of
capacity.
7.
8.
0
10.
? I RFP 2ot4-2s3-Yc
37
11.
12.
MIAMIBEACH
Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7)
calendar days prior to proposal opening. All addenda and other modilications made prior to the time and
date of proposal opening shall be issued as separate documents identified as changes to the Project
Manual.
Prevailino Waqe Rates: tNAl
funded eenstruetion eentraets in exeess ef ene millien dellars te whieh the City ef Miami Beaeh is a party,
iees
ef \Yerh as establ is
e.-------ste+ma+a+nage* read eenstruetien, exeept bridges er struetu{es requiring pilings; ande, Ueautineafien p
Occupational Health and Safetv: ln compliance with Chapter 442, Floida Statutes, any toxic substance
listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The
MSDS must include the following information:
12.1 The chemical name and the common name of the toxic substance.
12.2 The hazards or other risks in the use of the toxic substance, including:
12.2.1 The potential for fire, explosion, conosion, and reaction;
12.2.2 The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by
exposure to the toxic substance; and
12.2.3 The primary routes of entry and symptoms of overexposure.
'12.3 The proper precautions, handling practices, necessary personal protective equipment, and other
safety precautions in the use of or exposure to the toxic substances, including appropriate
emergency treatment in case of overexposure.
12.4 Ihe emergency procedure for spills, fire, disposal, and first aid.
12.5 A description in lay terms of the known speciflc potential health risks posed by the toxic substance
intended to alert any person reading this information.
12.6 The year and month, if available, that the information was compiled and the name, address, and
emergency telephone number of the manufacturer responsible for preparing the information.
,1'tJ.
r0l RFP 2014-2s3-YG
38
14.
MIAMIBEACH
Environmenlal Requlations: The City reserves the right to consider a Proposeis history of citations and/or
violations of environmental regulations in investigating a Proposeds responsibility, and further reserves the
right to declare a Proposer not responsible if the history of violations wanant such determination in the
opinion of the City. Proposer shall submit with its Proposal, a complete history of all citations and/or
violations, notices and dispositions thereof. The non-submission of any such documentation shall be
deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify
the City immediately of notice of any citation or violation which Proposer may receive after the Proposal
opening date and during the time of performance of any contract awarded to it.
"Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract
Documents including plans and specifications by reference to manufacturers'or vendors' names, trade
names, catalog numbers, or othenvise, City, through Consultant, will have made its best efforts to name at
least three (3) such references. Any such reference is intended merely to establish a standard; and, unless
it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any
material, article, or equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable provided the materials, article or
equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR,
WHO SHALL FORWARD SAME TO CONSULTANT.
Protested Solicitation Award: Proposers that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Code Section 2-371, which establishes procedures for
resulting prolested proposals and proposed awards. Protest not timely pursuant to the requirements of the
City Code shall be barred.
Financial Stability and Strenqth: The Proposer must be able to demonstrate a good record of performance
and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or
services req uired herein.
ln addition to other flnancial documents required to be submitted, the City may require, after receipt of
proposals, that Proposers shall submit financial statements for each of their last two complete fiscal years
within ten (10) calendar days, upon written request. Such statements should include, at a minimum, balance
sheets (statements of financial position) and statements of profit and loss (statement of net income). When
the proposal submittal is from a joint venture, each Proposer involved in the joint venture must submit
flnancial statements as indicated above.
The City reserves the right to consider third-party information (e.9., Dun & Bradstreet's Supplier Reports or
similar) in determination of capacity.
Any Proposerwho, at the time of proposal submission, is involved in an ongoing bankruptcy as a debtor, or
in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over
all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state
insolvency, may be declared non-responsive.
Miami Beach-Based Vendors: Pursuant to City of Miami Beach Code Section 2-372, a preference will be
given to a responsive and responsible Miami Beach-based vendor, who is within five percent (5%) of the
lowest responsive, responsible Proposer, an opportunity of providing said goods or contractual services for
the lowest responsive proposal amount. Whenever, as a result of the foregoing preference, the adjusted
prices of two (2) or more Miami Beach-based vendors constitute the lowest proposal for a competitively
proposal purchase, and such proposals are responsive and otherwise equal with respect lo quality and
15.
to.
17.
18.
It I RFP 2OI4-253-YG
39
19.
MIAMIBEACH
service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its
employees that are Miami Beach residents. Whenever, two or more Miami Beach-based vendors have the
same number of its employees that are Miami Beach residents, then the award shall be made to the Miami
Beach- based vendor who is certilied by Miami-Dade County as a Minority or Women Business Enterprise.
Veteran Business Enterprises: Pursuant to City of Miami Beach Code Section 2-374,the City shall give a
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, and which is within
five percent (5%) of the lowest responsive, responsible Proposer, by providing such Proposer an opportunity
of providing said goods or contractual services for the lowest responsive Proposal amount. Whenever, as a
result of the foregoing preference, the adjusted prices of two (2) or more Proposers which are a small
business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise
constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such
proposals are responsive, responsible and othenvise equal with respect to quality and service, then the
award shall be made to the service-disabled veteran business enterprise.
Equal Benefits Code Provision: Proposers are advised that this Proposal and any contract awarded
pursuant to this procurement process shall be subject to the applicable provisions of City Code Section 2-
373, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Code
Provision')." The Code Provision 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.
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20.
12l RFP 2014-2s3-YG
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MIAMIBEACH
OO3O5. EVALUATION METHODOLOGY
1, Two Step Evaluation. The evaluation of responsive proposals will proceed in a two-step process. The first
step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee, The
second step will consist of quantitative criteria established below to be added to the first step scores by the
Procurement Management Department.
2. Evaluation Comittee: An Evaluation Committee, appointed by the City Manager, shall meet to evaluate
each Proposal in accordance with the qualifications criteria established below. ln doing so, the Evaluation
Committee may:
a, Review proposals received and short-list one or more proposers to be considered during Step 2 of
the evaluation; or
b. Review proposals received and interview or receive presentations from one or more proposers in
order to develop a short-list of one or more proposers to be considered during Step 2 of the
evaluation.
3. Step 1 Evaluation (Qualitative Criteria):
Remainder of Page lntentionally Left Blank
ln no parlicular order, the evaluation committee will consider the
following factors in evaluating the qualitative criteria porlion of the
evaluation process:. Qualification of Proposing Firm, including team firm's and
prior joint experience and recent, cunent and projected
workloads of the firm. Project Team Experience, including Qualifications of
Contractor & Key Personnel, including Design Engineer &
Key Personnel. Relevant Similar Experience. Self-Performance of Work. Financial Capacityo Pgect Approach, including DBE utilizationr Project Schedule. Risk Assessment Plan. Self-Performance of Work
r3l RFP 20r4-2s3-YG
41
4.
MIAMIBEACH
Step 2 Evaluation (Quantitiative Criteria): Following the results of Step 1 Evaluation of Qualitative
criteria, the proposers may receive additional points to be added by the Department of Procurement
Management to those points earned in Step 1. Proposer must submit qualifying evidence with their
proposals in orderto receive points in the category.
accordance to City Code.
Price: Points awarded to the proposer for cost proposals shall be developed in accordance with the
Remainder of Page lntentionally Left Blank
6
The volume of work previously awarded to each firm by the City.
(Firms with the least amount of previous work awarded by the City
will yield the most points. The firm with the most work previously
awarded work bv the Citv will receive no
Miami Beach-Based Vendor
Veterans and Slate-Certifi ed Service-Disabled Veleran
- Points Awarded for Miami Beach-Based Vendors and Veteran's Preference shall be in
formula:
Sample Obiective Formula for Cost and Supplier Risk Score
Vendor Vendor
Cost
Proposal
Example
Maximum
Allowable Points
Formula for Calculating Points
(lowest cost / cost of proposal
being evaluated X maximum
allowable points = awarded
points)
Total Points
Awarded
Vendor A $100.00 20 $100 / $100 X 20 = 20 20
Vendor B $150.00 20 $100/$150X20=13
Vendor C $200.00 20 $100/$200X20=10 10
14l RFP 2O|4-253-YG
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MIAMIBEACH
6. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and 2 scores will be converted to rankings in accordance with the example below:
::':'.i
.,..t,,
:,l
Committeeil
Member 1,,,
Step 1
Points 82 /b 80
Step 2
Points 10 7 5
Total 92 84 85
' Rank 1 I .\L
tt
at'
,,, Con,,, Committee.l
Step 1
Points 90 85 72
Step 2
Points 10 7 5
Total 100 92 79
,, ,,r-.Member 2,,'., .,.,...,Rank -.1 )
L,'
r;IiiiIiI:,::''-.
, 'Committee
,,,,, l\rlember.2,,
Step 1
Points 80 74 00
Step 2
Points 10 7 5
Total 90 6t -70
,," , ",,,'Rank,-,,,,,. z.
- Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Rankino 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.
By submitting a proposal, all Proposers shall be deemed to understand and agree that no property interest
or legal right of any kind shall be created at any point during the aforesaid evaluation / selection process
until and unless a contract has been agreed to and signed by both paffes.
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15 I RFP 2014-2s3-YG
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00315. PROPOSAL SUBMISSION REQUIREMENTS
1. FORMAT FOR SUBMITTAL. Proposal packages must contain all the information requested in the following
documents, each fully completed, and signed as required. Proposal packages which do not include all
required documentation, or are not submitted in the required format, or do not have the appropriate
signatures on each document, may be deemed non-responsive. The City reserves the right to request any
documentation omitted, with exception of the Proposal Price form. Proposer must submit the
documentation within three (3) calendar days upon request from the City, or the proposal may be deemed
non-responsive. Non-responsive proposal packages will receive no further consideration.
Proposers may not dictate the circumstances under which the documents are deemed to be conlidential.
Only the State Legislature may determine which public records are subject to disclosure and which are not.
Moreover, a private party cannot render public records exempt from disclosure merely by designating as
confidential the material it furnishes to the City. The desire of the private party to maintain privacy of certain
materials filed with the City is of no consequence unless such materials fall within a legislative created
exemption to Chapter 119, Florida Statutes.
2. CONTENTS AND FORMAT 0F PROPOSAL. To facilitate review of proposals, Proposers are requested to
submit proposals in the format stipulated in this section, including cleady identifiing each proposal section (tab).
2.1 (TABI)-IDENTIFICATIONPAGEANDTABLE0FCONTENTS:ProposershallprovideanldentificationPage
including the following information:
2.1.1 Cover Letter.
2.1.1.1Name of Proposer (Prime Contractor).
2.1.1.2Addressof submitting Proposer. (Note: if co venture, specify)
2.1.1.3 E-mail address for the appropriate contact person at the submitting company.
2.1.1.4Phone number and facsimile number of submitting Proposer.
2.1.1.5Federal Tax ldentification Number for submitting Proposer.
2.1.1.6 Declaration regarding company organization, whether as Corporation, Partnership, or
other. (Note: if co venture, specify)
2.1.1.7Signature of an officer or other individual of the submifting Proposer who has the authority
to bind said Proposer.
2.1 .1 .8 Printed name of the authorized signing officer or other individual,
2.1 .1 .9 Title of the authorized signing officer.
2.1.1.10Date of signature.
2.1.2 Table of Contents.
2.1.3 Appendix A, Proposal Questionnaire, Certiflcations & Requirements Affidavit.
2.2 (TAB 2) - COMPLIANCE WITH MINIMUM REQUIREMENTS: Proposer shall submit verifiable documentation
that demonstrates Proposer is in full compliance with the Minimum Requirements noted on page 6 of the Public
Notice Section. For those minimum licensure requirements, proposer shall submit copies of the applicable
license. For those experience qualifications, proposer shall submit specific projects and project contact
information.
2.3 (TAB 3) - OUALIFICATIONS 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.
2.3.1 Team Firms (sub-contractor/sub-consultant to the Prime Contractor). For each team firm 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.
ld I RFP 2014-2s3-YG
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2.3.2 Prior Joint Project Experience. Submit list of prolects (including project contact information) for
each project that the proposed prolect team firms have collaborated on in the past, including detailed
information on each firm's role.
2.3.3 All Proposers shall submit verifiable evidence of recent, cunent, and projected workloads.
Proposers shall submit at a minimum project titles, descriptions, percentage completed, anticipated
completion date, and a point of contact (phone and e-mail) for each project for verification purposes,
2.4 (TAB 4) - PROJECT TEAM EXPERIENCE. (lndividual Team Members): lt is a requirement of the prolect that
the Proposer, staff the project with competent individuals, and qualiiied supervisory personnel. To that end, the
Proposer shall provide:
2.4.1 An organizalional chaft lisling the proposed key personnel, their qualifications and their roles in the
project, resumes which shall include educational background, work experience, employment history,
and any other pertinent information. Where applicable, proposed team members shall also submit
current and valid certifications and/or licenses for their individual scope of supervision. At a minimum,
the Proposer shall include the following proposed p@ect team members:
2 4.1.1 Prolect Manager
2.4.1.2 Final Design Manager
2.4.1.3 Final Design Engineer(s)
2.4.1.4 Construction Superintendent
2.4.1 .5 Underground Utility Superintendent Foreman2.4.2 A staffing plan that cleady illustrates the key elements of the organizational structure proposed to
accomplish the management, design, construction, inspection and administrative services required, The
staffing plan should indicate the availability of the personnel proposed to work on the Prolect. The staffing
plan should also indicate the name of the individual who will serve as the primary contact with City.
Proposer shall cleady detail the role of all of the Sub-consultants and/or Sub-contractons proposed for the
Prolect.2.4.3 Submit verifiable information that the team, as individuals, has worked together on past projects
similar to the scope of this RFP.
2.4.4 (TAB 5) - RELEVANT EXPERIENCE: Each Proposer shall demonstrate their experience in the
Final Design and Conskuction of projects of similar scope, size and complexity. Each Proposer shall furnish
a list of all prolects demonstrating relevant experience. Projects must illustrate familiarity with all of the
following aspects: underground utility construction; storm water collection and disposal; and site concrete
work. All projects must demonstrate experience within existing traveled roads where trafflc must have been
maintained. Projects must have a minimum value of $1,000,000 each. ln order to properly evaluate the
proposals, the City requests that each Proposer submit project references for previous projects completed
wilhin the last five (5) years that include the following information and components:
2.4.4.1 Project name
2.4.4.2 Projectlocation
2,4.4.3 Brief description of work performed
2.4.4.4 Names, addresses, telephone number, fax number, and contact name for the following:
2.4.4.5 Owner or Agency
2.4.4.6 Architect or Landscape Architect, or Engineering Consultant
2.4.4.7 General Contractor (if work performed as a Sub Contractor)
2.4.4.8 Name of General Contractor's project manager and lleld superintendent
2.4.4.9 Awarded contract amount and final contract amount
2.4.4.10 Explanation of differences between awarded and final contract amounts, if difference
exceeded 5%
2.4.4.11 Date of prolect completion. The Proposer should reference if the project was completed on
time
17 | RFP 2014-2s3-YG
45
MIAMIBEACH
2.4.4.12 A checklist or description of the following types of construction encountered on the project, if
applicable
2.4.4.13 Trafflccontrol
2.4.4.14 Maintenance of access for pedestrians to businesses or residences
2.4.4.15 Undergroundutilityconstruction
2.4.4.16 Erosion control and storm water pollution prevention measures
2.4.4.17 Drainage collection and / or disposal system
2.4.4.18 lrrigationsystems
2.4.4.19 Landscapeplanting
2.5 (TAB 7) - SELF-PERFORMANCE OF WORK. lt is the objective of the City that, at a minimum, 607o of the
construction portion of the propct defined herein shall be performed directly by the Prime Contractor (rather than
through sub-contractons). To evaluate compliance with this objective, proposers shall submit a schedule, by
Construction Specification lnstitute (CSl) Division, denoting which sections of the scope shall be performed
directly by the Prime Contractor (with its own forces) and which sections are intended to be subcontracted.
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r& | RFP z}t4-2s3-YG
46
MIAMIBEACH
2.6 (TAB 8)- F|NANC|AL CAPACTTY.
2.6.1 D&B Supplier Qualifier Repo( Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier
Qualification Repoft (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://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly
recommended that each Proposer review the information contained in its SQR for accuracy prior to
submittal to the Ci$ and as early as possible in the solicitation process. For assistance with any portion
ofthe SQR submittal process, contact Dun & Bradstreet at 800-424-2495.
2.6.2 Bonding Capacity. Proposers shall provide proof of bonding capacity suitable for the scope of work from
a Surety firm rated by AM Best as to be no less than A- (Excellent) and within a Financial Size Category
of no less than Category V ($10 - $25 million).
2.7 (TAB 9) PROJECT APPROACH: Proposer will be required to submit a nanative of its team's approach to the
prolect. The following is to be addressed in the Prolect Approach section:2.7.1 Submit veriflable evidence Proposer's intent to utilize Disadvantaged Business
Enterprise (DBE) Firms. Accepted DBE certifications include the Small Business Administration (SBA),
State of Florida, or Miami-Dade County..2.7.2 A management plan including, techniques for 'partnering' with the community's
merchants, tenants and residents and its approach to a project of this nature with construction activities
as described in the Scope.2.7.3 The Proposer shall provide a detailed description of the key Project aclivities, to
include final design and construction activities approach;2.7.4 The Proposer shall illustrate complete understanding of the scope of work for all
components of the pro1ect. The narrative shall address methodology, sequencing and phasing of the
various work efforts.2.7.5 The Proposer shall describe the efforts involved in coordinating with Florida Power
and Light (FPL), AT&T and Atlantic Broadband (ABB).2,7.6 Proposer shall clearly detail and present its approach to all required permifting issues,
including but not limited to, water distribution system, stormwater drainage system, street lighting
system, Iandscaping etc., relative to the applicable agency(ies) and entity(ies), e.g. City of Miami
Beach, SFWMD, FDOT, FDEP, USACOE, Miami-Dade County RER, Fl. Dept, of Health, etc.2.7.7 Proposer shall describe their Quality Assurance / Quality Control Plan ('OpJOC
Plan") for the Work, including deslgn, conslruction, coordination, implementation and completion of the
Project. The Proposer shall explain its QIVQC Plan and the plan for any of its subconsultants or
Subcontractors, namely the policies and procedures that will be used to assure the complete and the
accurate management of the Prolect.2.7.8 Proposer must perform at least sixty percent (60%) of the construction work with the
firm's own forces.
2.8 (TAB 10) PROJECT SCHEDULE: The Proposer shall submit a Preliminary Project Schedule with the submittal.
The Preliminary Project Schedule shall include all anticipated major milestones and their associated phasing
with other activities, including completion of the Project within the specifled time detailed in the Proposal
Documents, coordination efforts and issues requiring the City's involvement and necessary reviews.
t? | RFP 2O14-2s3-YG
47
MIAMIBEACH
The maximum design and construction time for the Prolect ("Maximum Allowable Contract Time') shall not
exceed two hundred and forty (240) calendar days as per the "Design Criteria" document. ln this Project
Approach section, the Proposer is to demonstrate the ability to meet or reduce the estimated Maximum
Allowable Contract Time.
At a minimum, the Preliminary Project Schedule must address the following milestones and activities:
2.8.1 Design Schedule & Submittals
2.8.2 Design Phase Reviews by the City - Assume 4 weeks
2.8.3 Communitylnvolvement
2.8.4 Permitting
2.8.5 UtilityCoordination/Relocation
2.8.6 Start of Construction
2.8.7 Major Construction Activities and Phasing
2.8.8 Final Completion Date for all Work.
2.9 (TAB11) RiskAssessmentPlan(RAP): Thepurposeof theRiskAssessmentPlan(RAP) istocapturethe
contractor's ability to preplan (identify the risks that the contractor may not directly control and that may
negatively impact the project's cost and schedule, as well as the clienfs expectations of quality and
performance). ThedescriptionoftherisksidentifledintheRAPshouldnothaveanyadditional costortime,but
are risks that the contractor will try to minimize. The format for submitting the RAPI/AS is as follows.
2.9.1 List and prioritize major risk items or decisions to be made that are unique to this prolect. This includes
items that may cause the project to not be completed on time, not finished within budget, generate any
change orders, or may be a source of dissatisfaction for the City.
2.9.2 Explain how risk will be avoided / minimized. lf the contractor has a unique method to minimize the
risk, it should be clearly explained.
2.9.3 Propose any options that could increase the value (expectation or quality) of their work. List any value-
added alternates that the contractor is bringing to the prgecl
2.10(TAB 11)Bid Bond -Appendix C.
2.11(TAB 11) Cost Tender Form - Appendix D: Proposal packages must include a sealed envelope with Cost
Tender Form - Appendix E. Proposal Tender Forms must be properly executed by authorized officers of the
proposing company.
2.12(TAB 12) Required Forms - Appendix F: Submit all forms included in Appendix F, Required Forms,
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20 | RFP 2Ot4-2s3-YG
48
MIAMIBEACH
OO4O5. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES:
Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage
method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE T0 THE CITY by
virtue of this construction as part of the Contract is as follows:
The City of Miami Beach will require occupational licenses for Contractors as well as sub.contractors.
Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other
governmental entities are not included in the above list, but are listed as attached (next page) and included
as an allowance in the proposal.
1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days
of notification of intent to award.
1, Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes.
NOTE: a) lf the Contractor is a State of Florida Certified Contractor the followinq will be required:
1) Copy of State Contractors Certification2l Place of Business Occupational License3) Liability and Property Damage lnsurance Certificate made to City of Miami Beach4) Workers compensation or the exemption
b)lf a Dade Countv Licensed Gontractor:
1) Dade Certificate of Competency in the Discipline Licensed2) MunicipalContractorsOccupationalLicense
3) Liability and Property damage lnsurance Certificate made to City of Miami Beach4) Workers Compensation or the exemption
NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPOMTE CERTIFICATES WITH
YOUR PROPOSAL RESPONSE
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2l I RFP 2014-2s3-YG
49
MIAMIBEACH
CITY OF MIAMI BEACH
CAPITAL IMPROVEMENTS PROGRAM
REQUEST FOR PROPOSALS (RFP) No. 2014-253-YG
DESIGN/BUILD SERVICES FOR CENTML BAYSHORE SOUTH
RIGHT.OF.WAY INFRASTRUCTU RE IMPROVEMENTS
Note: The Proposer shall obtain and pay for all permits required for execution of the work; provided
however, that the Gity will waive Public Works Department Right-of-Way permit fees.
PERMITS
r. MTAMT.DADE CoUNTY DEPARTMENT OF REGULATORY AND ECONOMTC RESOURCES (RER)
(formerly DERM).. Class ll Surface Water Permit. Class V Dewatering Permit
. Drainage Well Permit. File Notice of commencement with SFWMD and RER
il. FLORTDA DEPARTMENT 0F ENVTRONMENTAL PROTECTTON (FDEP)
o Notice of lntent to Use Generic Permit for Storm Water Discharge from Large and Small
Construction Activities
. National Pollutant Discharge Elimination System (NPDES) permit
III. MIAMI.DADETRAFFICENGINEERINGDEPARTMENT
IV. MIAMI.DADE WATER AND SEWER DEPARTMENT (WASD)
v. FLORTDA POWER AND L|GHT (FPL)
VI. CITY OF MIAMI BEACH PUBLIC WORKS DEPARTMENT. ROW Permit - Fee to be waived.o Building Department - Plumbing, Structural, Electrical - Fees to be waived with the exception of
Dade County fees
. Notice of Commencement Permit
vil. s0uTH FLoRTDAWATER MANAGEMENT DtSTR|CT (SFWMD)
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u I nre 2ot4-zs3-YG
50
APPENDIX A
g MIAMIBEACH
Proposol Certificotion,
Questionnoire &
Req uire ments Affid ovit
RFP 201 4-253-YG
DESIGN/BUILD SERVTCES FOR 54"
REDUNDANT SE\VER FORCE MAIN
PROCUREMENT DIVISION
I 700 Convention Cenler Drive
Miomi Beoch, Florido 33139
es I nre 2014-2s3-YG
51
Solicitation No:
2014-253-YG
Solicitation Title:
DESIGN/BUILD SERVICES FOR 54" REDUNDANT SEWER FORCE
MAIN
Procurement Contactl
Alex Denis
Tel:
305-673-7490
Email:
adenis@miamibeachfl .oov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certillcation, Questionnaire and Requirements Affldavit Form is to inform prospeclive Proposers of
certain solicitation and conlractual 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 lnformation.
FIRM NAME:
No of Years in Businessl No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRJ\4 PR'IVARY ADDRESS (HEADQUARIERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO,:
FM NO.l
FIR[4 LOCAL ADORESS:
ctry:
STATE:ZIP CODE:
PRII\4ARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEIVIENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO,:
ACCOUNT REP EN4AIL:
FEDERAL TAX ]DENTIFICATION NO,:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, llnancial information, or any information the City deems
necessary to evaluate lhe capacity of the Proposer to perform in accordance with contract requirements,
241 RFP 2014-253-YG
52
2.
2
Miami Beach Based (Local) Vendor. ls Prqpglg1claiming Miami Beach based firm status?[--l vrs I--l uo
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt
issued by the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-
3747,to demonstrate that the Proposer is a Miami Beach Based Vendor.
Veteran Owned Business. ls Proposer claiminq a veteran owned business status?[--l yes [-l r'ro
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.
Conflict 0f lnterest. All Proposers must disclose, in their Proposal, the name(s) of any oflicer, 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, directol 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
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: Foreach reference submitted, the following information is required: 1)Firm Name, 2)
Contact lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Nanative on Scope of Services
Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal
violation, or had a contract cancelled due to nqn-performance by any public sector agency?l _] vgs f--l r'ro
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons
that led to action(s).
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.
Gode of Business Ethics. Pursuant to City Resolution N0.2000-23879, 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
Management Department with its 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.
4.
o.
A
7.
25 | RFP 2014-253-YG
53
8.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of
Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of
Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procuremenU.
Living Wage. Punsuant to Section 2408 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:r Commencing with City flscal 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 beneflts rate may, by Resolution of the City Commission be indexed annuallyfor
inflation using the Consumer Price lndex for all Urban Consumers (CPl-U) Miami/Ft. Lauderdale, issued by the U.S.
Department of Labods Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three
percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it
determines it would not be fiscally sound to implement same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, 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 aflidavit document,
Proposer agrees to the living wage requirement.
Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding
competitively solicited contracts valued at over $100,000 whose contractors maintain 5'l or more full lime employees
on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-
3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to
competitive proposals, to provide 'Equal Benefits" to their employees with domestic partners, as they provide to
employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the
City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of
Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach.
A, Does your company provide or offer access to any benefits to employees with spouses or to spouses of
employees?I lves [-_l r,ro
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?
[-_-] vrs [_-l r,ro
Please check all beneflts that apply to your answers above and list in the "othe/' 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
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical
Leave
Bereavement
Leave
9.
B.
26 | RFP 2014-2s3-YG
54
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e,9., 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 Manageds decision is final. Further information on the Equal Benelits 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 lime to time,
states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a proposal, Proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a proposal, Proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit proposals, Proposals, or replies on leases of real property to a public
entjty; 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 Iist.
11. Have you ever failed to complete any work
f-_-] ves
work that the proposer failed to complete?
f_-l vrs
awardedt:]to you? lfso, where and why?
NO
SUBMITTAL REQUIREMENT: lf yes, submit information on projecl, agency, agency contact and reason why
contractor failed to complete work.
12. Has a surety company ever intervened to assist a govemmental agency or other client of the proposer in completing
[_-l r.ro
13.
SUBMITTAL REQUIREMENT: lf yes, submit owner names, addresses and telephone numbers, and surety and project
names, for all projects for which you have performed work, where your surety has intervened to assist in completion of
the prolect, whether or not a claim was made.
Bankruptcy. Has the Proposer filed any bankruptcy petitions (voluntary or involuntary) which have been flled by or
against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years, lnclude in
the description the disposition of each such petition.
l-_l yEs f -l ruo
SUBMITTAL REQUIREMENT; lf yes, list and describe all bankruptcy petitions (voluntary or involuntary) which have
been flled by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5)
years, lnclude in the description the disposition of each such petition,
Litigation History. Has Proposer or any principal or employee of the Proposer (relating to professlonal endeavors
only) been the subject of any claims, arbitrations, administrative hearings and lawsuits brought by or against the
Proposer or its predecessor organization(s) during the last five (5) years.
f-_l vEs f-_-] trto
SUBMITTAL REQUIREMENT: lf yes, list all case names, case, arbitration or hearing identification numbers; the name
of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome oI
the claim.
14.
2? I RFP 2Ot4-253-vG
55
'15.
'16.
Has the Corporation, Oflicers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole
Proprietorship ever been indicted, debaned, disqualified or suspended from performing work for the Federal
Govemment or any State or Local Government or subdivision or agency thereof?[--l ves [--l r'ro
SUBMITTAL REQUIREMENT: lf yes, list the speciflc cases and the charging agency.
Principals. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial
interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the
outstanding capital stock in any corporation or a direct or indirect interest of 1070 or more in a firm. The term "firm" shall
mean any corporation, partnership, business kust or any legal entity other than a natural person.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the
solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive
to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com.
However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to
solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum
released by the City pursuantto this solicitation. Failure to obtain and acknowledge receipt of all addendum may result
in Proposal disqualification.
lnitialto
Confirm
Receipt
lnitial to
Confirm
Receipt
lnitial to
Confirm
Receipt
Addendum 1 Addendum 6 Addendum
11
Addendum 2 Addendum 7 Addendum
12
Addendum 3 Addendum 8 Addendum
13
Addendum 4 Addendum 9 Addendum
14
Addendum 5 Addendum
10
Addendum
15
lf additional coniirmation of addendum is required, submit under separate cover.
Remainder of Page lntentionally Left Blank.
17.
2S I RFP 2014-2s3-YG
56
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 relusing 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.
ln 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 qualificalions 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 lo the Proposal and the applicanl including, wilhout limitation, the applicanfs affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discrelion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is lhe 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 conlent, its accuracy, or its completeness. No wananty 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 selectron 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 rlsk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the markel without notice. lnformation 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 modifled, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuanl 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{he-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records,
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information conlained in the Proposal, and authorizes the release lo the City of any and all information sought in such inquiry or investigation.
Each Proposer certifles that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
informalion, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a flnal 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 thrs Disclosure and Disclaimer which
imposes no liability on the City.
ln lhe 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 solicilation shall be
governed by and construed in accordance with the laws ofthe State of Florida,
2? | RFP 2014-253-YG
57
I hereby certify that l, as an authorized agent of the Proposer, am submitting the following information as my flrm'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 Ouestionnaire and Affidavit are true and accurate
Name of Propose/s Authorized Representative:Title of Proposeis Authorized Representative:
Signature of Propose/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
a corporation, and that the instrument was
signed in behalf of the said corporation by authority of iis board of
directors and acknowledged said instrument to be lts voluntary act
and deed. Before me:
of
30 | RFP 2ot4-253-YG
58
APPEN DIX B
AM BEACH
"No Bid" Form
RFP 201 4-253-YG
DESTGN/BUILD SERVTCES FOR 54"
REDUNDANT SEWER FORCE MAIN
,n
:M
PROCUREMENT DIVISION
I 700 Convention Center Drive
Miomi Beoch, Florido 33139
ot I nre zo14-2s3-Yc
59
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR TND|CATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient 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 producUservice
OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Gompany Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
PROPOSAL #2014-253-YG
1700 Convention Center Drive
MIAMI BEACH, FL 33139
32 I RFP 2O14-2s3-YG
60
APPENDIX C
&
':MIAMIBTACH
Bi,C Bond Form
RFP 2014-253-YG
DESTGN/BUTLD SERVTCES FOR 54"
REDUNDANT SEV/ER FORCE MAIN
PROCUREMENT DIVISION
I 700 Convention Center Drive
Miomi Beoch. Florido 33139
eo I nre 2ot4-2s3-YG
61
MIAMIBEACH
KNOW ALL PERSONS BY THESE
That we,
PRESENTS:
of as PRINCIPAL,
and as SURETY(S),
are hereby held and firmly bound unto the City of Miami Beach, Florida in the penal sum of:
(numerical figure) I (written)
for the payment, whereof, the said PRINCIPAL and SURETY(S) bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
The conditions of this obligation are such that whereas the PRINCIPAL is herewith submitting to
the City of Miami Beach, Florida, hereinafter called the CITY, its sealed proposal for a contract
for:
Design/Build Services For Central Bayshore South
Ri ght-Of-Way I nfrastructure I mprovements
RFP 2014-253-YG
NOW THEREFORE, the conditions of this obligation are such ihat, if said proposal is rejected by
the CITY, or if said proposal is accepted by the CITY and the PRINCIPAL shall enter into a
contract in the form specified by the CITY in accordance with the terms of the proposal and shall
furnish a bond for the faithful performance of said contract in the form specified by the CITY, this
obligation shall be null and void. Otherwise it shall remain in full force and effect.
ln the event that the said proposal is accepted by the CITY and the PRINCIPAL shall fail to enter
into the contract as defined herein or shall fail to furnish the performance bond as noted above
within ten (10) days of the approval of the award, the PRINCIPAL and SURETY(S) agree to forfeit
to the CITY the penal sum herein mentioned, it being understood that the liability of the
SURETY(S) shall in no event exceed the penal sum of this obligation.
IN WRFPESS WHEREOF,
the above bounded parties have executed this instrument under their several seals this
day of 20 . the name
and corporate seal of each party being hereto affixed and these presents duly signed by its
undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
of
ByBy
3{ | RFP 2014-2s3-YG
62
APPENDIX D
g MIAMIBTACH
Cost Tender Form
RFP 201 4-253-YG
DESTGN/BUILD SERVTCES FOR 54"
REDUNDANT SE\VER FORCE MAIN
PROCUREMENT DIVISION
I 700 Convention Center Drive
Miomi Beoch, Florido 33,l39
This Cost Tender Form is to be provided in a sealed
envelope submitted with the Proposal and received bv
the Citv on or before the deadline for receipt of
Proposals.
as I nre 2oi4-2s3-YG
63
APPENDIX D - COST TENDER FORM
Section 1 - Certification. The undersigned, as Proposer, hereby declares that the only
persons interested in this proposal as principal are named herein and that no person other than
herein mentioned has any interest in this proposal or in the Contract to be entered into; that this
proposal is made without connection with any other person, firm, or parties making a proposal;
and that it is, in all respects, made fairly and in good faith without collusion or fraud.
The Proposer further declares that it has examined the site of the Work and informed itself fully
of all conditions pertaining to the place where the Work is to be done; that it has examined the
Contract Documents and all addenda thereto furnished before the opening of the proposals, as
acknowledged below; and that it has satisfied itself about the Work to be performed; and all
other required information with the proposal; and that this proposal is submitted voluntarily and
willingly.
The Proposer agrees, if this proposal is accepted, to contract with the City, a political
subdivision of the State of Florida, pursuant to the terms and conditions of the Contract
Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus,
means of transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
RFP 2014-253-YG
DESIGN/BUILD SERVICES FOR 54'REDUNDANT SEWER FORCE MAIN
The Proposer also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total proposal
price plus alternates, if any, provided in the RFP Price Form in Seclion 00408 and to furnish the
required Certificate(s) of I nsurance.
ln the event of arithmetical errors between the division totals and the total base proposal in the
RFP Price Form, the Proposer agrees that the total base proposal shall govern. ln the event of
a discrepancy between the numerical total base proposal and the written total base proposal,
the written total base proposal shall govern. ln absence of totals submitted for any division cost,
the City shall interpret as no proposal for the division, which may disqualify the Proposer.
Name of Proposeis Aufiorized Representative:Tile of Proposeis Authorized Representative:
Signature of Proposefs Authorized Representafve:Date:
State of FLORIDA On this _day ol _,20_, personally
County of
appeared before me
stated that (s)he
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
is the
My Commission Expires:
64
Section 2 - GUARANTEED MAXIMUM PRICE (GMP) FORM
RFP 20r 4-253-YG
DESIGN/BUILD SERVICES FOR 54" REDUNDANT SEWER FORCE MAIN
ANY LETTERS, ATTAGHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED
PART OF THE PROPOSAL MUST BE SUBMITTED IN DUPLICATE.
WRITTEN TOTAL:
PROPOSER (Print):
ADDRESS:
1 Professional Services
2 General Gonditions
3 Pavement and Streetscape Construction
4 Water and Sewer Construction
5 Stormwater Collection and Disposal Facility Construction
6 Allowance: Permit Fees $50,000.00
7 Gonsideration for lndemnification of City $2s.00
I Gost for compliance to all Federal and State requirements
of the Trench Safetv Act $25.00
Grand Total
(numerical value)
CITY/STATE:ZIP:,
FEDERAL I.D. #:
NAME/TITLE OF REPRESENTATIVE (Print):
SIGNED:
(l certify that I am authorized to execute this proposal and commit the proposing firm)
e7l RFP 2014-253-YG
65
APPENDIX E
g MIAMIBTACH
I nsuronce Req uirements
RFP 2014-253-YG
DESICN/BUtLD SERVTCES FOR 54"
REDUNDANI SEWER FORCE MAIN
PROCUREMENT DIVISION
I 700 Convenfion Cenier Drive
Miomi Beoch, Florido 33139
oa ! nre 2ol4-2s3-YG
66
g MIAAAI BEACH
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the conkactor is required to
maintain throughout the term of he conlract and any renewal periods.
1. Workers' Compensalion and Employer's Liability per the Statutory limits of the state of Florida.
2. Comprehensive General Liability (occurrence form), limits of liability [|!QQQ@Q! per occurrence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Conhactual Liability. Contractual Liability and Contractual lndemnity (Hold harmless endorsement
exaclly as written in "insurance requirements" of specifications).
3. Automobile Liability - $1,000,000 each occunence - owned/non-owned/hired automobiles included.
4. Excess Liability - $_TBD_.00 per occunence to follow the primary coverages.
5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
6. Other Insurance as indicaled:
_ Builders Risk completed value g_ TBD _.00_ Liquor Liability $_ TBD _.00
_ Fire Legal Liability $_ TBD _.00
_ Protection and lndemnity $_ TBD _.00_ Employee Dishonesty Bond $_ TBD _.00
_ Other $_ TBD _.00
7. Thirty (30) days written cancellation notice required.
8. Best's guide rating B+:Vl or better, latest edjtion.
9. The certificate must state the proposal number and title
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.
3? I RFP 2Ot4-253-YG
67
APPENDIX F
&
:MIAM}BEACH
Required Forms
RFP 201 4-253-YG
DESIGN/BUtLD SERVICES FOR 54"
REDUNDANT SEV/ER FORCE MAIN
PROCUREMENT DIVISION
I /00 Convenlion Center Drive
Miomi Beoch, Florido 33139
*o I nre 2o14-2s3-Yc
68
FORM OO52O. SUPPLEMENT TO PROPOSAL TENDER FORM NON-COLLUSION
CERTIFICATE
Submitted this day of
The undersigned, as Proposer, declares that the only persons interested in this proposal
are named herein; that no other person has any interest in this proposal or in the
Contract to which this proposal pertains; that this proposal is made without connection or
arrangement with any other person; and that this proposal is in every respect fair and
made in good faith, without collusion or fraud.
The Proposer agrees if this proposal is accepted, to execute an appropriate City of
Miami Beach document for the purpose of establishing a formal contractual relationship
between the Proposer and the City of Miami Beach, Florida, for the performance of all
requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the
following number: RFP 2014-253-YG.
SlGNATURE
PRINTED NAME
T|TLE (rF CORPORATTON)
20
4l IRFP 2014-2s3-YG
69
FORM OO53O. DRUG FREE WORKPLACE CERTIFICATION
The undersigned Proposer hereby certified that it will provide a drug-free workplace
program by:
(1) Publlshing a statement notifying its employees that the unlaMul manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the offeror's workplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees
about:(i) The dangers of drug abuse in the workplace;(ii) The Proposer's policy of maintaining a drug-free workplace;(iii) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the
statement required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1),
that as a condition of employment on a covered Contract, the employee shall:(i) Abide by the terms of the statement; and(ii) Notify the employer in writing of the employee's conviction under a criminal
drug statute for a violation occurring in the workplace no later than five (5)
calendar days after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or othenruise receiving actual notice of
such conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is
convicted of a drug abuse violation occurring in the workplace:(i) Taking appropriate personnel action against such employee, up to and
including termination; or(ii) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal,
state, or local health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs(1 ) through (6).
SIGNATURE
PRINTED NAME
TITLE (rF CORPORATTON)
42 | RFP 2Ot4-2s3-YG
70
FORM OO54O. SUPPLEMENT TO PROPOSAL TENDER FORM TRENCH SAFETY
ACT
On October 1 , 1990 House Bill 3181 , known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised
excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Proposer, by virtue of the signature below, affirms that the Proposer is aware of this
Act, and will comply with all applicable trench safety standards. Such assurance shall be
legally binding on all persons employed by the Proposer and subcontractors.
The Proposer is also obligated to identify the anticipated method and cost of compliance
with the applicable trench safety standards.
PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE
PROPOSAL AND IN THE TOTAL PROPOSAL PRICE ARE COSTS FOR COMPLYING
WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF
THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID
SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH PROPOSAL ITEMS IN
THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK.
The Proposer further identified the costs and methods summarized below:
SIGNATURE
PRINTED NAME
TITLE (rF CORPORATTON)
Description Quantity U/M Unit Price Extended
Price
Total
(Attach lines as necessarv.)
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71
APPENDIX G
g MIAMIBEACH
Somple Controct
RFP 201 4-253-YG
DESTGN/BUILD SERVTCES FOR 54"
REDUNDANT SE\^/ER FORCE MAIN
PROCUREMENT DIVISION
I 700 Convention Center Drive
Miomi Beoch, Florido 33,l39
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72
NOTE: THE FOLLOWING AGREEMENT lS INCLUDED lN THIS RFP FOR EXAMPLE
PURPOSES ONLY. THE CITY RESERVES THE RIGHT OT NEGOTIATE, ANY OR ALL
TERMS AND GONDITIONS HEREIN, INCLUDING, WITHOUT LIMITATION, THE !NCLUSION
OF ADDITIONAL TERMS AND CONDITIONS.
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and
'lor
DESIGN/BUILD SERVICES
FOR
This is an Agreement (the "Agreement") between the CITY OF MIAMI BEACH, FLORIDA, a not
for profit corporation of the State of Florida, its successors and assigns, hereinafter referred to
as "ClTY."
AND
its successors and assigns, hereinafter referred to as "DESIGN/BUILD FlRM."
WRFPESSETH, in consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set fo(h, CITY and DESIGN/BUILD FIRM agree as follows:
ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and provisions
which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true
and correct and are agreed upon by the parties.
Whenever the following terms or pronouns in place of them appear in this Agreement the intent
and meaning shall be interpreted as follows:
1.00 Applicable Laws: All federal, state, county, and local statutes, codes, laws, rules,
regulations, ordinances, orders and standards applicable to the Project and any other such law
hereafter enacted, and any rules adopted pursuant thereto, as all such laws may be amended
from time to time to perform the Work
1.01 Change Order: To the extent permitted under this Agreement, a fully executed written
documenl authorizing a change in the Contract Price or Contract Time or a material change in
the Work.
1.02 City: The CITY (or Owner) shall mean the City of Miami Beach, a Florida municipal
corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida
73
33139, which is a party hereto and/or for which this Contract is to be performed. ln all respects
hereunder, CITY's performance is pursuant to CITY's position as the owner of a construction
project. ln the event CITY exercises its regulatory authority as a governmental body, the
exercise of such regulatory authority and the enforcement of any rules, regulations, laws and
ordinances shall be deemed to have occurred pursuant to CITY's regulatory authority as a
governmental body and shall not be attributable in any manner to CITY as a party to this
Contract.
1.03 City Commission: City Commission shall mean the governing and legislative body of the
CITY.
1.04 City Manager: City Manager shall mean the Chief Administrative Officer of the CITY.
1.05 Construction Documents Phase: The phase in which DESIGN/BUILD FIRM will consult
with the Contract Administrator and prepare the Construction Documents for the Project, based
upon the DCP, for review and approval of the CITY (including, without limitation, any and all
applicable CITY departments) and any applicable regulatory agencies.
1.06 Construction Manager: The Construction Manager is the authorized individual or firm
which is the representative of DESIGN/BUILD FIRM who will administer/manage the
construction effort on behalf of the DESIGN/BUILD FIRM.
1.07 Construction Manager Representative: An authorized representative of Construction
Manager assigned to the Project site to perform those services detailed in Article 17.
1.08 Construction Phase. The phase of services which constitutes DESIGN/BUILD FIRM's
administration of the construction of the Project and all activities necessary for the completion of
the Project.
1.09 Consultant: The registered architect, professional engineer, professional land surveyor,
civil engineer, architect and/or registered landscape architect who has contracted with or who is
employed by DESIGN/BUILD FIRM to provide professional services for the design of the Project
and who is licensed by the State of Florida to provide said services
1.10 Contract: This Agreement and all addenda, exhibits and amendments thereto between
the CITY and the DESIGN/BUILD FIRM for this Project, all as defined herein. Contract shall
also mean the same as Agreement.
1.11 Contract Administrator: The CITY's Capital lmprovement Projects Office Director, or his
designee, shall be designated as the Contract Administrator for matters concerning the
Agreement.
1.12 Contract Documents: This Agreement, as approved by the Mayor and City Commission,
pursuant to and subject to the conditions of City Resolution No. 2013-xxxxx, and executed by
the Mayor and City Clerk, and any addendums, exhibits or amendments thereto; Change
Orders; the performance bond and payment bonds; the DCP; the Construction Documents,
including but not limited to, Plans and Specifications (as approved and permitted) as prepared
by the DESIGNiBUILD FIRM in general accordance with the DCP, computerized Critical Path
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Method (CPM) Project Schedule and Schedule of Values; and any additional documents the
submission of which is required by this Agreement. When reference is made in the Contract
Documents to publications, standards or codes issued by associations or societies, the intent
shall be to specify the current or adopted edition of such publication or standard including
revision and effect on the date of the issuance of all applicable permits.
1.13 Contract Time: The original time between Project commencement and Project
completion, including any milestone dates thereof, established in Article 6 of the Contract, as
may be amended by Change Order.
1.14 Contract Price: The Guaranteed Maximum Price agreed to between DESIGN/BUILD
FIRM and the CITY. The Contract Price is not subject to increase, except as expressly allowed
within the Contract Documents.
1.15Design/BuildFirm:-,itssuccessorsandassigns,istheDESlGN/BUlLD
FIRM selected to perform the Work pursuant to this Agreement, and is the person, firm or
corporation liable for the acceptable performance of, and payment of all legal debts pertaining
to, the Project. All references in the Contract Documents to third parties under contract or
control of DESIGN/BUILD FIRM shall be deemed to be a reference to DESIGN/BUILD FIRM.
The DESIGN/BUILD FIRM will be responsible for the provision, installation, and performance of
all equipment, materials, and services offered. The DESIGN/BUILD FIRM is in no way relieved
of the responsibility for the performance of all equipment furnished.
1.16 Design Criteria Package (DCP): DCP shall mean those certain conceptual plans and
specifications and performance oriented drawings or specifications of the Project, as prepared
and sealed by the Design Criteria Professional, and in compliance with the requirements of
Section 287.055, Florida Statutes.
1.17 Design Criteria Professional: Design Criteria Professional shall mean the individual or
entity who/which holds a current certificate as a regislered engineer under Chapter 471 to
practice engineering and who is employed by or retained by the CITY to provide professional
services in compliance with the requirements of Section 287.055, Florida Statutes, and in
connection with the preparation of the DCP; who shall review and provide recommendations
regarding the Construction Documents prepared by the DESIGN/BUILD FIRM for the Project;
and evaluate compliance of Prolect construction with the DCP.
'l .18 Field Order: A written order issued by the Contract Administrator or Project Manager
which orders minor changes in the Project but which does not involve a change in the Contract
Price or Contract Time or a material change in the Work.
1.19 Final Completion: The date certified by the Project Manager or the Design Criteria
Professional that all conditions of the permits and regulatory agencies have been met; all
construction, including corrective and punch list work, has been performed; all administrative
requirements of the Contract Documents have been completed; and CITY has received from
DESIGN/BUILD FIRM all necessary documentation, as deemed by the CITY, including but not
limited to the following: all final releases of liens, consent of surety, release of claims by
DESIGN/BUILD FIRM, corrected as-built drawings, a final bill of materials, executed final
adjusting Change Order, final invoice, "before and after" electronic DVD's (including, without
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limitation, electronic DVD's of stormwater lines and outfalls within the Project limits), copies of
pertinent test results, correspondence, warranties, guarantees, operational manuals, spare
parts, service contracts and tools.
1.2O IntentionallyDeleted].
1.21 Contractor:, its successors and assigns (the DESIGN-BUILD FIRM) shall
also be the general contractor which shall perform the Work pursuant to this Agreement.
1.22 Hazardous Materials: As used in this Contract the term "Hazardous Materials" means
any chemical, compound, material, substance or other matter that:
(a) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine,
bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious
material, whether injurious or polentially injurious by itself or in combination with
other materials;
(b) is controlled, referred to, designated in or governed by any Hazardous Materials
Laws;
(c) gives rise to any reporting, notice or publication requirements under any
Hazardous Materials Laws, or
(d) is any other material or subslance giving rise to any liability, responsibility or duty
upon the CITY with respect to any third person under any Hazardous Materials
Law.
1.23 Hazardous Materials Laws: As used in this Contract, the term "Hazardous Materials'
Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders,
regulations or court decisions (including the so called "common law"), including without limitation
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. 559601 et seq.), the Hazardous Materials Transportation Act, as amended
(49 U.S.C. SS1801 et seq.), and the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 556901 et seq.), relating to hazardous substances, hazardous materials,
hazardous waste, toxic substances, environmental conditions on, under or about the Premises,
soil and ground water conditions or other similar substances or conditions.
1.24 Material(s): Material(s) incorporated in this Project or used or consumed in the
performance of the Work.
1,25 GUARANTEED MAXIMUM PRICE: THE MUTUALLY AGREED UPON CONTRACT
PRICE TO BE PAID TO THE DESIGN/BUILD FIRM, AND THAT THE DESIGN / BUILD FIRM
GUARANTEES NOT TO EXCEED, FOR ALL LABOR, EQUIPMENT, AND MATERIALS TO
DESIGN, PERMIT, ADMINISTER, COORDINATE, INSPECT, CONSTRUCT, AND INSTALL
THE PROJECT WTHIN THE GONTRACT TIME. THE GUARANTEED MAXIMUM PRICE IS
NOT SUBJECT TO INCREASE, EXCEPT AS EXPRESSLY ALLOWED WITHIN THE
CONTRACT DOCUMENTS.
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1.26 Notice-to-Proceed: A written document issued by the Contract Administrator informing
the DESIGN/BUILD FIRM to officially begin the Project.
1.27 Plans and Specifications: The official graphic and descriptive representations of the
Project which, upon written approval of CITY, shall become a pa( of the Contract Documents.
1.28 Project: The DESIGN/BUILD FIRM will be responsible for the design, construction and
construction management of the water main, storm water collection/disposal, electrical,
curbigutter, sidewalk, hardscape, and roadway reconstruction for DESIGN/BUILD SERVICES
FOR 54' REDUNDANT SEWER FORCE MAIN project. The Project limits consist of work within
the boundaries defined by W 28th Street to the south, Prairie Avenue to the west, Sheridan
Avenue to the east and W. 34th Street to the north, as well as North Meridian Avenue between
W. 28th Street and Dade Boulevard. A DCP has been prepared by the Design Criteria
Professional and includes and/or references in such DCP, as the case may be, conceptual
construction drawings and technical specifications for the civil engineering and electrical
engineering disciplines. The DESIGN/BUILD FIRM shall obtain all necessary permits for the
construction of the Project including, but not limited to, the following: Miami-Dade Department of
Health, Miami-Dade Department of Environmental Resources Management, Florida Department
of Environmental Protection, South Florida Water Management District, Army Corps of
Engineers, and the CITY's regulatory departments (i.e. Public Works, Fire, Building, etc.).
1.29 Project Manager: An authorized representative of CITY, who may be a CITY employee
or a Resident Project Representative assigned to the Project by the CITY, assigned to make
necessary observations of materials furnished by DESIGN/BUILD FIRM and of the Work
performed by DESIGN/BUILD FIRM as detailed in Subsection 5.06.
1.30 Shop Drawings: Drawings, diagrams and schedules, and other data specially prepared
by the DESIGN/BUILD FIRM or its Subcontractors, sub-Subcontractors, manufacturer, supplier
or distributor to illustrate some portion of the Work.
1.31 Subconsultant: The person or entity who is a registered architect, professional engineer,
professional land surveyor, and/or registered landscape architect having a contract with
Consultant to provide professional services for the design of the Project and who is licensed by
the State of Florida to provide said services.
1.32 Subcontractor: The person or entity having a direct contract with DESIGNiBUILD FIRM
including one who furnishes material worked to a special design according to the Contract
Documents for this Project, bul does not include one who merely furnishes materials not so
worked.
1.33 Substantial Completion: Subject to the requirements of Article 41 , the date(s) certified
by the Contract Administrator that all conditions of the permits and regulatory agencies have
been met for the CITY's intended use of the Project, and all construction has been performed
therein in accordance with the Contract Documents so CITY can fully occupy or utilize, as
opposed to partially occupy or utilize, the Project for its intended purpose. At a minimum, a
Certificate of Substantial Completion is one of the requirements for Substantial Completion.
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1.34 Surety: The suretycompanyor individual which is bound bythe performance bond and
payment bonds with and for DESIGN/BUILD FIRM who is primarily liable and which surety
company or individual is responsible for DESIGN/BUILD FIRM's acceptable performance of the
Work under the Contract and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.35 Utilities: The public or private systems on the Project site for rendering electrical power,
light, heat, gas, water, communication, sewage systems, and the like.
1.36 Work: The completed construction required by the Contract Documents, as permitted,
including all labor necessary to produce such construction, and all materials and equipment
incorporated or to be incorporated in such construction.
ARTICLE 2 GENERAL PROVISIONS
2.01 Generallv: DESIGN/BUILD FIRM hereby agrees to furnish all of the labor, Materials,
equipment, Work, services, and incidentals necessary to perform all of the Work described in
the Contract Documents, and related thereto for the Project, for the Guaranteed Maximum
Price.
2.02 Relationship of CITY and DESIGN/BUILD FIRM: The DESIGN/BUILD FIRM accepts the
relationship of trust and confidence established between it and the CITY by this Agreement.
The DESIGN/BUILD FIRM represents that it will furnish its best skill and judgment in performing
the Work, and shall always act to further the interest of the CITY in the expeditious completion
of the Project at the lowest cost to the CITY, and in strict accordance with the Contract
Documents and prudent and customary construction practices.
By signing this Contract, the DESIGN/BUILD FIRM accepts a fiduciary duty with the CITY and
warrants and represents to the CITY that the DESIGN/BUILD FIRM: (a) has all licenses and
certifications required by Applicable Laws; (b) is experienced in all aspects of pre-construction
and construction planning for projects similar to the Project; (c) will act in the CITY'S highest
and best interests in pedorming the Work; and (d) that no employee or affiliate of the
DESIGN/BUILD FIRM, including all Subconsultants, Subcontractors, and suppliers, at any tier,
has been convicted of a public entity crime, fraud, theft and/or a property damage crime within
the preceding thirty-six (36) months from the time this Contract is executed, pursuant to Section
287.133, Florida Statutes.
2.O3 lntention of CITY: lt is the intent of CITY to describe in this Agreement and the DCP a
functionally complete Project to be designed and constructed in accordance with the Contract
Documents, for the Guaranteed Maximum Price, and in accordance to all Applicable Laws
governing construction of the Prolect. Any Work, services, Materials, or equipment that may
reasonably be inferred from the Agreement and the DCP as being required to produce the
intended result shall be supplied by DESIGN/BUILD FIRM whether or not specifically called for.
When words which have a well-known technical or trade meaning are used to describe Work,
materials or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals, or codes of any technical society, organization
or associations, or to the laws or regulations of any governmental authority, whether such
reference is specific or by implication, shall mean the latest standard specification, manual,
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code or laws or regulations in effect at the time of issuance of all applicable permits. lf a conflict
exists between two or more referenced standards, the most stringent shall apply. The CITY
shall have no duties other than those duties and obligations expressly set forth within the
Agreement and the DCP.
2.04 PreliminaryMatters:
2.04.01 Within five (5) calendar days prior to the project initiation meeting
described in Subsection 2.04.02, DESIGN/BUILD FIRM shall submit the following to
Project Manager, for Project Manager's review and approval:
2.04.01.01 A CPM Project "Base Line" Schedule, one (1) copy on a
CD, and one (1) hard copy (activities arranged in "waterfall"), in the
indicated form for final review and approval:
( ) Bar Chart
( ) Modified CPMo cPM(X) Computerized CPM using the latest edition of the Primavera
softlvare
(CPM shall be interpreted to be generally as outlined in the Association of
General Contractors (AGC) publication, "The Use of CPM in
Construction.")
DESIGN/BUILD FIRM shall provide a preliminary man loaded, logic
based CPM Project "Base Line" Schedule using "Early Start" and "Early
Finish" dates for each activity. The DESIGN/BUILD FIRM shall include, in
addition to normal work activity input, input that encompasses all
submittal approvals; delivery durations for important materials and/or
equipment; logic relationships of activities, including physical and site
restraints; and shall clearly identify the Project's critical path. This input
shall be precedence based CPM scheduling using the most recent
version of Primavera software. DESIGN/BUILD FIRM shall provide
Proiect Manaqer with a copy of the software.
The preliminary CPM Project "Base Line" Schedule, when submitted,
shall have attached a program-generated error report stating that no
errors exist in the schedule.
DESIGN/BUILD FIRM shall submit monthly, with each requisition for
payment, an update of the CPM Project Schedule (with a program-
generated error report stating that no errors exist in the schedule and that
does not revise the CPM Project "Base Line" Schedule's Substantial
Completion or Final Completion date) showing the progress for the
month. DESIGN/BUILD FIRM SHALL SUBMIT ONE HARD COPY AND
ONE ELECTRONIC COPY. ln addition to the CPM Project "Base Line"
Schedule, DESIGN/BUILD FIRM shall include a narrative report of the
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month's progress, an explanation of any delays and or additions/deletions
to activities.
It is stronqlv recommended that DESIGNiBUILD FIRM hire a seasoned
professional, in the use of Primavera. to develop and update the
Primavera CPM Proiect "Base Line" Schedule.
DESIGN/BUILD FIRM shall attend weekly progress meetings and provide
an updated (3) week look ahead schedule for review and discussion and,
monthly, be prepared to discuss any:
1) Proposed changes to the CPM Project "Base Line" Schedule
logic;
2) Explain and provide a narrative for reasons why logic changes
should be made;
3) Update to individual subcontractor activities; and
4) lntegration of changes into the schedule.
The CPM Project "Base Line" Schedule shall be the basis of the
DESIGN/BUILD FIRM's Work and shall be complied with in all respects.
lf the DESIGN/BUILD FIRM's Work becomes more than (30) days behind
schedule DESIGN/BUILD FIRM shall be required to submit a "Make-Up"
schedule to Project Manager, for review and approval, that demonstrates
"Catch Up" within thi(y (30) days. DESIGN/BUILD FIRM shall provide, at
DESIGN/BUILD FIRM's sole expense, the necessary additional labor and
or equipment necessary to make-up the lost time. Failure to provide a
"Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be
reason to default DESIGN/BUILD FIRM.
2.04.01.02 After award, but prior to the submission of the final CPM
Project "Base Line" Schedule, Project Manager, Contract Administrator
and DESIGN/BUILD FIRM shall meet with all utility owners and secure
from them a schedule of utility relocation; provided, however, that CITY
shall not be responsible for non-performance by the utility owners.
2.04.01.03 A preliminary schedule of Shop Drawing submissions; and
2.04.01.04 A preliminary Schedule of Values for all of the Work which
will include quantities and prices of items aggregating the Contract Price
and will subdivide the Work into component parts in sufficient detail to
serve as the basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and profit
applicable to each item of work which will be confirmed in writing by
DESIGN/BUILD FIRM at the time of submission.
2.04.02 At a time specified by Project Manager, but before DESIGN/BUILD FIRM
commences the Work at the Project site, a conference attended by DESIGN/BUILD
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FIRM, Project Manager and others, as deemed appropriate by Contract Administrator,
will be held to discuss the schedules referred lo in Subsection 2.04.01; to discuss
procedures for handling Shop Drawings and other submittals; for processing requisitions
for payment; and to establish a working understanding among the parties as to the
Work.
2.04.03 Within ten (10) Calendar days after the Project lnitiation Date (as set forth
in the first Notice-to-Proceed), a conference attended by DESIGN/BUILD FIRM, Project
Manager and others, as deemed appropriate by Contract Administrator, will be held to
finalize the schedules submitted in accordance with Subsection 2.04.01. Within twenty
(20) days after the Project lnitiation Date (as set forth in the first Notice-to-Proceed), the
DESIGN/BUILD FIRM shall revise the original schedule submittal to address all review
comments from the CPM review conference and resubmit for Project Manager review.
The finalized CPM Project "Base Line" Schedule will be accepted by Project Manager
only as providing an orderly progression of the Work to completion within the Contract
Time, but such acceptance shall not constitute acceptance by CITY of the means or
methods of construction or of the sequencing or scheduling of the Work, and such
acceptance will not impose on the CITY responsibility for the progress or scheduling of
the Work, nor relieve DESIGNiBUILD FIRM from full responsibility therefore. The
finalized schedule of Shop Drawing submissions must be acceptable to Prolect Manager
as providing a workable arrangement for processing the submissions. The finalized
Schedule of Values pursuant to Subsection 2.04.01.03 above must be acceptable to
Project Manager as to form and substance.
2.05 The DESIGNiBUILD FIRM agrees that the Work shall be performed in a good and
professional manner, free from defects in Materials and workmanship, conflicts, and that all
Materials shall be new and approved by and acceptable to the Prolect Manager and Contract
Administrator, except as othenvise expressly provided for in the Contract Documents. The
DESIGN/BUILD FIRM shall cause all Materials and other parts of the Work to be readily
available as and when required or needed for or in connection with the construction, furnishing
and equipping of the Project improvements.
ARTICLE 3 INTENTION OF AGREEMENT
It is the intent of the Agreement and the DCP to describe a functionally complete Project to be
designed and constructed by the DESIGNiBUILD FIRM in accordance with the Contract
Documents and for the Guaranteed Maximum Price. Any Work, Materials, services or
equipment that may reasonably be inferred from the Contract Documents, as being required to
produce the intended result will be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe Work, Materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to
Applicable Laws including, without limitation, reference to standard specifications, manuals or
codes of any technical society, organization or association, or to laws or regulations of any
governmental authority, whether such reference be specific or by implication, shall mean the
standard specification, manual, code, laws or regulations in effect at the time of issuance of all
applicable permits. Applicable Laws that may be changed after a permit is issued may result in
additional compensation should additional Work or services be required on behalf of the
DESIGN/BUILD FIRM.
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ARTICLE 4 CONTRACT DOCUMENTS
4.O1 The Contract Documents shall be followed as to Work, Materials, and dimensions except
when the Contract Administrator may authorize, in his/her sole discretion, and in writing, an
exception.
4.02 Dimensions given in figures are to hold preference over scaled measurements from the
drawings; however, all discrepancies shall be decided upon by the Consultant, with concurrent
written notice to Contract Administrator and Project Manager. DESIGN/BUILD FIRM shall not
proceed when in doubt as to any dimension or measurement but shall seek clarification from the
Consultant, with concurrent written notice to Contract Administrator and Project Manager.
4.03 DESIGN/BUILD FIRM shall maintain four (4) copies of the Contract Documents; two (2)
of which shall be preserved and always kept accessible at the site for the Contract
Administrator, Project Manager, and/or their authorized represenlatives.
4.O4 This Contract incorporates by reference the Contract Documents defined in Subsection
1.12. The following documents listed in Subsection 1.12 have the following order of
precedence, beginning with the most important:
1. This Agreement (Contract) and all exhibits, addendums, and amendments thereto;2. Change Orders (to the extent permitted under this Agreement);3. The Specifications (approved and permitted);
4. The Plans (approved and permitted);
5. The DCP;6. CPM Project Schedule and Schedule of Values.
ARTICLE 5 SGOPE OF WORK
5.01 DESIGN/BUILD FIRM hereby agrees to complete the Project generally described by the
DCP, including furnishing all preliminary study designs, drawings and specifications, job site
inspection, administration of construction, engineering, architecture, landscape architecture, and
land surveying services, labor, malerials, equipment and other services necessary to perform all
of the Work described in the Contract Documents, to be prepared by the DESIGNiBUILD FIRM,
including drawings and addenda thereto for the construction of the Project, to be constructed in
accordance with the requirements and provisions of said Contract Documents and for the
Guaranteed Maximum Price.
5.02 DESIGN/BUILD FIRM agrees to meet with Contract Administrator and/or Project
Manager or their designees at reasonable times and with reasonable notice.
5.03 Prior to the Final Completion of construction services under this Agreement, and as a
condition precedent to final payment, there shall be established a record set of Plans and
Specifications, on CD Rom, non-compressed, formatted in the latest version of AutoCAD, which
shall bear the approvals of DESIGN/BUILD FIRM and Contract Administrator. Such approval
shall be indicated by the written signature of both parties. ln addition, prior to the
commencement of construction services under this Agreement, DESIGN/BUILD FIRM shall
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submit to the Contract Administrator a CPM Project "Base Line" Schedule, and such other items
as required in Subsection 2.04.03, for the planning and execution of the Construction Phase of
the Project, for prior written approval by Project Manager.
5.04 DESIGN/BUILD FIRM herein represents that Construction Manager, at a minimum, will
provide the following services:
5.04.01 At least thirty (30) days prior to the commencement of the Construction
Phase of the Project, the DESIGN/BUILD FIRM will identify and provide the
qualifications of a suitably qualified and experienced Construction Manager who will be
full time, on site at the Pro.1ect.
5.04.02 DESIGN/BUILD FIRM will use reasonable efforts to have the same
Construction Manager on the Project full time to its conclusion, and any new
representative will first be approved in writing by Contract Administrator before
permanent assignment. Approval shall not be unreasonably withheld.
5.04.03 The Construction Manager will conduct weekly on-site meetings with the
Contractor and its Subcontractors at regular times, as previously agreed upon and
approved by the Project Manager, and shall issue weekly reports on the progress of the
Work and the minutes of the previous meeting.
5.04.04 Construction Manager will administer the Contractor's Work.
5.04.05 The Construction Manager shall maintain and monitor the CPM Project
Schedule, subject to Project Manager's prior written approval, and implement updates as
required.
5.04.06 The Construction Manager shall coordinate the processing of shop
drawings and material submittals.
5.04.07 The Construction Manager will endeavor to achieve satisfactory
performance by Contractor and, if required, will require corrections to Contractor's Work
including, but not limited to, maintaining punch lists and observing testing.
5.04.08 The Construction Manager will monitor the cost of the Project, including
payment applications and the preparation thereof.
5.04.09 The Construction Manager will assist in the preparation of record
drawings, and shall transmit to the Consultant requests for additional information
concerning the design. ln addition, the Project Manager shall be copied on these
requests for monitoring purposes.
5.04.10 The Construction Manager will observe testing and start-up activities of
machinery and utilities.
5.04.11 The Construction Manager will secure all equipment brochures and
warranties from the Contractor.
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5.04.12 The Construction Manager will coordinate the correction and completion
of the Work including that required by the punch list.
5.05 DESIGN/BUILD FIRM herein represents that Consultant, at a minimum, will
provide the following services:
5.05.01 Consultant shall perform all of the architectural and engineering services
necessary to describe, detail and design the Project in accordance with the Contract
Documents.
5.05.02 Consultant shall design the Project so as to comply with Applicable Laws.
5.05.03 Consultant shall prepare the Plans and Specifications, as well as obtain
all required and necessary reviews and approvals (or take other appropriate action
upon) for same, and/or other submittals including, but not limited to, shop drawings,
product data, and samples.
Consultant shall also submit the Plans and Specifications to the Design Criteria
Professional, with a copy to Contract Administrator, for his/her review and written
approval. Design Criteria Professional shall expeditiously review and approve the Plans
and Specifications in accordance with the accepted Project Schedule. Design Criteria
Professional's approval of the Plans and Specifications shall not constilute acceptance
of any design work which does not comply with Applicable Laws, the DCP, and/or with
the terms of this Contract. Except as provided in, and to the extent limited by, the
preceding sentence, the approval of the Plans and Specifications by the Design Criteria
Professional, shall constitute a representation by the Design Criteria Professional that
the Project, if constructed as required by the Contract Documents, will be sufficient for its
purposes. The Plans and Specifications shall include technical drawings, schedules,
diagrams, and specifications setting forth in detail the requirements for construction of
the Prolect; provide information necessaryfor the use of Contractor, Subcontractors, and
those in the building trade; and include documents necessary for regulatory agency and
other governmental approvals.
5.05.04 Consultant shall prepare construction change directives, if necessary, at
no additional cost to CITY, and authorize minor changes in the Work, as provided in the
Contract Documents.
5.05.05 Consultant shall receive and review for compliance with the Contract
Documents all written warranties and related documents required hereby to be
assembled upon Substantial Completion and issue Applications for Payment performed
in compliance with the requirements of the Contract Documents;
5.05.06 The approved and permitted Plans and Specifications, shall constitute a
representation by Consultant to CITY that the Project, if constructed as required by the
Contract Documents, will be sufficient for its purposes. The Plans and Specifications
shall include technical drawings, schedules, diagrams, and specifications setting forth in
detail the requirements for construction of the Project; provide information necessary for
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the use of Contractor, Subcontractors, and those in the building trade; and include
documents necessary for regulatory agency and other governmental approvals.
5.06 Pro.lect Manager will provide the following services:
5.06.01 The Project Manager shall review Applications for Payment and
coordinate the processing thereof with the CITY.
s.06.02 The Project Manager shall monitor the schedule(s).
5.06.03 The Project Manager shall track, log and review all required Project
related documents and subsequently address any and all concerns with DESIGN /
BUILD FIRM.
5.06.04 The Project Manager shall review and observe the Work and testing
thereof for general conformance and compliance with the intent of the DCP.
5.06.05 The Project Manager shall attend all required meetings and maintain
and distribute meeting minutes, with the exception of weekly construction progress
meetings as noted in 5.04.03.
5.06.06 At all times the Project Manager will act as liaison between the parties to
this Agreement, and Contract Administrator.
ARTICLE 6 COMPLETION DATE
6.01 Time is of the essence for the DESIGN/BUILD FIRM'S performance of the Work
pursuant to this Contract. The DESIGN/BUILD FIRM agrees to complete the Work in
accordance with the accepted CPM Project Schedule and to achieve Substantial Completion of
the Work, in accordance with this Contract, and within the Contract Time. DESIGNiBUILD
FIRM acknowledges that failure to achieve Substantial Completion will result in substantial
damages to the CITY, such as loss of beneficial use and/or occupancy of the Prolect.
Completion of the Work shall be achieved no later than thirty (30) calendar days after issuance
of a Certificate of Substantial Completion by the Contract Administrator.
6.02 DESIGN/BUILD FIRM shall be instructed to commence the Work by written instructions
in the form of a Purchase Order issued by the CITY's Procurement Director, and Notices-to-
Proceed issued by the Contract Administrator. As contemplated in subsection 6.02.01 hereof,
and following the issuance of the first Notice-to-Proceed, the City's MAY issue multiple Notices-
to-Proceed for the construction phase of this Contract. DESIGN/BUILD FIRM shall commence
scheduling activities, permit applications, and other preconstruction work within five (5) calendar
days after the Project lnitiation Date, which shall be the same as the date of the first Notice-to-
Proceed. The first Notice-to-Proceed and Purchase Order will not be issued until
DESIGN/BUILD FIRM'S submission to CITY of all required documents and after execution of
the Contract by both parties.
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6.02.01 The CITY may issue phased (i.e. multiple) Notices to Proceed for the construction
phase based on the receipt of permits from the respective regulatory agencies. The
receipt of all necessary permits by DESIGN/BUILD FIRM and review, approval, and
acceptance of the CPM Project Schedule by CITY, in accordance with the technical
specifications, submittal schedule, and Schedule of Values, is a condition precedent
to the issuance of any subsequent Notices-to-Proceed to mobilize on the Project site
and commence with physical construction work. DESIGN/BUILD FIRM shall bear
the responsibility for all re-work, including design and permitting costs, should the
respective regulatory agencies require. Contractor shall submit all necessary
documents required by this provision within twenty-one (21) calendar days of the
issuance of the first Notice{o-Proceed.
6.02.02 The DESIGN / BUILD FIRM shall complete the design and permitting phase within
180 calendar days of the Notice-to-Proceed No. 1.
6.02.03 The DESIGN / BUILD FIRM shall substantially complete the construction phase within
330 calendar days from the first issuance of a Notice-to-Proceed No. 2.
6.03 TIME IS OF THE ESSENCE THROUGHOUT THIS CONTRACT. THE WORK SHALL
BE SUBSTANTIALLY COMPLETED WTTHTN TWO HUNDRED AND FORTY (240)
CALENDAR DAYS FROM THE DATE SPECIFIED IN THE FIRST NOTICE-TO-PROCEED
(t.E. wtTHtN TWO HUNDRED AND FORTY 240) CALENDAR DAYS FROM THE PROJECT
lNlTlATloN DATE), AND COMPLETED AND READY FOR FINAL PAYMENT rN
AGCORDANCE WTH ARTTCLE 8, WTTHTN THTRTY (30) GALENDAR DAYS FROM THE
DATE CERTIFIED BY CONTRACT ADMINISTRATOR AS THE DATE OF SUBSTANTIAL
COMPLETION.
6.04 Upon failure of DESIGN/BUILD FIRM to substantially complete the entire Contract within
the total specified period of time, plus approved time extensions, DESIGN/BUILD FIRM shall
pay to CITY the sum of Three Thousand Five Hundred and 00/100 Dollars ($ 3,500.00) for each
calendar day after the time specified in Article 6 (plus any approved time extensions) for
Substantial Completion on the entire Project. After Substantial Completion, should
DESIGNiBUILD FIRM fail to complete the remaining Work within ten (10) calendar days after
said sixty (60) calendar day period for completion and readiness for final payment,
DESIGNiBUILD FIRM shall pay to CITY the sum of One Thousand Four Hundred and 00/100
Dollars ($ 1,400.00) for each calendar day after said ten (10) calendar day period, for
completion and readiness for final payment. The time frame for liquidated damages shall not
commence and thus shall not be tolled until the Contract Administrator submits the punch list to
the DESIGN/BUILD FIRM. These amounts are not penalties but are liquidated damages to
CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of
precisely ascertaining the amount of damages that will be sustained by CITY as a consequence
of such delay, and both pa(ies desiring to obviate any question of dispute concerning the
amount of said damages and the cost and effect of the failure of DESIGN/BUILD FIRM to
complete the Contract on time.
6.05 CITY is authorized to deduct liquidated damages from monies withheld due to
DESIGN/BUILD FIRM for the Work under this Contract or as much thereof as CITY may, in its
sole discretion, deem just and reasonable. The CITY shall first deduct the liquidated damages
from the monies referenced in Subsection 8.02.
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6.06 DESIGN/BUILD FIRM shall be responsible for reimbursing CITY, in addition to liquidated
damages, for all costs incurred by Project Manager in administering the construction of the
Project beyond the completion date specified above. All such costs shall be deducted from the
monies due DESIGN/BUILD FIRM for performance of Work under this Contract by means of
unilateral credit Change Orders issued by CITY as costs are incurred by Project Manager and
agreed to by Contract Administrator.
ARTIGLE 7 DESIGN/BUILD FIRM'S RESPONSIBILITY
7.01 The parties acknowledge and agree that the DESIGN/BUILD FIRM will be responsible
for the design, construction and construction management of the water main, storm water
collection/ disposal, hardscape, electrical, curbigutter, sidewalk, and road reconstruction scope
of work for the 54" REDUNDANT SEWER FORCE MAIN project. The DCP has been prepared
by the Design Criteria Professional and includes (or references therein as the case may be)
conceptual construction drawings and technical specifications for the civil engineering and
electrical engineering disciplines. The DESIGN/BUILD FIRM shall obtain all necessary permits
for the construction of the Project including but not limited to the following: Miami-Dade
Department of Health, Miami-Dade Department of Environmental Resources Management,
Florida Department of Environmental Protection, South Florida Water Management District,
Army Corps of Engineers, and the CITY's regulatory departments (ie. Public Works, Fire,
Building, etc.).
7.02 DESIGN/BUILD FIRM shall be fully responsible for applying for and securing all permits
and approvals from all governmental authorities having jurisdiction over the Project. All permits
and licenses required by federal, state or local laws, rules and regulations necessary for the
prosecution of the Project by DESIGN/BUILD FIRM pursuant to this Agreement shall be
secured and paid for by DESIGN/BUILD FIRM. lt is DESIGN/BUILD FIRM'S responsibility to
have and maintain appropriate certificate(s) of competency, valid for the Work to be performed
and for all persons working on the Project for whom a certificate of competency is required.
7.03 DESIGN/BUILD FIRM shall be fully responsible for the actions of all its agents, servants,
employees including, but not limited to: the Contractor, Consultant, Subcontractors,
Subconsultants, sub-Subcontractors, sub-Subconsultants, material persons (pursuant to
Chapter 713, Florida Statutes), and any and all other persons working for it in conjunction with
the design and construction of the Project.
7.04 DESIGN/BUILD FIRM shall be fully responsible for all acts or omissions of its
Contractor, Consultant, Subcontractors, Subconsultants, sub-Subcontractors, sub-
Subconsultants, material persons, and any and all other persons working for DESIGN/BUILD
FIRM in conjunction with the design and construction of the Project; any and all persons working
for Contractor, Consultant, Subcontractors or Subconsultant; and any and all persons for whose
acts any of the aforestated may be liable, to the same extent DESIGN/BUILD FIRM is
responsible for the acts and omissions of persons directly employed by DESIGN/BUILD FIRM.
Nothing in this Agreement shall create any contractual relationship between CITY and
Consultant, or CITY and any Subcontractor, Subconsultant, sub-Subcontractor, sub-
Subconsultant, or any other person working either for DESIGNiBUILD FIRM or for any of the
aforestated parties in conjunction with the design and construction of the Project; including,
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without limitation, any obligation on the part of CITY to pay or to see to the payment of any
monies due to any of the aforestated parties.
7.05 DESIGN/BUILD FIRM agrees to bind its Consultant, Subcontractors, and
Subconsultants to the applicable terms and conditions of this Agreement for the benefit of CITY.
7.06 Unless othenvise provided herein, DESIGN/BUILD FIRM shall provide and pay for all
architecture, engineering, landscape architecture, land surveying services, Materials, labor,
water, tools, equipment, light, power, transportation and other facilities and services necessary
for the proper execution and completion of the design and construction of the Project, whether
temporary or permanent, and whether or not incorporated or to be incorporated in the Project.
7.O7 DESIGNiBUILD FIRM shall at all times enforce strict discipline and good order among its
employees, Consultants, Subcontractors and Subconsultants at the Project site, and shall not
employ on the Project any unfit person or anyone not skilled in the work and/or services
assigned to him or her.
7, 08 [ ntentionally omitted]
7.09 DESIGN/BUILD FIRM shall keep itself fully informed of, and shall take into account and
comply with any and all Applicable Laws affecting those engaged or employed in the Project; or
the Materials used or employed in the design and construction of the Project; or in any way
affecting the conduct of the Project; including, without limitation, all such orders and decrees of
bodies or tribunals having any jurisdiction or authority over the same and of all provisions
required by law to be made a part of this Agreement, all of which provisions are hereby
incorporated by reference and made a part hereof. lf any specification or contract for this Project
is in violation of any such Applicable Laws, DESIGNiBUILD FIRM shall forthwith report the
same to the Contract Administrator in writing. DESIGN/BUILD FIRM shall cause all its
employees, agents, Consultant, Subcontractors, Subconsultants, and sub-Subcontractors to
observe and comply with all Applicable Laws.
7.10 ln the event of a change after the issuance of any applicable permit for the Project in any
Applicable Law which in any manner affects the Project, DESIGN/BUILD FIRM shall advise the
Contract Administrator, in writing, and the Contract Administrator may initiate a Changer Order
request to the DESIGN/BUILD FIRM and process a Change Order, the purpose of which shall
be to bring the Project into compliance with such Applicable Law, as amended or enacted.
7.11 DESIGN/BUILD FIRM shall pay all applicable sales, consumer, use and other taxes
required by law. DESIGN/BUILD FIRM is responsible for reviewing the pertinent State statutes
involving State taxes and complying with all requirements.
7.12 CITY shall have the right to inspect and copy, at CITY'S expense, the books and records
and accounts of the DESIGN BUILD/FIRM which directly relate to the Project, and to any claim
for additional compensation made by the DESIGN BUILD/FIRM, and to conduct an audit of the
financial and accounting records of the DESIGN BUILD/FIRM which relate to the Project and to
any claim for additional compensation made by the DESIGN BUILDiFIRM. DESIGN
BUILD/FIRM shall retain and make available to CITY all such books and records and accounts
or portions thereof, financial or otherwise, which relate to the Project and to any claim for a
RFP 20t 4-253-YG
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period of three (3) years following Final Completion of the Project. During the Project and the
three (3) year period following Final Completion of the Project, the DESIGN BUILD/FIRM shall
provide CITY access to its books and records subject to this section upon three (3) business
day's written notice.
7.13 The DESIGN/BUILD FIRM shall perform the Work and complete the Project for the
Guaranteed Maximum Price, in accordance with the Contract Documents, and shall achieve
Substantial Completion of the Work within the Contract Time. Completion of the Work shall be
achieved no later than sixty (60) calendar days after issuance of a Certificate of Substantial
Completion, as referenced by Article 6 of the Contract.
7.14 DESIGN/BUILD FIRM shall furnish efficient business administration, coordination,
management and supervision of the Work and services required to complete the Project, and
shall cooperate with the Project Manager and the Contract Administrator, and their respective
representatives, in furthering the interests of CITY in the expeditious completion of the Project at
the lowest cost to CITY, consistent with the requirements of the Contract Documents and
prudent and customary construction practices.
7.14.01 The DESIGNiBUILD FIRM shall perform the Work, and shall cause
Contractor and Subcontractors to perform the Work, in strict accordance with all
Applicable Laws. By signing this Agreement, the DESIGN/BUILD FIRM represents and
warrants that it is familiar with all Applicable Laws that govern the Work.
7.14.02 lf DESIGN/BUILD FIRM has knowledge that the Contract Documents do
not comply with Applicable Laws, in any respect, the DESIGN/BUILD FIRM shall
promptly notify the Project Manager, in writing, and any necessary changes shall be
adjusted by appropriate revisions. lf the DESIGN/BUILD FIRM performs any Work not in
accordance with Applicable Laws, and without such notice to the Project Manager, the
DESIGN/BUILD FIRM shall assume full responsibility therefore, and shall bear all costs
attributable thereto.
7.14.03 ln the event that Work is deemed by competent authority not to comply
with Applicable Laws, the DESIGN/BUILD FIRM shall bring such Work into compliance
with such Applicable Laws. lf an Applicable Law(s) is enacted after the issuance of an
applicable permit for the Project, and the DESIGN/BUILD FIRM had no reasonable prior
knowledge of such a change to the Applicable Law(s), such change shall be considered
an unforeseeable and unavoidable cost, and the CITY shall approve a Change Order to
bring such Work into compliance with such Applicable Law(s). New interpretations of
existing Applicable Laws shall not be considered an unforeseeable and unavoidable
cost.
7.15 The DESIGNiBUILD FIRM warrants to CITY that it has thoroughly reviewed and studied
the DCP, and has determined that it is in conformance with Applicable Laws, and is complete
and sufficiently coordinated to perform the Work for the Guaranteed Maximum Price and the
Contract Time. DESIGN/BUILD FIRM warrants to CITY that the DCP is consistent, practical,
feasible and constructible. DESIGN/BUILD FIRM further warrants to CITY that the Work
described in the DCP is constructible for the Guaranteed Maximum Price and the Contract
Time.
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THE CITY DISCLAIMS ANY WARRANTY THAT THE DCP, FOR THE PROJECT IS
ACCURATE, PRACTICAL, CONSISTENT, AND / OR CONSTRUCTIBLE.
7.16 The DESIGN/BUILD FIRM accepts the Project site in its observable and/or documented
condition existing at the time of this Agreement, or conditions ordinarily encountered and
generally recognized as inherent to the character of the Work to be provided for in this Project.
By signing this Contract, the DESIGN/BUILD FIRM represents to the CITY that it has: (a) visited
the Project site to become familiar with the conditions under which the Work is to be performed;
(b) become familiar with all information provided (without warranty) by the CITY pertaining to the
Project site; and (c) correlated its observations with the information furnished by the CITY
(without warranty), and the Contract Documents. The DESIGN/BUILD FIRM hereby waives
additional time or compensation for additional work made necessary by observable andior
documented conditions existing at the Project site, or conditions ordinarily encountered and
generally recognized as inherent to the character of the Work to be provided for in this Prolect.
7.17 The DESIGN/BUILD FIRM agrees specifically that no Change Orders shall be required by
the DESIGN/BUILD FIRM or considered by the City for reasons involving conflicts in the
Contract Documents; questions of clarity with regard to the Contract Documents; and
incompatibility or conflicts between the Contract Documents and the existing Project site
conditions including, without limitation, utilities and unforeseen underground conditions. The
DESIGN/BUILD FIRM acknowledges that it has ascertained all correct locations for points of
connection for all utilities required for this Project.
7.18 The DESIGN/BUILD FIRM shall, as may be required for the proper execution and
completion of the Work, secure all necessary permits and revisions thereto, fees, and licenses,
as required by Applicable Laws to complete the Project including, but not limited to, all
necessary utility connection permits and fees.
7.19 The DESIGN/BUILD FIRM shall comply with all conditions of any permits issued by
government authorities.
ARTICLE 8 THE CONTRACT PRICE (GUARANTEED MAXIMUM PRICE)
AND METHOD OF PAYMENT
8.01 The Contract Price is the Guaranteed Maximum Price agreed to by the DESIGN/BUILD
FIRM and CITY under this Contract, payable to complete the Work in accordance with the
Agreement and DCP, and, to the extent permitted by this Agreement, as may be increased or
decreased by Change Order.
8.01.01 The Contract Price for the Project, which is also the Guaranteed
Maximum Price as is specifically defined and delineated in the Design Criteria Package
to this Contract, which is attached and incorporated hereto.
8.0'1.02 !n the event that the DESIGN/BUILD FIRM'S total approved
expenditures for the Project exceed the Guaranteed Maximum Price, the
DESIGN/BUILD FIRM shall pay such excess from its own funds. GITY shall not be
62 | RFP 2O14-2s3-YG
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required to pay any amount that exceeds the Guaranteed Maximum Price and the
DESIGN/BUILD FIRM shall have no claim against the CITY on account thereof.
8.02 METHOD OF BILLING AND PAYMENT
8.02.01 During the Construction Documents Phase, DESIGN/BUILD FIRM may
submit a request for payment monthly based upon percentage of completion of the (final
construction) Plans and Specification. During the Construction Phase, DESIGN/BUILD
FIRM may submit a request for payment thirty (30) calendar days after beginning field
operations, subject to the second Notice-to-Proceed, and every thirty (30) calendar days
thereafter. Payment during the Construction Phase will be based upon percentage of
work completed for each item in the approved Schedule of Values. DESIGN/BUILD
FIRM's requisition for payment shall show a complete breakdown of the Project
components, and the amount due, together with such supporting evidence, as may be
required by the Contract Administrator. At a minimum, the requisition for payment shall
be accompanied by a completed ce(ification of Work; consent of surety in the applicable
amount; list of Subcontractors that performed Work during the payment application
period being submitted; releases of liens from the Contractor for the previous period
being billed; releases of liens from Subcontractors that have performed Work during the
previous billing period unless payment for the previous period has not been received by
the DESIGN/BUILD FIRM; aerials and photographs of the areas of Work for the
applicable billing period; an accepted, updated CPM Project Schedule (as approved);
and back up for all items being billed. The certification of Work will mean compliance by
DESIGNiBUILD FIRM with the approved CPM Project Schedule; that as-built drawings
of improvements are current for the prior period; and Applicable Laws are being met and
complied with. Each requisition for payment shall be submitted in triplicate to the Project
Manager for approval. Payment for Work performed will be made within thirty (30)
calendar days after receipt of a proper requisition for payment, but not more frequently
than once a month (i.e. every thirty [30] days). The Contract Administrator shall verify
completion of the various phases, as noted, and authorize payment accordingly. Should
the Prolect fall behind schedule as indicated in the CPM Project Schedule,
DESIGNiBUILD FIRM shall include a written plan demonstrating how the Final
Completion date shall be maintained.
8.02.02 CITY agrees that it will pay DESIGN/BUILD FIRM within thirty (30)
calendar days of receipt of DESIGN/BUILD FIRM's proper requisition for payment, as
provided above.
8.02.03 Ten percent (10%) of all monies earned by DESIGN/BUILD FIRM shall be
retained by CITY until the Project has obtained Final Completion and been accepted by
CITY, except that upon completion of the Construction Documents Phase and approval
by CITY of the Work performed under such phase, the Contract Administrator may
release the entire amount of the retainage pertaining to the Consultant fees associated
with the Construction Documents Phase. After fifty percent (50%) of the Construction
Phase of the Project has been completed, the Contract Administrator, upon written
request of the DESIGNiBUILD FIRM and written Consent of Surety in support of said
request, may reduce the retainage to five percent (5%) of all monies earned subsequent
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to the Construction Documents Phase. Any interest earned on retainage shall accrue to
the benefit of CITY.
8.02.04 Undisputed amounts remaining unpaid thirty (30) calendar days after
CITY's receipt of DESIGN/BUILD FIRM's proper requisition for payment for conforming
Work shall bear interest at the rate set forth in Section 218.74 (4), Florida Statutes. This
section shall not apply if the CITY has a right to withhold any portion of the payment
under this Agreement.
8.03 Upon receipt of written notice from DESIGNiBUILD FIRM that the Project is ready for
final inspection and acceptance, the Contract Administrator shall, within fou(een (14) calendar
days, make an inspection thereof. lf the Contract Administrator finds the Project acceptable
under the Contract Documents and the Prolect fully performed, a Final Certificate of Payment
shall be issued by the Contract Administrator, over his/her own signature, stating that the Work
required by this Agreement has been completed and is accepted under the terms and
conditions thereof.
8.04 Before issuance of the Final Certificate for Payment, DESIGN/BUILD FIRM shall deliver
to the Contract Administrator a complete release of all liens arising out of this Agreement, or
receipts in full in lieu thereof, and an affidavit certifying that all suppliers, Consultant,
Subcontractors, and Subconsultants have been paid in full, and that all other indebtedness
connected with the Project has been paid, and a consent of the surety to final payment. All as-
builts, warranties, guarantees, operational manuals, and instructions in operation must be
delivered to CITY at this time. Contractor shall submit a completed as-built drawings package
(two (2)full-size (24"x36") and two (2) half-size (11"x17"), to-scale, hard reproducible copies and
two (2) CD Rom non-compressed formatted in the latest version of AutoCAD), signed and
sealed by a land surveyor registered in the State of Florida and as approved by the CITY's
Public Works Department, and proof that all permits have been closed; which shall be delivered
prior to requesting final payment. A Certificate of Occupancy, and/or Certificate of Completion
(CC), will be obtained prior to final payment being made, if required.
8.05 CITY may withhold final payment or any progress payment to such extent as may
be necessary on account of:
8.05.01
8.05.02
Defective Work not remedied.
Claims filed or written notices of nonpayment indicating probable filing of
claims as may be prescribed by law by other parties against DESIGN/BUILD FIRM.
8.05.03 Failure of DESIGN/BUILD FIRM to make payments properly to
Consultant, Subcontractors or Subconsultants, or for material or labor.
8.05.04 Damage to another Subcontractor, Subconsultant, supplier, material
person (as provided for in F.S. 71 3), party, or person not remedied which are attributable
to DESIGN/BUILD FIRM, its agents, servants, employees, Contractor, Consultant,
Subconsultants, Subcontractors, sub-Subcontractors, sub-Subconsultants, material
person and suppliers.
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8.05.05
8.05.06
8.05.07
Liquidated damages pursuant to Article 6 hereof.
As-built drawings not being in a current and acceptable state.
The DESIGN/BUILD FIRM warrants to the CITY that all materials and
equipment furnished under this Agreement will be new unless otherwise specified, and
that all Work will be of good quality and in conformance with the Contract Documents. All
Work not conforming to these requirements, including substitutions not properly
approved and authorized by Contract Administrator, may be considered defective. lf
required by the CITY, the DESIGN/BUILD FIRM shall furnish satisfactory evidence as to
the origin, nature and quality of materials and equipment used for the Project.
DESIGNiBUILD FIRM shall properly store and protect all construction materials.
Materials which become defective through improper storage shall be replaced with new
materials at no additional costs. The DESIGN/BUILD FIRM's warranty excludes remedy
for damage or defect caused by abuse, modifications not executed by the
DESIGN/BUILD FIRM, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage.
When the above grounds are removed or resolved, or DESIGN/BUILD FIRM provides a
surety bond or a consent of surety satisfactory to CITY which will protect CITY in the
amount withheld, payment may be made in whole or in part, as applicable.
8.06 lf, after the Project has been substantially completed, full completion thereof is delayed
through no fault of DESIGN/BUILD FIRM, or by issuance of Change Orders affecting final
completion, and the Contract Administrator so certifies, CITY shall, upon certification of the
Contract Administrator, and without terminating the Contract, make payment of the balance due
for that portion of the Project fully completed and accepted. Such payment shall be made as
required by law under the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
8.07 The making and acceptance of the final payment shall constitute a waiver of all claims
by CITY, other than those arising from faulty or defective Work, failure of the Project to comply
with requirements of the Contract Documents, or terms of any warranties required by the
Contract Documents. lt shall also constitute a waiver of all claims by DESIGNiBUILD FIRM,
except those previously made in writing and identified by DESIGN/BUILD FIRM as unsettled at
the time of the final application for payment.
8.08 lf the Contract Administrator, in its reasonable judgment, determines that the portion of
the Guaranteed Maximum Price then remaining unpaid will not be sufficient to complete the
Work in accordance with the Contract Documents, no additional payments will be due to the
DESIGN/BUILD FIRM hereunder unless and until the DESIGN BUILD FIRM, at its sole cost,
performs a sufficient portion of the Work so that such portion of the Guaranteed Maximum Price
then remaining unpaid is determined by the Contract Administrator to be sufficient to so
complete the Work.
8.09 DESIGN/BUILD FIRM shall remain liable for Subcontractors' Work and for any unpaid
laborers, material suppliers or Subcontractors in the event it is later discovered that said Work is
deficient or that any Subcontractors, laborers, or material suppliers did not receive payments
65 I RFP 2Ot4-253-YG
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due to them on the Project.
8.10 The DESIGNiBUILD FIRM shall use the sums advanced to it solely forthe purpose of
performance of the Work and the construction, furnishing and equipping of the Work in
accordance with the Contract Documents and payment of bills incurred by the DESIGN/BUILD
FIRM in performance of the Work.
8.11 Payment will be made to DESIGN/BUILD FIRM at:
ARTICLE 9 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
Without invalidating the Agreement and without notice to any surety, CITY reserves and shall
have the right to make such changes from time to time in the character or quantity of the Work
as may be considered necessary or desirable to complete fully and acceptably the Project in a
satisfactory manner. Any extra or additional work within the scope of this Project may be
accomplished by means of appropriate Field Orders, and/or fully executed and approved
Change Orders.
ARTICLE 1O GITY'S RESPONSIBILITIES
10.01 CITY shall assist DESIGN/BUILD FIRM by placing at its disposal any available
information pertinent to the Project including previous reports, laboratory tests and inspections
of samples, materials and equipment; property, boundary, easement, rights-of-way, topographic
and utility surveys; property descriptions; and known zoning, deed and other land use
restrictions.
10.02 CITY shall arrange for access to and make all provisions for DESIGN/BUILD FIRM to
enter upon public property as required for DESIGN/BUILD FIRM to perform its services.
ARTICLE 11 RESOLUTION OF DISPUTES
11.01 To attempt to prevent all disputes and litigation, it is agreed by the parties hereto that
Contract Administrator shall first decide all questions, claims, difficulties and disputes of
whatever nature which may arise relative to the Contract Documents and fulfillment of this
Agreement as lo the character, quality, amount and value of any Work done and Materials
furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents,
and Contract Administrator's estimates and decisions upon all claims, questions, difficulties and
disputes shall befinal and binding to the extent provided in Section 11.02. Any claim, question,
difficulty or dispute which cannot be resolved by mutual agreement of CITY and DESIGN/BUILD
FIRM shall be submitted to Contract Administrator, in writing, within twenty-one (21) calendar
days of the discovery of the occurrence. Unless a different period of time is set forth herein,
Contract Administrator shall notify DESIGN/BUILD FIRM in writing of the decision within twenty-
one (21) calendar days from the date of the submission of the claim, question, difficulty or
dispute, unless Contract Administrator requires additional time to gather information or allow the
parties to provide additional information. All nontechnical administrative disputes shall be
determined by the Contract Administrator pursuant to the time periods provided herein. During
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the pendency of any dispute and after a determination thereof, DESIGN/BUILD FIRM and CITY
shall act in good faith to mitigate any potential damages, including utilization of construction
schedule changes and alternate means of construction.
11.02 ln the event the determination of a dispute under this Article is unacceptable to either
party hereto, the party objecting to the Contract Administrator's determination must notify the
other party in writing within ten (10) calendar days of receipt of the written determination. The
notice must state the basis of the objection and must be accompanied by a statement that any
Contract Price or Contract Time adjustment claimed is the entire adjustment to which the
objecting party has reason to believe it is entitled to as a result of the determination. Within sixty
(60) calendar days after Final Completion of the Work, the parties shall participate in mediation
to address all objections to any determinations hereunder and to attempt to avoid litigation. The
mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in
mediation, the parties retain all their legal rights and remedies provided under Slate law. A party
objecting to a determination specifically waives all of its rights provided hereunder, including its
rights and remedies under State law, if said party fails to comply in strict accordance with the
requirements of this Article.
11.03 Pending final resolution of a claim, including mediation, unless othenvise agreed in
writing by the CITY, DESIGN/BUILD FIRM shall proceed diligently with performance of the
Contract and the CITY shall continue to make payments in accordance with the Contract
Documents.
11.04 Any mediator used shall be certified in accordance with State of Florida law. Mediation
will be conducted in Miami-Dade County.
ARTICLE 12 SUBCONTRACT REQUIREMENTS
12.01 [ntentionally omitted]
12.02 [ntentionally omitted]
1 2.03 [ntentionally omitted]
'1 2.04 [ntentionally omitted]
12.05 All Subcontracts shall require the following:
12.05.01 That the Subcontractor's exclusive remedy for delays in the performance
of the contract caused by events beyond its control, including delays claimed to be
caused by the CITY or Consultant or attributable to the CITY or Consultant and including
claims based on breach of contract or negligence, shall be an extension of its Contract
Time.
12.05.02 ln the event of a change in the Work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 7% for overhead and profit and bond costs.
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12.05.03 Each subcontract shall require the Subcontractor to expressly agree that
the foregoing constitute the sole and exclusive remedies for delays and changes in the
Work and thus eliminate any other remedies for claim for increase in the Contract Price,
damages, losses, or additional compensation.
12.05.04 Each subcontract shall require that any claims by Subcontractor for delay
or additional cost must be submitted to DESIGN/BUILD FIRM within the time and in the
manner in which the DESIGN/BUILD FIRM must submit such claims to the CITY, and
that failure to comply with the conditions for giving notice and submitting claims shall
result in the waiver of such claims.
12.05.05 Each subcontract shall include a provision stating that the subcontract is
assignable to the CITY in the event of a termination of all or part of the Contract. Said
assignment shall be at the sole option and discretion of the CITY and, if agreed to by
CITY shall be upon the same terms and conditions as the original subcontract, unless
otherwise mutually negotiated by CITY and Subcontractor.
12.05.06 The DESIGN/BUILD FIRM shall be solely responsible to the CITY for the acts
and omissions of its employees and agents and its Contractor, Consultant,
Subcontractors, Subconsultants, and their agents and employees, and all other persons
performing any of the work or services or supplying materials under a contract to the
DESIGNiBUILD FIRM.
12.05.07 The DESIGN/BUILD FIRM shall provide the Project Manager with a copy
of each subcontract, including the general supplementary conditions.
ARTICLE 13 [This Article left intentionallv blank]
ARTICLE 14 [This Article Ieft intentionallv blankl
ARTIGLE 15 SECURITY tThis Article left intentionallv blankl
ARTICLE 16 INSPEGTION OF PROJECT
'16.01 The CITY, Contract Administrator, and their authorized representatives, shall
have access to the Project at all times and DESIGN/BUILD FIRM shall provide proper
facilities for such access. Such access shall be in accordance with the reasonable rules
of the DESIGN/BUILD FIRM.
16.01.01 Should the Contract Documents, any Applicable Laws, or any public
authority require any Work for the Project to be specially tested or approved,
DESIGN/BUILD FIRM shall give to the Contract Administrator timely notice of readiness
of the Work for inspection. lf the testing or approval is to be made by an authority other
than CITY, timely notice shall be given of the date fixed for such testing. lnspections
shall be made promptly, and, where practicable, at the source of supply. Within a
reasonable time from execution of this Agreement, CITY shall provide DESIGN/BUILD
FIRM with a letter (or e-mail) listing the areas of Work the CITY will inspect. lf defined
Work for the Project should be covered up without required inspection/approval, it must,
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if required by the Contract Administrator, be uncovered for examination, and properly
restored at DESIGN/BUILD FIRM's expense.
16.01 .02 Re-examination and retesting of any Work may be ordered by the
Contract Administrator and, if so ordered, such Work must be uncovered by
DESIGN/BUILD FIRM. lf such Work is found to be in accordance with the Contract
Documents, CITY shall pay the cost of re-examination, retesting and replacement. lf
such Work is not in accordance with the Contract Documents, DESIGN/BUILD FIRM
shall pay such cost.
'16.02 The payment of any compensation, regardless of its character or form, or the giving of
any gratuity or the granting of any valuable favor by DESIGN/BUILD FIRM to any inspector is
forbidden, and any such act on the part of DESIGN/BUILD FIRM will constitute a breach of this
Agreement.
ARTICLE 17 SUPERINTENDENCE AND SUPERVISION
17.01 The orders of the CITY are to be given through the Project Manager, whose instructions
are to be strictly and promptly followed in every case, provided that they are in accordance with
this Contract and the other Contract Documents. Construction Manager shall keep on the
Project during its progress, a full-time, competent, English speaking supervisor who shall serve
as the superintendent, and any necessary assistants, all satisfactory to the Project Manager.
17.02 Construction Manager or Contractor's superintendent shall prepare, on a daily basis,
and keep on the Project site, a bound log setting forth at a minimum, for each day: the weather
conditions and how any weather conditions affected progress of the Work; time of
commencement of Work for the day; the Work performed; materials, labor, personnel,
equipment and Subcontractors utilized for the Work; any idle equipment and reasons for
idleness; visitors to the Project site; any special or unusual conditions or occurrences
encountered; any materials delivered to the Project site; and the time of termination of Work for
the day. The daily bound log shall be available for inspection by the CITY, or its authorized
designee, at all times during the Project, without previous notice.
17.03 lf DESIGN/BUILD FIRM, in the course of the Project, finds any discrepancy between the
Contract Documents and the physical conditions of the site, or any errors or omissions in the
Contracl Documents including, but not limited to, the Plans and Specifications, it shall be
DESIGN/BUILD FIRM's sole obligation and duty to immediately inform the Contract
Administrator, in writing, and the Contract Administrator will promptly verify same.
Any Work done prior to or after such discovery will be done at DESIGN/BUILD FIRM's sole risk.
NOTWTHSTANDING THE PRECEDING, OR ANY OTHER TERM OR CONDITION OF THIS
AGREEMENT, DESIGN/BUILD FIRM HEREBY ACKNOWLEDGES AND AGREES THAT
TH!S IS A DESIGN/BUILD PROJECT AND, ACCORDINGLY, ANY ERRORS OR OMISSIONS
SHALL BE CORRECTED AT THE SOLE COST AND EXPENSE OF DESIGN BUILD/FIRM
AND WITHOUT A CLAIM FOR ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT
PRICE-
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17.04 DESIGN/BUILD FIRM shall coordinate, supervise and direct the Project competently and
efficiently, devoting such attention thereto and applying such skills and expertise as may be
necessary to perform and complete the Prolect in accordance with the Contract Documents.
DESIGNiBUILD FIRM shall be solely responsible for the design, preparation of Construction
Documents, means, methods, techniques, safety, sequences and procedures of construction.
DESIGNiBUILD FIRM shall give efficient supervision to the Work, using DESIGN/BUILD FIRM's
best skill, attention, and judgment.
ARTICLE 18 CITY'S RIGHT TO TERMINATE AGREEMENT
18.01 lf DESIGNiBUILD FIRM fails to begin the design and construction of the Projectwithin
the time specified; or fails to perform the Project with sufficient workers and equipment or with
sufficient materials to insure the prompt completion of the Project, in accordance with the
Contract Documents and schedules; or shall perform the Work unsuitably, or cause it to be
rejected as defective and unsuitable; or shall discontinue the prosecution of the Prolect, except
for excused delays in accordance with this Agreement; or if DESIGN/BUILD FIRM shall become
insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make
an assignment for the benefit of creditors; or shall not carry on the Project in accordance with
the Contract Documents, then the CITY shall give notice, in writing, to DESIGN/BUILD FIRM
and its surety of such delay, neglect or default, specifying the same. lf DESIGN/BUILD FIRM,
within a period of ten (10) calendar days after such notice, shall not proceed in accordance
therewith, then CITY may, upon written notice from the Contract Administrator of the fact of
such delay, neglect or default and DESIGN/BUILD FIRM's failure to comply with such notice,
terminate the services of DESIGNiBUILD FIRM, exclude DESIGN/BUILD FIRM from the Project
site, and take the prosecution of the Project out of the hands of DESIGNiBUILD FIRM, as
appropriate, or use any or all materials and equipment on the Project site as may be suitable
and acceptable, in the City's reasonable discretion. ln such case, DESIGNiBUILD FIRM shall
not be entitled to receive any further payment until the Project is finished. ln addition, CITY may
enter into an agreement for the completion of the Project according to the terms and provisions
of the Contract Documents, or use such other methods as in its opinion shall be required for the
completion of the Project in an acceptable manner. All damages, costs and charges incurred by
CITY shall be deducted from any monies due or which may become due to said DESIGN/BUILD
FIRM. Actions will be instituted to recover on the posted bonds. ln case the damages and
expense so incurred by CITY shall be less than the sum which would have been payable under
this Agreement, if it had been completed by said DESIGN/BUILD FIRM, then DESIGNiBUILD
FIRM shall be entitled to receive the difference. lf such damages and costs exceed the unpaid
balance, then DESIGN/BUILD FIRM shall be liable and shall pay to CITY the amount of said
excess.
18.02 lf, after Notice of Termination of DESIGN/BUILD FIRM's right to proceed, it is
determined for any reason that DESIGN/BUILD FIRM was not in default, the rights and
obligations of CITY and DESIGN/BUILD FIRM shall be the same as if the notice of termination
had been issued pursuant to the Termination for Convenience clause, as set forth in Section
18.03 below.
18.03 Notwithstanding any other provision in this Agreement, the performance of work under
this Agreement may be terminated in writing by CITY, for convenience and without cause, upon
ten (10) business days from the date of DESIGN/BUILD FIRM'S receipt of the written notice to
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DESIGN/BUILD FIRM of intent to terminate and the date on which such termination becomes
effective. ln such case, DESIGN/BUILD FIRM shall be paid for all work and reimbursables
executed, and expenses incurred, such as materials stored, cost of severance of
leases/contracts directly associated with the Project, and demobilization prior to termination.
PAYMENT SHALL INCLUDE REASONABLE PROFIT FOR SERVICES ACTUALLY
PERFORMED IN FULL PRIOR TO TERMINATION DATE, BUT SHALL EXCLUDE ALL LOST
PROFITS, INDIRECT CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES.
18.04 Upon receipt of Notice of Termination pursuant to Sections 18.01 or 18.03 above,
DESIGN/BUILD FIRM shall, at its sole cost and expense and as a condition precedent to any
further payment obligation by the CITY, promptly discontinue all affected work, unless the
Notice of Termination directs othenvise, and deliver to CITY within seven (7) calendar days of
termination, all data, drawings, specifications, reports, estimates, summaries and such other
information as may have been required by the Contract Documents, whether completed or in
process. Compensation shall be withheld until all documents are provided to CITY pursuant to
this Article.
ARTICLE 19 DESIGN/BUILD FIRM'S RIGHT TO STOP WORK
OR TERMINATE CONTRACT
19.01 lf the Project should be stopped under an order of any court or other public authority for a
period of more than ninety (90) calendar days, through no act or fault of DESIGN/BUILD FIRM
or of anyone employed by DESIGN/BUILD FIRM; or if the Contract Administrator should fail to
review and approve or state in writing reasons for non-approval of any requisition for payment
within twenty (20) business days after it is presented; or if CITY fails to pay DESIGN/BUILD
FIRM within thirty (30) calendar days after submittal of a proper requisition for payment, as
approved by the Project Manager or Contracl Administrator (as applicable), then
DESIGN/BUILD FIRM may give written notice to CITY, through Contract Administrator, of such
delay, neglect, or default, specifying the same. lf CITY, within a period of ten (10) business days
after such written notice, shall not remedy the delay, neglect, or default upon which notice is
based, then DESIGN/BUILD FIRM may stop work until payment is made, or terminate this
Agreement and recover from CITY payment for all Work executed and reasonable expense
sustained, But excluding any claim for payments for lost profits, indirect, special, consequential,
or other damages.
ARTICLE 20 "OR EQUAL" CLAUSE
20.01 Whenever a material, article or piece of equipment is identified in the Contract
Documents, including without limitation, in the Plans and Specifications, by reference to
manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, it is intended
merely to establish a standard and, unless it is followed by words indicating that "no substitution
is permitted," any material, article, or equipment of other manufacturers and vendors which will
perform or serye the requirements of the general design will be considered equally acceptable
provided the material, article or equipment so proposed is, in the opinion of the Contract
Administrator:
20.01 .01 At least equal in quality, durability, appearance, strength and design;
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20.01 .02 Performs at least equally the function imposed in the general design for
the Project;
20.01.03 Conforms substantially, even with deviations, to the detailed requirements
for the items as indicated by the Plans and Specifications; and
20.01.04 Carries the same guaranty or warranty of the specified equipment.
All substitution requests will be made via written request which shall be attached to a
shop drawing and/or Change Order which shall be attached to a detailed description of
the specified item and a detailed description of the proposed substitution. A comparison
letter itemizing all deviations from specified items must be included for the Contract
Administrator to properly evaluate substitution. Failure to provide the deviation
comparison sheet shall automatically deny the request.
Any changes, inclusive of design changes, made necessary to accommodate substituted
equipment under this paragraph shall be at the expense of DESIGN/BUILD FIRM.
20.Q2 Contract Administrator's written consent will be required as to acceptability, and no
substitute will be ordered, installed or utilized without Contract Administrator's prior written
acceptance, which will be evidenced by either a Change Order or an accepted shop drawing.
CITY may require DESIGN/BUILD FIRM to furnish, at DESIGN/BUILD FIRM'S expense, a
special performance guarantee or other surety with respect to any substitute.
ARTICLE 21 PLANS AND SPEGIFICATIONS
21.01 CITY, through its Contract Administrator, shall have the right to require DESIGN/BUILD
FIRM to modify the details of the Plans and Specifications, to supplement same with additional
plans, drawings, specifications, or additional information as the Project proceeds which are
within the specific intent and stated scope of the Project and which do not cause increase in
Contract Price or Contract Time, all of which shall be considered as part of the Contract
Documents, at no additional cost to the CITY. All plans, general and detail, are to be deemed a
part of this Agreement, and the Plans and Specifications and other Contract Documents are to
be considered together, and are intended to be mutually complementary, so that any work
shown on the Plans, though not specified in the Specifications, and any work specified in the
Specifications though not shown on the Plans, is to be executed by DESIGN/BUILD FIRM as
part of the Contract Documents. All things which, in the opinion of the Contract Administrator,
may reasonably be inferred from the Contract Documents, including, but not limited to, the
Plans and Specifications, are to be executed by DESIGN/BUILD FIRM under the terms of the
Contract Documents; and the Contract Administrator shall determine whether said Plans and
Specifications conform to the Contract Documents. ln the event the work requested under this
A(icle expands the scope of the Project, DESIGNiBUILD FIRM may seek a Change Order
pursuant to Article 37.
ARTICLE 22 DESIGN/BUILD FIRM TO GHECK DRAWINGS AND DATA
22.01 DESIGN/BUILD FIRM shall take measurements and verify all dimensions, conditions,
quantities and details shown on the Plans and Specifications including, but not limited to, the
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drawings, schedules, or other data. Failure to discover or correct errors, conflicts or
discrepancies shall not relieve DESIGN/BUILD FIRM of full responsibility for unsatisfactory
work, faulty construction, or improper operation resulting therefrom, nor from rectifying such
condition at DESIGN/BUILD FIRM'S own expense. DESIGN/BUILD FIRM will not be allowed to
take advantage of any error or omissions.
ARTICLE 23 WARRANry
23.01 DESIGN/BUILD FIRM warrants to CITY that all Materials and equipment furnished for the
Project will be new unless otherwise specified and that all Work for the Pro.lect will be of good
quality, free from faults and defects and in conformance with the Contract Documents. The
standard of quality shall be at least that employed by similarly qualified design/build firms that
are duly qualified and licensed to perform similar projects. All Work for the Project not
conforming to these requirements, including substitutions not properly approved and authorized,
may be considered defective. lf Materials or equipment are improperly stored and become
altered as a result of such improper storage, DESIGN/BUILD FIRM shall replace said Materials
and/or equipment with new ones at no additional cost. DESIGN/BUILD FIRM shall be
responsible for proper storage and safeguarding of all Materials and equipment. lf required by
the Contract Administrator, DESIGN/BUILD FIRM shall furnish satisfactory evidence as to the
kind and quality of Materials and equipment. The warranty requirements set forth in the Contract
Documents as herein defined shall govern warranty terms and conditions for all warranty items
expressed or implied. The DESIGN/BUILD FIRM'S warranty period under this Article shall be
one (1) year from the date of Substantial Completion of the Project. However, this section shall
not abridge the times or impede the rights and remedies afforded the CITY against other entities
or persons under the Contract Documents, or by law.
ARTICLE 24 SUPPLEMENTARY DRAWINGS
24.01 When, in the opinion of DESIGN/BUILD FIRM and/or CITY, it becomes necessary to
explain more fully the Work to be done, or to illustrate the Project further to show any changes
which may be required, supplementary drawings, with specifications pertaining thereto, will be
prepared by the Consultant and submitted by DESIGN/BUILD FIRM to the Contract
Administrator for review and written acceptance.
24.02 The authorized supplementary drawings shall be binding upon DESIGN/BUILD FIRM
with the same force as the Contract Documents. Where such supplementary drawings require
either less or more than the estimated quantities of work, appropriate adjustments shall be
made pursuant to Change Order.
ARTICLE 25 lThis Article left intentionallv blankl
ARTIGLE 26 GENERAL WORKMANSHIP
26.01 Articles, materials, and equipment specified or shown on drawings shall be new and
shall be applied, installed, connected, erected, used, cleaned, and conditioned for proper
forming, as per the manufacturer's directions. DESIGN/BUILD FIRM shall, if required, furnish
satisfactory evidence as to kind and quality of the matedals. Should materials arrive to the
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jobsite new and be improperly stored and deteriorate from new condition, the materials shall be
replaced at no additional cost to CITY.
26.02 DESIGNiBUILD FIRM shall apply, install, connect, and erect manufactured items or
materials according to recommendations of manufacturer when such recommendations are not
in conflict with the Contract Documents. lf there is conflict between manufacturer
recommendations and the Contract Documents, Contract Administrator shall be notified and
shall approve, in writing, any corrective actions prior to implementation of same.
ARTICLE 27 DEFECTIVE WORK
27.01 Contract Administrator shall have the authority to reject or disapprove Work for the
Project which Contract Administrator finds to be defective. Defective work is defined as Work
not in accordance with the Contract Documents; not in conformance with Applicable Laws;
installed in violation of the manufacturer's written instructions where the installation has caused
new materials to be detrimentally affected; where the life expectancy of the material installed is
reduced; or otherwise installed in a non-workmanlike manner. lf required by Contract
Administrator, DESIGN/BUILD FIRM shall promptly either (as directed) correct all defective
work or remove it from the Project site, and replace it with non-defective work. DESIGN/BUILD
FIRM shall bear all costs of such removal or correction.
27.02 11, within one (1) year after Substantial Completion, any Work is found to be defective or
not in accordance with the Contract Documents, DESIGN/BUILD FIRM shall correct it promptly
without cost to CITY, after receipt of written notice from CITY to do so, unless CITY has given
DESIGN/BUILD FIRM a written acceptance of such conditions. Nothing contained herein shall
be construed to establish a period of limitation with respect to any other obligation which
DESIGN/BUILD FIRM might have under Applicable Laws.
27.03 Should DESIGN/BUILD FIRM fail or refuse to remove or correct any defective work
performed for the Project, or to make any necessary repairs in an acceptable manner and in
accordance with the requirements of this Agreement within a reasonable time, indicated in
writing, CITY shall have the authority to cause the unacceptable or defective work to be
removed or corrected, or make such repairs as may be necessary, to be made at
DESIGN/BUILD FIRM'S expense. Any expense incurred by CITY in making these removals,
corrections or repairs, which DESIGN/BUILD FIRM has failed or refused to make shall be paid
for out of any monies due or which may become due to DESIGN/BUILD FIRM, or may be
charged against the bond (or other guaranty if applicable). Continued failure or refusal on the
part of DESIGN/BUILD FIRM to make any or all necessary repairs promptly, fully, and in
acceptable manner shall be sufficient cause for CITY to declare this Agreement terminated, in
which case CITY, at its option, may purchase Materials, tools, and equipment, and employ
Iabor, or may contract with any other individual, firm or corporation, or may proceed with its own
forces, to perform the work. All costs and expenses incurred thereby shall be charged against
the defaulting DESIGN/BUILD FIRM, and the amount thereof deducted from any monies due, or
which may become due, to DESIGN/BUILD FIRM, or shall be charged against the bond (or
other guaranty). Any special work performed, as described herein, shall not relieve
DESIGN/BUILD FIRM in any way from its responsibility for the work performed by it.
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27.04 Failure to reject any defective work or Materials shall not in any way prevent later
rejection when such defect is discovered, or obligate CITY to final acceptance.
ARTICLE 28 SUBCONTRACTS
28.01 DESIGN/BUILD FIRM shall, at such times as DESIGN/BUILD FIRM decides which
Subcontractors will perform the various portions of the Work, promptly notify the Contract
Administrator, in writing, of the names of Subcontractors for the Project, and identify the portion
of the Work for the Project each will perform. DESIGN/BUILD FIRM shall have a continuing
obligation to notify the Contract Administrator of any change in Subcontractors. Notification of
the names of Subcontractors shall not relieve DESIGN/BUILD FIRM from the primary
responsibility, without limitation, of full and complete satisfactory performance of all contractual
obligations.
ARTIGLE 29 SEPARATE CONTRACTS
29.01 CITY reserves the right to let other contracts in connection with this Project, provided it
does not interfere with DESIGN/BUILD FIRM'S Work or schedule. DESIGN/BUILD FIRM shall
afford other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work and shall properly connect and coordinate its Work
with theirs subject to provision of acceptable insurance coverage, including DESIGN/BUILD
FIRM as an additional insured. CITY will request that its separate contractors coordinate their
activities with the Work of the DESIGN/BUILD FIRM.
29.02 ll any part of DESIGN/BUILD FIRM'S Work depends for proper execution or results upon
the work of any other contractor or the CITY, DESIGN/BUILD FIRM shall inspect and promptly
report to the Contract Administrator any defects in such work that render it unsuitable for such
proper execution and results. DESIGN/BUILD FIRM'S failure to so inspect and report shall
constitute an acceptance of the other contraclor's work as fit and proper for the reception of
DESIGN/BUILD FIRM'S Work, except as to defects which may develop in other contractor's
work after the execution of DESIGN/BUILD FIRM'S Work. However, DESIGN/BUILD FIRM shall
not be responsible or liable to CITY for any work performed by any other separate contractor not
under the auspices or control of DESIGNiBUILD FIRM.
29.03 To insure the proper execution of its subsequent Work, DESIGNiBUILD FIRM shall
inspect the work already in place and shall at once report to the Contract Administrator any
discrepancy between the executed work and the requirements of the Contract Documents.
ARTICLE 30 CITY'S OPTION FOR USE OF COMPLETED PORTIONS
30.01 ln the event of Substantial Completion of a portion of the Prolect, which determination
and option shall be solely and exclusively within the CITY's authority and discretion
whether to allow and accept Substantial Gompletion of a portion or portions of the
Project (versus requiring Substantial Completion of the entire Project at one time), CITY
shall have the right to take possession of, for maintenance and/or for use, of any such
completed or partially completed portion(s) of the Project. However, prior to any possession, a
punch list will be issued for the area to be occupied. Such possession and use shall not be
deemed an acceptance of any Work not completed in accordance with the Contract Documents.
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lf such possession or use delays the Project, DESIGN/BUILD FIRM may be entitled to a
reasonable extension of time as determined by Contract Administrator.
30.02 ln the event CITY takes possession, the following shall occur:
30.02.01 CITY shall give notice to DESIGN/BUILD FIRM at least thirty (30)
calendar days in advance on intent to occupy a designated area.
30.02.02 DESIGN/BUILD FIRM shall bring the designated area to point of
Substantial Completion. When DESIGN/BUILD FIRM considers that the designated
area of the Project is substantially complete, DESIGN/BUILD FIRM shall so notify the
Contract Administrator, in writing, and shall prepare for submission to the Contract
Administrator a list of items to be completed or corrected. The failure to include any
items on such list does not alter the responsibility of DESIGN/BUILD FIRM to complete
work on the designated area in accordance with the Contract Documents. The Contract
Administrator shall conduct an inspection to determine that the designated portion of the
Project is substantially complete. The Contract Administrator will then instruct
DESIGN/BUILD FIRM to deliver to CITY a Certificate of Occupancy (CO) pertinent to the
designated portion, which CO shall be issued by the appropriate authority having
jurisdiction over the Project. The Contract Administrator and DESIGN/BUILD FIRM shall
agree on the time within which DESIGN/BUILD FIRM shall complete the items listed.
30.02.03 Upon issuance and acceptance of Certificate of Substantial Completion,
CITY will assume full responsibility for maintenance, utilities, subsequent damages of
CITY and public, adjustment of insurance coverages and start of warranty for occupied
area. DESIGN/BUILD FIRM shall remain responsible for all items listed to be completed
or corrected as submitted to Contract Administrator as required in Substantial
Completion process.
30.02.04 lf CITY finds it necessary to occupy or use a portion or portions of the
Project prior to Substantial Completion thereof, such occupancy or use shall not
commence prior to a time mutually agreed upon by CITY and DESIGN/BUILD FIRM and
to which the insurance company or companies providing the property insurance have
consented by endorsement to the policy or policies. This insurance shall not be canceled
or lapsed on account of such partial occupancy or use. Consent of DESIGNiBUILD
FIRM and of the insurance company or companies to such occupancy or use shall not
be unreasonably withheld.
ARTICLE 31 CONSTRUCTION AREA
31.01 DESIGN/BUILD FIRM shall use areas approved by the Contract Administrator for
deliveries and personnel. Contract limits of construction area are indicated on the concept
drawings as issued by the Contract Administrator. Equipment, materials, and personnel shall be
in conformance with this Contract.
31 .02 To provide for maximum safety and security, DESIGN/BUILD FIRM shall erect and
maintain all necessary barricades, and any other temporary walls and structures as required,
and boarding or fencing to protect life and property during the period of construction.
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ARTIGLE 32 LANDS FOR WORK
32.0'l CITY shall provide, as indicated in the Contract Documents, the lands upon which the
Project is to be performed, rights-of-way and easements for access thereto and such other
lands as are designated for the use of DESIGN/BUILD FIRM. No claim for damages or other
claim other than for an extension of time shall be made or asserted against CITY by reason of
any delay arising as a result of any failure of CITY to provide such lands on the date needed by
DESIGN/BUILD FIRM. The provisions of Article 40 shall apply herein.
ARTIGLE 33 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
33.01 DESIGN/BUILD FIRM shall conform to all Applicable Laws with regard to labor employed,
hours of work, and DESIGN/BUILD FIRM'S general operations. DESIGNiBUILD FIRM shall also
conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic
on streets, highways, sidewalks, or other public right of ways without the written consent of the
proper authorities.
ARTICLE 34 DAMAGE TO EXISTING FACILITIES. EQUIPMENT OR UTILITIES
34.01 Existing utilities have been shown in the Contract Documents insofar as information is
reasonably available; however, it will be DESIGN/BUILD FIRM'S sole responsibility to verify
such information and to preserve all existing utilities, whether shown in the Contract Documents
or not. lf utility conflicts are encountered by DESIGN/BUILD FIRM during construction,
DESIGN/BUILD FIRM shall re-design its proposed improvements, at its sole cost, to avoid utility
conflicts, and/or provide sufficient notice to the owners of the utilities, and it shall be the sole
responsibility of the DESIGN/BUILD FIRM to resolve any conflicts and make all necessary
adjustments, at no additional cost to the CITY.
34.02 DESIGN/BUILD FIRM shall exercise care and take all precautions during excavation and
construction operations to prevent damage to any existing facilities, equipment, or utilities. Any
damage caused by DESIGN/BUILD FIRM shall be reported immediately to the Contract
Administrator, and such work shall be repaired and/or replaced by DESIGN/BUILD FIRM in a
manner approved by CITY. All costs to repair and/or replace any damage to existing facilities,
equipment, or utilities shall be the sole responsibility of DESIGN/BUILD FIRM, and such repair
or replacement shall be performed expeditiously without cost to CITY.
34.03 DESIGN/BUILD FIRM shall provide that type of required protection for finished Work at
all times and protect adjacent Work during cleaning operations, and make good any damage
resulting from neglect of this precaution.'
34.04 Protection of Work shall include protecting of Work that is factory finished, during
transportation, storage, during and after installation. Where applicable, and as required,
DESIGNiBUILD FIRM shall close off spaces of areas where certain Work has been completed
to protect it from any damages caused by others during their operations.
34.05 DESIGN/BUILD FIRM shall store Materials, and shall be responsible for and shall
maintain partly or wholly finished Work during the continuance of the Contract and until the final
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acceptance of the Project. lf any materials or part of the work should be lost, damaged, or
destroyed by any cause or means whatsoever, the DESIGN/BUILD FIRM shall satisfactorily
repair and replace lhe same at DESIGNiBUILD FIRM'S own cost. The DESIGN/BUILD FIRM
shall maintain suitable and sufficient guards, if necessary, and barriers, and at night, suitable
and sufficient lighting for the prevention of accidents.
34.06 To all applicable sections where preparatory work is part of Work thereon,
DESIGN/BUILD FIRM shall carefully examine surfaces over which finished work is to be
installed, laid or applied, before commencing with the work. DESIGN/BUILD FIRM shall not
proceed with said work until defective surfaces on which work is to be applied are corrected to
the satisfaction of the Contract Administrator. Commencement of work shall be considered
acceptance of surfaces and conditions.
34.07 lt will be the DESIGN/BUILD FIRM'S responsibility to preserve all existing utilities within
the Project limits or as otherwise affected by DESIGN/BUILD FIRM. lf utility conflicts are
encountered by the DESIGN/BUILD FIRM during construction, it is anticipated that
DESIGN/BUILD FIRM shall re-design its proposed improvements, at its sole cost, so as to avoid
utility conflicts, and/or provide sufficient notice to their owners and compensate owners of lhe
utilities from its funds so that they may make the necessary adjustments. Damage to any
utilities, which in the sole reasonable opinion of the CITY is caused by negligence on the part of
the DESIGN/BUILD FIRM, shall be repaired at the DESIGN/BUILD FIRM'S expense.
ARTICLE 35 CONTINUING THE WORK
35.01 DESIGN/BUILD FIRM shall carry on the Project and adhere to the CPM Project Schedule
during all disputes or disagreements with CITY, including disputes or disagreements concerning
a request for a Change Order, a request for a change in the Contract Price or Contract Time. No
work shall be delayed or postponed pending resolution of any disputes or disagreements. The
provisions of this Article shall be subject to all other applicable provisions of this Agreement.
ARTICLE 36 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
36.01 The Contract Administrator shall have the right to approve and issue Field Orders setting
forth written interpretations of the intent of the Contract Documents to Construction Manager
and ordering minor changes in contract execution, providing the Field Order involves no change
in the Contract Price or the Contract Time.
36.02 The Contract Administrator shall have the right to approve and issue to DESIGN/BUILD
FIRM supplemental instructions setting forth the written orders, instructions, or interpretations
concerning the Contract Documents or performance therein, provided they make no major
changes in Contract execution and involve no change in the Contract Price or the Contract
Time.
ARTICLE 37 CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS
37.01 Without invalidating the Contract and without notice to any surety, CITY reserves, and
shall have the right from time to time, to make such increases, decreases or other changes in
the character or quantity of the Work as may be considered necessary or desirable to complete
fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional
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work within the scope of this Project must be accomplished by means of appropriate Field
Orders and Supplemental lnstructions, or Change Orders.
37.02 Changes to the terms of the Contract Documents must be contained in a written
document, executed by the pa(ies hereto, with the same formality and of equal dignity prior to
the initiation of any work reflecting such change. This section shall not prohibit the issuance of
Change Orders executed only by CITY as hereinafter provided.
37.03 The actual cost of the Payment and Performance Bond as a result of accepted changes
in the Work shall be added to or deducted from the cost of the changes in the Work.
37.04 Notification of Chanqe of Contract Time or Contract Price
37.04.01 Any claim for a change in the Contract Time or Contract Price shall be
made by written notice delivered by DESIGN/BUILD FIRM to the Contract Administrator
within five (5) calendar days of the commencement of the event giving rise to the claim
(which may include an occurrence or omission that DESIGN/BUILD FIRM contends
delays the Work, or receipt of an order, inslruction, Contracl Administrator's
supplemental information, or other directive changing the Work, or any other occurrence
that DESIGN/BUILD FIRM contends causes a change in Contract Time or Gontract
Price) and stating the general nature of the claim. Notice of the nature and elements of
the claim shall be delivered within twenty (20) calendar days after the date of such
written notice. Thereafter, within twenty (20) calendar days of the termination of the
event giving rise to the claim, notice of the extent of the claim with supporting data shall
be delivered, unless Contract Administrator and DESIGN/BUILD FIRM allows an
additional period of time to ascertain more accurate data in support of the claim, and
shall be accompanied by DESIGN/BUILD FIRM's written statement that the adjustment
claimed is the entire adjustment to which the DESIGN/BUILD FIRM has reason to
believe it is entitled as a result of the occurrence of said event. All claims for adjustment
in the Contract Time or Contract Price shall be determined by Project Manager and
Contract Administrator in accordance with Article 11 hereof, if Project Manager, Contract
Administrator and DESIGN/BUILD FIRM cannot otherwise agree. NO CLAIM FOR AN
ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT PRICE WILL BE VALID
UNLESS IT IS SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS
OF THIS SECTION.
37.04.02 The Contract Time will be extended in an amount equal to time lost due to
delays beyond the control of and through no fault, negligence, or act or omission of
DESIGN/BUILD FIRM if a claim is made therefore as required by the Contract. Such
delays shall include, but not be limited to, acts or neglect by any separate contractor
employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather
conditions, acts of God, or acts of terrorism.
37.04.03 Extensions to the Contract Time for delays caused by the effects of
inclement weather shall be submitted as a request for change in Contract Time pursuant
to this Article 37. These lime extensions are justified only when rain or other inclement
weather conditions or related adverse soil conditions prevent DESIGN/BUILD FIRM from
productively performing controlling items of work; identified on the accepted schedule or
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updates resulting in: (1) DESIGN/BUILD FIRM being unable lo work at least fifty percent
(50%) of the normal work day on controlling items of work identifled on the accepted
CPM Prolect Schedule or updates due to adverse weather conditions; or (2)
DESIGN/BUILD FIRM must make major repairs to the Work damaged by weather,
provided the damage was not attributable to a failure or neglect by DESIGN/BUILD
FIRM, and provided that DESIGNiBUILD FIRM was unable to work at least fifty percent
(50%) of the normal work day on controlling items of work identified on the accepted
CPM Project Schedule or approved updates. No time extension will be allowed for
weekend rains unless the DESIGN/BUILD FIRM has been working weekends on a
regular basis on exterior Work.
37.04.04 The DESIGN/BUILD FIRM agrees and acknowledges that no ground for
an extension to the Contract Time or Contract Price shall arise as a result of any
reasonably foreseeable condition at the Project site, or as a result of anything contained
in the Contract Documents.
37.05 Chanqe Orders
37.05.01 Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental lnstructions,
including all changes resulting in changes in the Contract Price, or the Contract Time,
shall be authorized only by Change Orders approved and issued by CITY to the extent
permitted under this Agreement.
37.05.02 The Project Manager, as authorized by the Contract Administrator, may
initiate a Change Order request ("Change Order Request"), setting forth in detail the
nature of the requested change. Upon receipt of a Change Order Request, the
DESIGN/BUILD FIRM shall review the Change Order Request with the Project Manager
and Contract Administrator prior to furnishing to the Project Manager a statement setting
forth in detail, with a suitable detailed breakdown in Construction Specifications lnstitute
(CSl) format, including a breakdown of labor and materials, the DESIGN/BUILD FIRM's
estimate of the changes in the cost of the Work and changes to any other Contract Price
elements attributable to the changes set forth in such Change Order Request, and
proposed adjustments, if any, to the Contract Time resulting from such Change Order
Request. lf the Contract Administrator accepts such DESIGN/BUILD FIRM's estimate, a
Change Order shall be processed by the CITY and delivered to the DESIGN/BUILD
FIRM for execution. Agreemenl on any Change Order shall constitute a final settlement
on all items affected therein, including without limitation any adjustment in the cost of the
Work, DESIGN/BUILD FIRM's, Guaranteed Maximum Price, or the Contract Time,
subject to performance thereof and payment therefore pursuant to the terms of this
Contract and such Change Order. Changes in Contract Time will only be considered by
the CITY when Contractor provides sufficient documentation delineating the daily impact
to controlling items (Critical Path) identified in the orlginal approved CPM Project
Schedule.
37.05.03 The DESIGN/BUILD FIRM's fee on such changes shall be a percentage
of the net change to the cost of the Work resulting from the Change Order, not to exceed
ten percent (10%).
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Subcontractor's percentage markup on Change Orders for overhead and profit shall be
reasonable, but in no event shall the aggregate of the Subcontractor's overhead and
profit markups exceed seven and a half percent (7 .5%) of the Subcontractor's cost of the
Work. ln the event Subcontractor is affiliated with the Contractor by common ownership
or management, or is effectively controlled by the Contractor, no fee will be allowed on
the Subcontractor's costs. ln the event there is more than one level of Subcontractor,
such as second and third tier Subcontractors, the sum of all of the Subcontractors'
percentage markups for overhead and profit shall not, in the aggregate, exceed ten
percent (10ok) of the cost of the Work. Subcontractor's cost of the Work shall be
determined in accordance with Article 12, hereof.
37.05.04 Contractor shall not start work on any alteration requiring an increase in
the Contract Price or the Contract Time until a Change Order setting forth the
adjustments is approved by the CITY unless there is an immediate need to perform the
work to maintain the CPM Prolect Schedule. lf there were such a need, the Contract
Administrator will issue direction to perform the work on the basis of a preliminary
estimate provided by the Contractor and approved by the Project Manager. Upon receipt
of a Change Order Contractor shall promptly proceed with the work set forth within the
document.
37.05.05 ln the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change Order has not
been issued, CITY reserves the right at its sole option to either terminate the Contract as
it applies to the items in question and make such arrangements as may be deemed
necessary to complete the disputed work; or submit the matter in dispute to Project
Manager and Contract Administrator as set forth in Article 11, hereof. During the
pendency of the dispute, and upon receipt of a Change Order, DESIGN/BUILD FIRM
shall promptly proceed with the change in the Work involved and advise the Project
Manager and Contract Administrator in writing within five (5) calendar days of
DESIGN/BUILD FIRM's agreement or disagreement with the method, if any, provided in
the Change Order for determining the proposed adjustment in the Contract Price or
Contract Time.
37.05.06 Upon approval of any Contract change increasing the Contract Price,
DESIGN/BUILD FIRM shall ensure that the Performance Bond and Payment Bond are
increased so that each reflects the total Contract Price as increased"
37.05.07 Change Orders may be issued unilaterally by CITY.
37.05.08 The DESIGN/BUILD FIRM hereby waives any claim not made with a
timely request for a Change Order.
37.05.09 Notwithstanding anything in this Article 37, or in any other term or
condition of this Agreement, DESIGN/BUILD FIRM acknowledges and agrees that
after the Guaranteed Maximum Price has been established, no Ghange Order shall
be approved in the case where the DESIGN/BUILD FIRM encounters a DCP
discrepancy and has failed to foresee and/or coordinate any conditions in the
Ar I nre 20r4-253-YG
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Work, including conflicts between the Contract Documents, Plans and
Specifications, and the existing Project site conditions, utilities, and unforeseen
underground conditions, which will cause an increase to the Contract Price or the
Contract Time.
37.05.10 No change in the Guaranteed Maximum Price shall be allowed for delays
caused by labor disputes and strikes specific to the Project, or for other delay caused by
the DESIGN/BUILD FIRM or its Subcontractors or suppliers of any tier.
37.05.11 The DESIGNiBUILD FIRM waives all claims for additional time or
additional compensation for Work performed without a written Change Order, unless as
stated in Subsection 37.05.04.
37.05.12 The DESIGN/BUILD FIRM agrees that, regardless of the pendency of any
claim for additional compensation or time, the DESIGN/BUILD FIRM shall continue to
execute all Work. The DESIGNiBUILD FIRM shall take all reasonable measures to
minimize the effect of the pendency of a claim.
37.05.13 Should a material discrepancy be found between the DCP and the
Contract Documents, and provided only that said discrepancy results from the regulatory
review of an agency that has regulatory authority over the permitting process, the CITY
shallissue a Change Orderto the DESIGN/BUILD FIRM.
37.05.14 DESIGN/BUILD FIRM shall not include or request payment
Change Orders that have not been formally and fully approved and executed
appropriate parties.
ARTICLE 38 DIFFERING SITE CONDITIONS
38.01 No equitable adjustment to the Contract shall be allowed for DESIGN/BUILD FIRM and
no change to Contract Price or Contract Time, in the event that during the course of the Work
DESIGN/BUILD FIRM encounters an existing condition that was not shown on the Contract
Documents; or subsurface or concealed conditions at the Project site which differ materially
from those shown on the Contract Documents and from those ordinarily encountered and
generally recognized as inherent in work of the character called for in the Contract Documents;
or unknown physical conditions of the Project site, of an unusual nature, which differ materially
from that ordinarily encountered and generally recognized as inherent in work of the character
called for in the Contract Documents.
ARTICLE 39 (This Article left intentionallv blank)
ARTICLE 40 NO DAMAGES FOR DELAY
40.01 NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF
TIME SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS.
DESIGN/BUILD FIRM shall not be entitled to an increase in the Contract Price or payment or
compensation of any kind from CITY for direct, indirect, consequential, impact, or other costs,
expenses or damages including, but not limited to, costs of acceleration or inefficiency arising
on any
by the
ta I cre 2o14-253-YG
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because of delay, diYGuption, interference or hindrance from any cause whatsoever, whether
such delay, diYGuption, interference, or hindrance be reasonable or unreasonable, foreseeable
or unforeseeable, or avoidable or unavoidable; provided, DESIGN/BUILD FIRM hindrances or
delays are not due solely to fraud, bad faith or active interference on the part of CITY or its
agents. Unless the delay is due solely to fraud, bad faith, or active interference by the City,
DESIGN/BUILD FIRM shall be entitled only to extensions of the Contract Time as the sole and
exclusive remedy for such resulting delays, in accordance with and to the extent specifically
provided above. The specific application of this Article to other provisions of this Agreement
shall not be construed as a limitation of any sort upon the further application of this Article. Ten
Dollars ($10.00) of DESIGN/BUILD FIRM'S fee is acknowledged as separate and independent
consideration for the covenants contained in this Article.
ARTICLE 41 SUBSTANTIAL COMPLETION
41 .01 When DESIGN/BUILD FIRM considers that the Prolect, or a designated portion thereof,
which is acceptable to CITY (in the event CITY chooses to accept same pursuant to the sole
authority and discretion afforded to it under Article 30 hereof), is substantially complete,
DESIGN/BUILD FIRM shall so notify the Contract Administrator and Project Manager, in writing,
and shall prepare for submission to the Contract Administrator and Project Manager a thorough
list of items to be completed or corrected, together with a schedule for completion of all items.
The failure to include any items on such list does not alter the responsibility of DESIGN/BUILD
FIRM to complete all Work in accordance with the Contract Documents. The Contract
Administrator, Project Manager, and such other persons as they may deem necessary, shall
conduct a joint inspection to determine that the Project (or designated portion thereof) is
substantially complete. The Contract Administrator will then instruct DESIGN/BUILD FIRM to
prepare and deliver to the Contract Administrator a Certificate of Substantial Completion which
shall establish the date of Substantial Completion for the Project (or that portion of the Project).
After review of the certificate by the Contract Administrator, CITY shall either accept or reject
the certificate. Acceptance of Substantial Completion by CITY shall be based upon compliance
with the Contract Documents and Applicable Laws. DESIGN/BUILD FIRM shall have thirty (30)
days to complete the items listed therein. Warranties required by the Contract Documents and
submitted in appropriate form to the Contract Administrator along with the request for
Substantial Completion shall commence on the date of Substantial Completion of the Pro.lect (or
for that portion of the Project). The Ce(ificate of Substantial Completion shall be submitted to
CITY through the Contract Administrator and DESIGN/BUILD FIRM for their written acceptance
of the responsibilities assigned to them in such Certificate.
ARTICLE 42 SHOP DRAWINGS AND SCHEDULE OF VALUES
42.01 DESIGN/BUILD FIRM shall submit Shop Drawings for all equipment, apparatus,
machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose
of a Shop Drawing is to show the suitability, efficiency, technique of manufacture, installation
requirements, details of the item and evidence of its compliance or noncompliance with the
Contract Documents.
42.02 DESIGN/BUILD FIRM shall submit to the Contract Administrator, within thirty (30)
calendar days following the application for a building permit, a complete list of preliminary data
on items for which Shop Drawings are to be submitted. Approval of this list by the Contract
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Administrator, which approval shall be in writing, shall in no way relieve DESIGN/BUILD FIRM
from submitting complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in order to expedite final
approval of Shop Drawings.
42.03 After the approval of the list of items required in Subsection 42.02, DESIGNiBUILD
FIRM shall promptly request Shop Drawings from the various manufacturers, fabricators, and
suppliers.
42.04 DESIGN/BUILD FIRM shall thoroughly review and check the Shop Drawings and each
and every copy shall show DESIGN/BUILD FIRM'S approval thereon.
42.05 lf the Shop Drawings show or indicate departures from the Contract requirements,
DESIGN/BUILD FIRM shall make specific mention thereof in its shop drawing submittal and a
separate letter. Failure to point out such departures shall not relieve DESIGN/BUILD FIRM from
its responsibility to comply with the Contract Documents. Contract Administrator shall
determine acceptability of change and, in considering said change, may require data, technical
comparisons, cost comparisons, quality comparisons and/or calculations to determine the
equality of deviations. Contract Administrator is not obligated to accept deviations.
42.06 No work called for by Shop Drawings shall be done until the said Drawings have been
furnished to and accepted, in writing, by the Contract Administrator. Contract Administrator shall
respond to Shop Drawings pre-approved by Consultant with objections or acceptance within ten
(10) business days of receipt. Acceptance is for design intent only and shall not relieve
DESIGN/BUILD FIRM and Consultant from responsibility for fit, form, function, quantity or for
errors or omissions of any sort on the Shop Drawings.
42.07 No acceptance will be given to partial submittal of Shop Drawings for items which
interconnect and/or are interdependent. lt is DESIGNiBUILD FIRM'S responsibility to assemble
the Shop Drawings for all such interconnecting and/or independent items, check them, and then
make one (1) submittal to the Contract Administrator, along with DESIGN/BUILD FIRM'S
comments as to compliance, noncompliance, or features requiring special attention.
42.08 lf catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
Drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink. Catalog sheet with multiple options shall be highlighted to depict specific
pertinent data including options.
42.09 DESIGN/BUILD FIRM shall submit to
submissions of Shop Drawings shall be made
obtained.
Contract Administrator eight (8) copies. Re-
in the same quantity until final acceptance is
42.10 Contract Administrator's acceptance of the Shop Drawings, as approved by
DESIGN/BUILD FIRM, will be for general compliance with the Plans and Specifications, and
shall not relieve DESIGN/BUILD FIRM of responsibility for the accuracy of such Drawings, nor
for the proper fittings and construction of the Work, nor for the furnishing of the Materials or
Work required by the Contract and not indicated on the Drawings.
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42.11 DESIGN/BUILD FIRM shall keep one (1) set of Shop Drawings, marked with the
Contract Administrator's acceptance, at the Project site at all times.
42.12 The DESIGN/BUILD FIRM shall submit a Schedule of Values to the Contract
Administrator as specified in the Technical Specifications. DESIGNiBUILD FIRM shall submit to
the Contract Administrator a separate Schedule of Values for demolition, abatement, and site
work thirty (30) calendar days prior to commencing such portion of the Work. The schedule will
be typed on 8-112" x 11" white paper listing: title of Prolect, location, Project number, Consultant,
Contractor, Contract designation, and date of submission. The schedule shall list the installed
value of the component parts of the work in sufficient detail to serye as a basis for computing
values for progress payments during the construction. The table of contents of the specifications
shall establish the format for listing the component items. Each line item will be identified by the
number and title of the respective major section of the specifications. For each line item,
DESIGNiBUILD FIRM shall list the sub-values of major products or operations under the item.
Each item shall include the proportion of DESIGN/BUILD FIRM'S overhead and profit. For any
items for which progress payments will be requested for stored materials, the value will be
broken down with:
42.12.01 The cost of materials delivered, unloaded, properly stored and
safeguarded, with taxes paid; and
42j2.02 The total installed value.
ARTICLE 43 F!ELD ENGINEERING
43.01 The DESIGN/BUILD FIRM shall provide and pay for field engineering services required
for the Project. This work shall include the following elements:
43.01.01 Survey work required in execution of the Project.
43.01 .02 Civil, structural or other professional engineering, architectural, landscape
architectural, or land surveying services specified, or required to execute the
DESIGN/BUILD FIRM'S construction methods.
43.02 The survey completed by DESIGN/BUILD FIRM will identify the qualified engineer or
registered land surveyor, acceptable to the CITY, and he or she shall be retained by the
DESIGN/BUILD FIRM at the outset of this Prolect.
43.03 The survey will locate and protect control points prior to starting site work, and will
preserve all permanent reference points during construction.
43.03.0'1 No changes or relocations will be made without prior written notice to the
Contract Administrator.
43.03.02 A written report shall be
reference point is lost or destroyed,
changes in grades or locations.
Contract Administrator when any
relocation because of necessary
made to the
or requires
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43.03.03 The surveyor shall be requlred to replace Project control points which
may be lost or destroyed. The surveyor shall be duly registered as a surveyor or
mapper, as required by state law.
43.03.04 Replacements shall be established based upon original survey control.
ARTIGLE 44 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
44.01 The entire responsibility for establishing and maintaining a line and grade in the field lies
with DESIGN/BUILD FIRM. DESIGN/BUILD FIRM shall maintain an accurate and precise
horizontal and vertical record of the existing pavement conditions; final pavement conditions;
and all pipe lines, conduits, structures, underground utility access portals, handholes, fittings,
etc. encountered or installed during construction. DESIGN/BUILD FIRM shall deliver these
records in good order to the Contract Administrator as the work is completed. These records
shall serve as a basis for "as-built" drawings. The cost of all such field layout and recording work
is included in the Contract Price.
44.02 DESIGN/BUILD FIRM shall maintain in a safe place at the site, one (1)record copy of
the Plans and Specifications, addenda, written amendments, Change Orders and written
interpretations and clarifications, in good order and annotated to show all changes made during
construction. These record documents, together with all approved samples and a counterpart of
all approved Shop Drawings, will be available to Contract Administrator for reference. Upon
completion of the Project, these record documents, samples and Shop Drawings shall be
delivered to Contract Administrator.
44.03 At the completion of the Project, the DESIGN/BUILD FIRM shall turn over to the CITY a
set of reproducible drawings (Mylars) and a complete set of all drawings in the latest version of
AutoCAD on Compact Disk, not compressed, which accurately reflect the "as-built" conditions of
the new facilities. All changes made to the Construction Documents, either as clarifications or as
changes, will be reflected in the plans. The changes shall be submitted on Mylar at least
monthly to the Contract Administrator. These "as-built" drawings on Mylar and the latest version
of the AutoCAD format media must be delivered and found to be acceptable prior to final
payments.
ARTICLE 45 SAFETY AND PROTECTION
45.01 DESIGN/BUILD FIRM shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project. DESIGN/BUILD FIRM shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
45.01.01
thereby;
All employees on the Prolect and other persons who may be affected
45.01.02 All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
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45.01 .03 Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction.
45.02 DESIGN/BUILD FIRM shall comply with all Applicable Laws, for the safety of persons or
property or to protect them from damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. DESIGN/BUILD FIRM shall notify owners
of adjacent property and utilities when prosecution of the work may affect them. All damage,
injury or loss to any property referred to in Sections 45.01.02 and 45.01 .03 above, caused
directly or indirectly, in whole or in part, by DESIGN/BUILD FIRM, any Subcontractor or
Consultant, or anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, shall be remedied by DESIGN/BUILD FIRM; however,
DESIGN/BUILD FIRM shall not be liable for injury or damage caused by the gross negligence or
willful misconduct of the CITY, its employees, consultants or its separate contractors.
DESIGN/BUILD FIRM'S duties and responsibilities for the safety and protection of the Project
shall continue until such time as all the Project is completed and the Contract Administrator has
issued a notice to DESIGN/BUILD FIRM that the Prolect is acceptable except, as otherwise
provided in Article 30.
45.03 DESIGN/BUILD FIRM shall designate a responsible member of its organization at the
Project site whose duty shall be the prevention of accidents. This person shall be
DESIGN/BUILD FIRM'S Project Representative unless otherwise designated in writing by
DESIGN/BUILD FIRM to CITY.
ARTICLE 46 ffhis Article left intentionallv blank)
ARTICLE 47 ( This Article left intentionallv blank)
ARTICLE 48 CLEANING UP AND REMOVAL OF EQUIPMENT
48.01 DESIGN/BUILD FIRM shall at all times keep the Project site free from accumulation of
waste materials or rubbish caused by DESIGN/BUILD FIRM'S operations. At the completlon of
the Project, DESIGN/BUILD FIRM shall remove all its waste materials and rubbish from and
about the Project as well as its tools, construction equipment, machinery and surplus materials.
lf DESIGN/BUILD FIRM fails to clean up at the completion of the Project, CITY may do so, and
the cost thereof shall be charged to DESIGN/BUILD FIRM.
48.02 CITY'S Right to Clean-Up: lf a dispute arises between DESIGN/BUILD FIRM and
separate contractors as to responsibility for cleaning up, CITY may clean up and charge the
cost thereof to the contractors responsible therefore, as the Contract Administrator shall
determine to be just. This provision is solely for cleaning.
48.03 Removal of Equipment: ln case of termination of this Agreement before completion for
any cause whatever, DESIGN/BUILD FIRM, if notified to do so by CITY, shall promptly remove
any part or all of DESIGN/BUILD FIRM'S equipment and supplies from the property of CITY,
failing which CITY shall have the right to remove such equipment and supplies at the expense
of DESIGN/BUILD FIRM.
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ARTIGLE 49 (This Article left intentionallv blank)
ARTICLE 50 BONDS AND INSURANCE
DESIGN/BUILD FIRM shall furnish, or cause to be furnished, on or before fifteen (15) days after
execution of this Agreement, the following:
50.01 Performance Bond and Payment Bond (Surety):
50.01.01 A performance bond and payment bond of the form and containing all the
provisions attached hereto and made a part hereof. Payment and Performance bonds
may be in the form of dual obligee bonds from the Contractor in the amount of the
contract between the DESIGN/BUILD FIRM and the Contractor, naming the CITY and
DESIGN/BUILD FIRM as dual obligees. DESIGN/BUILD FIRM shall provide payment
and performance bonds in the remaining amount of the Contract Price naming the CITY
as the obligee on those bonds.
50.01 .02 The Bonds shall be in the amount of one hundred percent ('100%) of the
Contract amount guaranteeing to CITY the completion and performance of the Project
covered in this Agreement as well as full payment of all suppliers, malerial persons,
laborers, or Subcontractors employed pursuant to this Project. Such Bonds shall be with
a surety company which is qualified pursuant to Section 50.03.
50.01.03 Such Bonds shall continue in effect for one year after completion and
acceptance of the Project with liability equal to one hundred percent (1000/o) of the
Contract Price, or an additional bond shall be conditioned that DESIGN/BUILD FIRM
will, upon notification by CITY, correct any defective or faulty work or materials which
appear within one year after completion and acceptance of the Project.
-oR-
50.02 Performance and Payment Guaranty:
50.02.01 ln lieu of a performance bond and payment bond, DESIGN/BUILD FIRM
may furnish an alternate form of security which may be in the form of cash, money order,
certified check, cashiers check or irrevocable letter of credit. Such alternate forms of
security shall be for the same purpose and shall be subject to the same conditions as
those applicable above and shall be held by CITY for one year after complelion and
acceptance of the Project.
50.03 Qualifications of Surety:
50.03.01 A separate performance bond and payment bond must be executed by a
surety company of recognized standing, authorized to do business in the State of Florida
as surety, having a resident agent in the state of Florida and having been in business
with a record of successful continuous operation Ior at least five (5) years.
50.03.02 ln addition to the above-minimum qualifications, the surety company must
meet at least one of the following additional qualifications:
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50.03.02.01 The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United States Department
of Treasury Circular 570, Current Revisions. lf the amount of the Bond exceeds
the underwriting limitation set forth in the circular, in order to qualify, the net
retention of the surety company shall not exceed the underwriting limitation in the
circular, and the excess risks must be protected by coinsurance, reinsurance, or
other methods in accordance with Treasury Circular 297, revised September 1,
1978 (31 CFR Section 223.10 Section 223.111). Further, the surety company
shall provide CITY with evidence satisfactory to CITY, that such excess risk has
been protected in an acceptable manner.
50.03.02.02 The surety company shall have at least the following minimum
ratings in the latest revision of Best's lnsurance Report:
Amount of Bond
500,001 to 1,020,000
1,020,001 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10, 000, 000
1 0,000,001 to 25,000,000
25,000,001 to 50,000,000
50,000,001 or more
50.04 INDEMNIFICATION OF CITY
Ratings
B+
B+
A
A
A
A
A
Category
Class I
Class ll
Class lll
Class lV
Class V
Class Vl
Class Vll
50.04.01 ln consideration of twenty-five dollars ($25.00), separately acknowledged
by DESIGN/BUILD FIRM, and other valuable consideration, DESIGN/BUILD FIRM shall
indemnify and save harmless CITY, its officers, agents and employees, from or on
account of any injuries or damages, received or sustained by any person or persons
during or on account of any construction activities of DESIGN/BUILD FIRM its
Consultant, Contractor, or any Subcontractors, Subconsultants, agents, servants, or
employees connected with the Project; or by or in consequence of any negligence of
DESIGN/BUILD FIRM, its Consultant, Contractor, or any Subcontractors,
Subconsultants, agents, servants, or employees (excluding gross negligence or willful
misconduct of CITY), in connection with the construction activities of the DESIGN/BUILD
FIRM its Consultant, Contractor or any Subcontractors, Subconsultants, agents,
servants, or employees connected with the Project; or by use of any improper materials;
or by or on account of any act, error or omission of DESIGNiBUILD FIRM its Consultant,
Contractor, or any Subcontractor, Subconsultants, agents, servants or employees,
except to the extent caused by CITY. DESIGNiBUILD FIRM agrees to indemnify and
save harmless CITY against any claims or liability arising from or based upon the
violation of any federal, state, CITY or city laws, bylaws, ordinances or regulations by
DESIGN/BUILD FIRM, its Consultant, Contractor, Subcontractors, Subconsultants,
agents, servants or employees (excluding gross negligence or willful misconduct of
CITY). DESIGNiBUILD FIRM further agrees to indemnify and save harmless CITY from
all such claims and fees, and from any and all suits and actions of every name and
description that may be brought against CITY on account of any claims, fees, royalties,
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or costs for any invention or patent, and from any and all suits and actions that may be
brought against CITY for the infringement of any and all patents or patent rights claimed
by any person, firm, or corporation. This consideration is separate and distinct from any
other consideration received by DESIGN/BUILD FIRM.
50.04.02 DESIGN/BUILD FIRM further agrees to indemnify, save harmless and
defend CITY, its agents, servants and employees, from and against any claim, demand
or cause of action of whatever kind or nature arising out of any negligent conduct or
misconduct of DESIGN/BUILD FIRM not included in Section 50.04.01 above and for
which CITY, its Consultant, Contractor, Subcontractors, Subconsultants, agents,
servants or employees, are alleged to be liable.
50.04.03 The indemnification provided above shall obligate DESIGN/BUILD FIRM
to defend at its own expense to and through appellate, supplemental or bankruptcy
proceeding, or to provide for such defense, at CITY'S option, any and all claims of
liability and all suits and aclions of every name and description that may be brought
against CITY which may result from the operations and activities under this Agreement
whether the construction operations be performed by DESIGN/BUILD FIRM, its
Consultant, Contractor, Subcontractors, its Subconsultants, or by anyone directly or
indirectly employed by any of the above.
50.04.04 The execution of this Agreement by DESIGN/BUILD FIRM shall obligate
DESIGN/BUILD FIRM to comply with the foregoing indemnification provision. The
obligations under this Section 50.04 shall survive termination and/or other expiration of
this Agreement.
50.05 INSURANCE: The contractor shall furnish to Department of Procurement Management,
City of Miami Beach, 1700 Convention Center Drive, 3'o Floor, Miami Beach, Florida 33139,
Certificate(s) of lnsurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
A. Worker's Gompensation lnsurance for all employees of the vendor as required
by Florida Statute 440.
B. Commercial General Liability on a comprehensive basis, including Contractual
Liability, Products/Completed Operations, in an amount not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage. City
of Miami Beach must be shown as an additional insured with respect to this
coverage.
C. Automobile Liability lnsurance covering all owned, non-owned and hired
vehicles used in connection with the work, in an amount not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage.
D. Professional (Design Errors & Omissions) Liability lnsurance in an amount
not less than $1 ,000,000 with the deductible per claim, if any, not to exceed 10%
of the limit of liability. The policy must be endorsed to provide coverage for up to
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three (3) years after project completion. The policy is to be on a primary basis if
other professional liability is carried.
E. lnstallation Floater lnsurance including coverage for material & equipment to
be installed during the course of this project. City of Miami Beach shall be
included as a Named lnsured on this policy, as its insurable interest may appear.
This policy shall remain in force until acceptance of the project by the City.
All deductibles for insurance required in this Agreement are the responsibility of
the Contractor.
The insurance coverage required shall include those classifications, as listed in standard liability
insurance manuals, which most nearly reflect the operations of the vendor.
All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less
than "Class V' as to financial strength, by the latest edition of Best's lnsurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,
subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the
latest "List of All lnsurance Companies Authorized or Approved to Do Business in
Florida" issued by the State of Florida Department of lnsurance and are members
of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30)
days in advance notice to the ce(ificate holder.
CERTIFIGATE HOLDER MUST READ:
CITY OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE, 3.d FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
ARTICLE 51 MISCELLANEOUS
51.01 ROYALTIES AND PATENTS: All fees, royalties, and claims for any invention, or
pretended invention, or patent of any article, material, arrangement, appliance or method that
may be used upon or in any manner be connected with the construction of this Project or
appurtenances, are hereby included in the prices stipulated in this Agreement for said Project.
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51.02 DATUM: All elevations are to refer to the North American Vertical Datum of 1988
(NAVD).
51.03 RIGHTS OF VARIOUS INTERESTS: Whenever work being done by CITY'S forces or by
other contractors is contiguous to work covered by this Agreement, the respective rights of the
various interests involved shall be established by the Contract Administrator to secure the
completion of the various portions of the work in general harmony.
51 .04 ASSIGNMENT: This Agreement shall not be assigned or subcontracted a whole without
the written consent of the City, nor shall DESIGN/BUILD FIRM assign any monies due or to
become due to it hereunder, without the prior written consent of the City.
51.05 NO INTEREST: Any monies not paid by CITY when claimed to be due to
DESIGN/BUILD FIRM under this Agreement shall not be subject to interest. However, the
provisions of CITY'S prompt payment ordinance, as such relates to timeliness of payment, and
the provisions of Section 218.74(4), Florida Statutes, as such relates to the payment of interest,
shall apply to valid and proper invoices.
5'1 .06 OWNERSHIP OF DOCUMENTS: Drawing, specifications, design, models, photographs,
computer AutoCAD disks, repo(s, surveys, and other data provided in connection with this
Agreement and for which CITY has rendered payment, are and shall become and remain the
property of CITY whether the Project for which they are made is executed or not. lf this
Agreement is terminated for any reason prior to completion of the Work, CITY may, in its
discretion, use any design and documents prepared hereunder for the purpose of completing
the Project, provided that CITY has paid for same; and provided further that if such termination
occurs prior to completion of documents and/or through no fault of DESIGN/BUILD FIRM;
DESIGN/BUILD FIRM shall have no liability for such use; and provided further that any reuse
without the written verification or adaptation of DESIGN/BUILD FIRM for the specific purpose
intended will be without liability or legal exposure to DESIGN/BUILD FIRM. At the completion of
the Project, as part of the Project closeout, copies of all drawings on AutoCAD disks shall be
transmitted from DESIGN/BUILD FIRM to the Contract Administrator within seven (7) calendar
days of termination of this Agreement in addition to the record drawing. The provisions of this
clause shall survive termination or expiration of this Agreement and shall thereafter remain in
full force and effect. Any compensation due to DESIGN/BUILD FIRM shall be withheld until all
documents are received as provided herein. Notwithstanding the foregoing, the CITY retains
ownership of any and all documents provided to the DESIGN/BUILD FIRM and has full use
thereof without any further payment.
51,07 RECORDS
DESIGN/BUILD FIRM shall keep such records and accounts and require its Contractor,
Consultant, and Subcontractors to keep records and accounts as may be necessary in order to
record complete and correct entries as to personnel hours charged to this engagement. Such
books and records will be available at all reasonable times for examination and audit by CITY
and shall be kept for a period of three (3) years after the completion of the Project pursuant to
this Agreement. lncomplete or incorrect entries in such books and records will be grounds for
disallowance by CITY of any fees or expenses based upon such entries.
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51.08 NONDISCRIMINATION, EOUAL
AMERICANS WITH DISABILITIES ACT
EMPLOYMENT OPPORTUNITY, AND
DESIGN/BUILD FIRM shall not unlawfully discriminate against any person in its operations and
activities in its use or expenditure of the funds or any portion of the funds provided by this
Agreement and shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act in the course of providing any services funded in whole or in part by CITY,
including Titles I and 1'1 of the (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards.
DESIGN/BUILD FIRM'S decisions regarding the delivery of work and services under this
Agreement shall be made without regard to or consideration of race, age, religion, color, gender,
sexual orientation, national origin, marital status, physical or mental disability, political affiliation,
or any other factor which cannot be laMully or appropriately used as a basis for service delivery.
DESIGNiBUILD FIRM shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not discriminate
against any employee or applicant for employment because of race, age, religion, color, gender,
sexual orientation, national origin, marital status, political affiliation, or physical or mental
disability. ln addition, DESIGN/BUILD FIRM shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but not
be limited to, the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms
and conditions of employment, training (including apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color, gender, sexual orientation,
national origin, marital status, political affiliation, or physical or mental disability during
employment. Such actions shall include, but not be limited to, the following: employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
pay, other forms of compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall not engage in or commit any discriminatory practice in violation of
the CITY'S Human Rights Ordinance, as same may be amended form time to time, in
performing the Scope of Services or any part of the Scope of Services of this Agreement.
5'1 .09 NO CONTINGENT FEE: DESIGN/BUILD FIRM warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for
DESIGN/BUILD FIRM to solicit or secure this Agreement and that it has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for DESIGN/BUILD FIRM, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of this provision, CITY shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the Contract Price, or otherwise recover, the full
amount of such fee, commission, percentage, gift or consideration.
51.10 ALL PRIOR AGREEMENTS SUPERSEDED: AMENDMENTS: The Contract Documents
incorporate and include all prior negotiations, correspondence, conversations, agreements or
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understandings applicable to the matters contained herein, and the parties agree that there are
no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in the Contract Documents. Accordingly it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a wrilten document executed with the
same formality and of equal dignity herewith.
51 .11 NOTICES: Whenever either party desires to give notice unto the other, it must be given
by written notice, sent by certified United States mail, with return receipt requested, addressed
to the party for whom it is intended, at the place last specified; and the place for giving of notice
shall remain such until it shall have been changed by written notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice:
FOR CITY:
City of Miami Beach
Capital lmprovement Projects Office
1700 Convention Center Drive
Miami Beach, Florida 33139
cio CIP Director
WITH COPY TO:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
c/o City Manager
and
City of Miami Beach
'l 700 Convention Center Drive
Miami Beach, Florida 331 39
c/o City Attorney
FOR DESIGN/BUILD FIRM:
51.12 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature of this Agreement by
DESIGN/BUILD FIRM shall act as the execution of a Truth-in-Negotiation Certificate stating that
wage rates and other factual unit costs supporting the compensation of this Agreement are
accurate, complete, and current at the time of contracting. The original Contract Price and any
additions thereto shall be adjusted to exclude any significant sums by which CITY determines
the Contract Price was increased due to inaccurale, incomplete, or non-current wage rates and
other factual unit costs. All such Contract adjustments shall be made within one (1) year
following completion and acceptance of the Project.
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51 .13 INTERPRETATION: The parties hereto acknowledge and agree that the language used
in this Agreement expresses their mutual intent, and no rule of strict construction shall apply to
either pa(y hereto. The headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement shall include the other gender, and the singular shall include
the plural, and vice versa, unless the context otherwise requires. Terms such as "herein,"
"hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to the
particular sentence, paragraph or section where they appear, unless the context requires
othenivise. Whenever reference is made to a Section or Article of this Agreement, such
reference is to the Section or Article as a whole, including all of the subsections and
subparagraphs of such Section or Article, unless the reference is expressly made to a pa(icular
subsection or subparagraph of such Section or Article.
51.14 RECYCLED CONTENT: ln support of the Florida Wasle Management Law,
DESIGNiBUILD FIRM is encouraged to supply any information available regarding recycled
material content in the products provided. CITY is pa(icularly interested in the type of recycled
material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled
material contained In the product. CITY also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the product
has served its intended purpose.
51.15 PUBLIC ENTITY CRIMES ACT: ln accordance with the Public Entity Crimes Act,
Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other
provider, who has been placed on the convicted vendor list following a conviction for a Public
Entity Crime, may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of a public
building or public work, may not submit bids on leases of real property to the CITY, may not be
awarded or perform work as a contractor supplier, Subcontractor or consultant under a contract
with the CITY and may not transact any business with the CITY in excess of the threshold
amount provided in Section 287.017, Florida Statutes, as amended, for category two purchases
for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.
Violation of this section shall result in cancellation of the CITY purchase and may result in
debarment.
51.16 APPLICABLE LAW AND VENUE: This Contract shall be enforceable in Miami-Dade
County, Florida, and if legal action is necessary by either party with respect to the enforcement
of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall
be in Miami-Dade County, Florida. BY ENTERING INTO THIS CONTMCT, DESIGN/BUILD
FIRM AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THE PROJECT.
DESIGN/BUILD FIRM SHALL SPECIFICALLY BIND ITS PROJECT TEAM MEMBERS AND
ANY AND ALL SUBCONTMCTORS TO THE PROVISIONS OF THE CONTRACT.
51.'17 PUBLIC INFORMATION: This DESIGN/BUILD FIRM shall employ or subcontract a
professional Public lnformation Officer, approved by the Contract Administrator, to coordinate
the public information component of the Work. The Public lnformation Officer shall be
responsible for writing public involvement plans for the Project; identifying potential impacts to
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the public as a result of Contract Documents; preparing and disseminating collateral materials to
the public; developing strategic alliances and partnerships with the community; preparing and
presenting project information for meetings; coordinating resolution of issues; maintaining a
database of stakeholders; preparing information for CITY website updates; performing media
responses in writing, as needed; coordinating formal and informal public meetings; and
executing other duties relevant to the position, as deemed necessary by the Contract
Administrator. At a minimum, the DESIGN/BUILD FIRM'S public relations, community
involvement and customer service work, as it relates to the Project, shall include, at no
additional cost to the CITY, the following:
1. Developing a Public lnvolvement Plan;
2. Developing Project-related informational material;
3. Communicating Project information and addressing concerns;
4. Preparing related media communications and informational materials;
5. Coordinating emergency communications;
6. Developing presentations and talking points;
7. Planning, organizing and attending special events and meetings :8. Preparing audio/video presentations;
9. Writing newsletters and feature stories; and
10. Translating collateral material developed.
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lN WRFPESS WHEREOF, the parties have set their hands and seals the day and year first
above written.
ATTEST: THE CITY OF MIAMI BEACH, FLORIDA
City Clerk Mayor
DESIGN/BUILD FIRM MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
[f incorporated sign below]
DESIGN/BUILD FIRM/
ATTEST:
(Secretary)
(Corporate Seal)
(President)
(Print Name and Title)
day of _, 20
ctTY REQUTRES F|VE (5) FULLY-EXECUTED CONTMCTS, FOR DTSTRTBUTTON.
By:
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OO7O8. FORM CERTIFICATE OF INSUMNCE
A certificate of insurance form will be attached here.
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OO71O. FORM OF PERFORMANCE BOND
BY THIS BOND, WE
hereinafter called Contractor ,
to the City of Miami Beach,
as Principal,
as Surety, are bound
Obligee, hereinafter called City, in the amount of
($_) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.:awarded the day of , 20-, with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1.Performs the Contract between Contractor and City for construction of
the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
and
Florida, as
Dollars
2.
3.
Pays City all losses, liquidated damages,
appellate proceedings, that City sustains
Contract; and
Performs the guarantee of all work and
time specified in the Contract; then THIS
FULL FORCE AND EFFECT.
expenses, costs and attorney's fees including
as a result of default by Contractor under the
materials furnished under the Contract for the
BOND IS VOID, OTHERWISE IT REMAINS IN
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
3.1. Complete the Prolect in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Proposer, or, if City elects, upon determination by
City and Surety jointly of the lowest responsible Proposer, arrange for a
contract between such Proposer and City, and make available as work
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progresses (even though there should be a default or a succession of defaults
under the Contract
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this _ day of
WRFPESSES:
Secretary
(coRPoRATE SEAL)
IN THE PRESENCE OF:
20
(Name of Corporation)
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
By:
By:
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128
OO72O. FORM OF PAYMENT BOND
BY THIS BOND, WC
hereinafter called Contractor ,
as Principal,
as Surety, are bound
to the City of Miami Beach, Florida,as Obligee, hereinafter called City, in the amount of
Dollars ($-) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.:awarded the day of 20-, with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
Promptly makes payments to all claimanls as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, lT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1.A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish to Contractor a notice that he intends to look
to the bond for protection.
A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
2.2.
and
1.
2.
2.3.
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2.4. Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provisions prescribed in Section 255.05(2), Florida
Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Conlract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this _ day of 20
Contractor
(Name of Corporation)
ATTEST:
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
By:
(Signature)
(Print Name and Title)
day of 20
INSURANCE COMPANY:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
By:
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00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
t,certify that I am the Secretary of
Payment Bond
who signed the
the corporation named as Principal in the foregoing Performance and
(Performance Bond and Payment Bond); that
Bond(s) on behalf of the Principal, was then of said corporation; that I know
hisiher signature; and his/her signature thereto is genuine; and that said Bond(s) was (were)
duly signed, sealed and attested to on behalf of said corporation by authority of its governing
body.
(sEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA
couNTY oF M|AM|-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who being by me
)
)SS
first duly sworn upon oath says that he/she has been
Performance and Payment Bond (Performance Bond
Contractor named therein in favor of City.
Subscribed and Sworn to before me this
20
My commission expires:
Bonded by
authorized to execute the foregoing
and Payment Bond) on behalf of
day of
Notary Public, State of Florida at Large
lffi | RFP 2014-2s3-YG
131
Beneficiarv:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of lssue
lssuing Bank's No.
Applicant:
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, lssuer name)
by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing
is due to default in performance of certain obligations on the part
(contractor, applicant, customer) agreed upon by and between the City of Miami Beach,
Florida and (contractor), pursuant to the
(applicant, customer) Bid/Contract No. _ for
and Section 255.05, Florida Statutes.
(name of project)
Drafts must be drawn and negotiated not later than
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the City of Miami Beach with written notice of our intent to terminate the credit herein
extended, which notice must be provided at least thirty (30) days prior to the expiration date of
the original term hereof or any renewed one (1) year term. Notification to the City that this
at
I0{ I RFP 2O14-213-YG
132
Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a
default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall
not in any way be modified, or amplified by reference to any documents, instrument, or
agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit
relates, and any such reference shall not be deemed to incorporate herein by reference any
document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under
and in compliance with the terms of this credit that such drafts will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall be released one ('1 ) year after the Final Completion
of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
lnternational Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions
of Florida law. lf a conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise, Florida law shall prevail. lf a conflict between the law of another
state or country and Florida law should arise, Florida law shall prevail.
Authorized Signature
r05l RFP 2O14-2'3-YG
133
OO9OO. SUPPLEMENTARY SPECIFICATIONS
(Not Applicable)
r06 | RFP 20r4-2s3-YG
134
OO92O. ADDITIONAL ARTICLES:
t ] 1. Prevailino Waqe Rate Ordinance [N/A]
This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960
provides that in all non-federally funded construction contracts in excess of one
million dollars to which the City of Miami Beach is a party, the rate of wages and
fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the
contract, shall not be less than the prevailing rate of wages and fringe beneflt
payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The
provisions of this Ordinance shall not apply to the following projects:
a. water, except water treatment facilities and lift stations;b. sewer, except sewage treatment facilities and lift stations;c. storm drainage;d. road construction, except bridges or structures requiring pilings;
ande. beautification projects, which may include resurfacing new curbs,
gutters, pavers, sidewalks, landscaping, new lighting, bus
shelters, bus benches and signage.
[.NOTE: INSERT lF APPLICABLE]
tl 2. Federal Grant Proiects: [N/A]
2.1. By virtue of the fact that the funding of this Project will be delivered in fullor in part from the United States government through
federal assurances must follow
the grant application in addition to any and all supervening assurances
set fo(h in Rules and Regulations published in Federal Register or CFR.
Clauses, terms or conditions required by federal grantor agency are
hereby attached and made a part of this Project Manual.00922.
2.2.
loT l RFP 2014-2s3-YG
135
00922, STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 94-2960
No.
Contract No.Project Title
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by City
of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract.
Dated
(Contractor)
(Signature)
(Print Name and Title)
STATE OF
COUNTY OF
personally known to me or who has produced
identification and who did/did not take an oath.
WRFPESS my hand and official seal, this day of 20
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
My commission expires:
20
By:
By:
SS
The foregoing instrument was acknowledged before me this day of
20_, by who is
AS
los I RFP 2Ot4-2s3-YG
(Serial number, if any)
136
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
Contract No.
Project Title
The undersigned Contractor hereby swears under penalty of perjury that, during the
period covered by the application for payment to which this statement is attached, all
mechanics, laborers, and apprentices, employed or working on the site of the Project,
have been paid at wage rates, and that the wage rates of payments, contributions, or
costs for fringe benefits have not been less than those required by the Davis Bacon Act
and the applicable conditions of the Contract.
Dated
Contractor
(Signature)
(Print Name and Title)
STATE OF
COUNTY OF
The foregoing was acknowledged before me this
who
personally known to me or who has produced
identification and who did/did not take an oath.
WRFPESS my hand and official seal, this day of
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
My commission expires:
No.
20
By:
By:
)
)SS
)
instrument20-, by
day of
is
AS
20
(Serial number, if any)
RFP 20r4-253-YG
137
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
Consultant:
To (City):
BID/CONTRACT NUMBER:
Contractor :
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by Contractor under
the Contract Documents have been received and accepted. The Date of Substantial
Completion of the Project or poftion thereof designated above is hereby established as
which is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by City is the date certified by Consultant
when all conditions and requirements of permits and
regulatory agencies have been satisfied and the Work, is
sufficiently complete in accordance with the Contract
Documents, so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
A list of items to
City, is attached
be completed or corrected, prepared by Consultant
hereto. The failure to include any items on such list
and approved by
does not alter the
r0 | RFP 2014-2s3-YG
138
responsibility of Contractor to complete all work in accordance with the Contract
Documents. The date of commencement of warranties for items on the attached list will
be the date of final payment unless othenarise agreed in writing.
Consultant BY DATE
ln accordance with Section 2.2 of the Contract, Contractor will complete or correct the
work on the list of items attached hereto within
above Date of Substantial Completion.
from the
Consultant BY DATE
City, through the Contract Administrator, accepts the Work or portion thereof designated
by City as substantially complete and will assume full possession thereof at
(time)on (date).
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of City and Contractor for security, maintenance, heat, utilities,
damage to the work and insurance shall be as follows:
ill I RFP 2Ot4-2s3-YG
139
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
Consultant:
BID/CONTRACT NUMBER:
Contractor:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
To (City):
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
Consultant DATE
City, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(time)
(date)
City of Miami Beach, Florida
By Contract Administrator Date
BY
112l RFP 2014-2s3-YG
140
OO93O. FORM OF FINAL RECEIPT:
[he following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this _ day of 20 , from City of
DollarsMiami Beach, Florida, the sum of
($-)asfullandfinalpaymenttoContractorforallworkandmaterialsforthe
Project described as:
This sum includes full and final payment for all extra work and material and all incidentals.
Contractor hereby indemnifies and releases City from all liens and claims whatsoever
arising out of the Contract and Project.
Contractor hereby certifies that all persons doing work upon or furnishing materials or
supplies for the Project have been paid in full. ln lieu of this certification regarding payment for
work, materials and supplies, Contractor may submit a consent of surety to final payment in a
form satisfactory to City.
Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes
(Sales and Use Tax Act), as amended, have been paid and discharged.
[f incorporated sign below.]
Contractor
ATTEST:
Olame of Corpor o")
By:
(Secretary)
(Corporate Seal)
incorporated sign below.l
WRFPESSES:
(Signature)
(Print Name and Title)
day of
Contractor
20_[f not
(Name of Firm)
By:
(Signature)
lls l RFP 2O14-253-YG
(Print Name and Title)
141
day of 20
1l{ | RFP 2O14-253-YG
142
O4OOO. ACKNOWLEDGEMENT OF ADDENDA
REQUEST FOR PROPOSALS (RFP) No.2014-253-YG
DESIGN/BUILD SERVICES FOR s4"REDUNDANT SEWER FORCE MAIN
Directions: Complete Part I or Part ll, whichever applies.
Part l: Listed below are the dates of issue for each Addendum received in connection with this
Proposal:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No.4, Dated
Addendum No. 5, Dated
Part ll:No addendum was received in connection with this Proposal.
Verified with Procurement staff
Name of Staff Date
Proposers- Name Date
Signature
I15l RFP 2014-2s3-YG
143
O5OOO. CUSTOMER REFERENCE LISTING
General Contractor (andior Sub-Contractors) shall furnish the names, addresses, telephone, fax
numbers and e-mail addresses of a minimum of 8 references of a minimum of four (4) separate
completed projects.
Company Name
Address
1)
Fax:
2)
Fax:
3)Company Name
Address
Contact Person/Contract Amou nt
Telephone:
E-mail:
Fax:
4)Company Name
Address
Contact Person/Contract Amount
Telephone:
Contact PersoniGontract Amount
Telephone:
E-mail:
Company Name
Address
Contact Person/Gontract Amou nt
Telephone:
E-mail:
116l RFP 2Ot4-253-YG
Fax:
144
E-mail:
5) Company Name
Address
Telephone:_
E-mail:
Contact Person/Gontract Amount
Fax:
6) Company Name
Address
Contact Person/Contract Amount
Telephone:
E-mail:
Fax:
7) Company Name
Address
Contact Person/Contract Amount
Telephone:
E-mail:
Fax:
8) Company Name
Address
Contact Person/Contract Amou nt
Telephone:
E-mail:
Fax:
11? I RFP 2014-2ss-YG
145
Name
Tel:_
E-Mail:
O6OOO. SUB-CONTRACTOR LISTING INFORMATION
REQUEST FOR PROPOSALS (RFP) No.2014-253-YG
DESIGN/BUILD SERVICES FOR 54'' REDUNDANT SEWER FORCE MAIN PROJECT
SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT
Tel:
E-Mail:
Name:
Tel:
E-Mail:
Name:
Tel:
E-Mail:
Name:
Tel:
E-Mail:
Name
Te!:_
E-Mail:
11S I RFP 2014-2s3-YG
(Attach additional forms if necessary)
146
THIS PAGE INTENTIONALLY LEFT BLANK
147
COMMISSION ITEM SUMMARY
Condensed Title:
Request Approval To lssue lnvitation to Negotiate (lTN) No. 2014-252-YG For Concession Agreement(s) For
Use Of City of Miami Beach Rights-Of- Way For Loading And Unloading Of Hop-On/Hop-Off (Open Loop) Tour
Bus
Item Summary/Recommendation:
Sightseeing and tour bus services are a growing industry in the region, including Miami Beach. There are
mainly two types of services currently in operation in the City: (1) Hop-on/Hop-offs (open loop tours) have
multiple passenger loading areas (typically Miami-Dade County bus stops) along an established route; and (2)
Closed loop tours have one loading area (typically Miami-Dade County bus stops) where passengers
load/unload at the same location.
Operators have independently approached the City about partnering to add kiosks at key locations in Miami
Beach, to increase their visibility and ridership. ln other cities with Hop-on/Hop-off service (open loop tours), on-
street kiosks are handled through a permit or license. A concession agreement would be the likely agreement
required if the City desired to offer this service.
At the February 28,2014 NCAC meeting, the Committee passed a motion directing the Administration to move
forward with the procurement for an agreement related to the use of designated right-of-way locations for a
limited number of Hop-On/Hop-Off (open loop) bus tours including use of a designated stop on Ocean Drive and
a designated stop in the vicinity of the 1700 block of Washington Avenue and enhancing enforcement relating to
illegal activity by tour bus operators such as standing on No Parking zones.
At the April 25,2015 NCAC meeting, staff presented a two-tier approach to move forward on this item. The first
step would be to issue a Request for Proposal (RFP) for concession agreement(s) for use of City of Miami
Beach Right-of-Way for loading and unloading of Hop-on/Hop-off (Open Loop) Tour Bus Passengers. Although
the Commiftee supported the plan to issue an RFP, there were certain concerns with aspects of the service,
particularly with the number of buses, kiosks, and noise pollution. At the meeting, the Administration
recommended that these concerns be addressed as part of the concession agreement to be executed with the
selected propose(s). The second step would be to work with the City Attorney's Office in researching potential
approaches for enhanced regulations.
The NCAC made a motion directing the Administration to issue an RFP for a concession agreement for use of
City of Miami Beach Rights-of-Way for loading and unloading of Hop-on/Hop-off (Open Loop) Tour Bus
passengers. Further, the Committee instructed the Administration to include specific language that would allow
the City to reserve the right to choose one (1) or more operators. The Administration was also instructed to add
specific language in the Concession Agreement that would allow the City to regulate the concessionaire(s).
Therefore, in order to allow the City to negotiate with more than one (1) proposer simultaneously, the
Administration is recommending the release of an lnvitation to Negotiate (lTN) instead of an RFP.
RECOMMENDATION
of the lTN.
Financial lnformation:
Citv CIerk's Office
T:\AGENDA\201 1 1 Procurement\Sightseeing
Agenda ltem <e<
tzD.
-
MTAMIBEACH
Tour Bus Regulations SUMM.docx
oarc 6-//'//148
g MIAMIBEACH
Ciiy of ifiomi Beoch, 'l 200 Convention Center Drive, Miomi Beoch, Florido 33139, www. miomibeochfl.gov
CO ISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: June 11,2014
the City mtsston
2014-252-YG FOR GONCESSTON AGREEMENT(S) FOR USE OF C|TY OF MtAMr
BEACH RIGHTS.OF-WAY FOR LOAD]NG AND UNLOADING OF HOP.ON/HOP.
oFF (OPEN LOOP) TOUR BUS PASSENGERS
BACKGROUND
Sightseeing and tour bus services are a growing industry in the region, including Miami Beach.
There are mainly two types of services currently in operation in the City: (1) Hop-on/Hop-offs
(open loop tours) have multiple passenger loading areas (typically Miami-Dade County bus
stops) along an established route; and (2) Closed loop tours have one loading area (Miami-
Dade County bus stops) where passengers load/unload at the same location.
Gray Line Miami (dba Big Bus Tours) began operating a Hop-On/Hop-Off (open loop) tour in
Miami-Dade County in January 2010. As a result of Gray Line's success, other open loop tour
services have established operation in Miami Beach. Currently, the following three (3)
companies are operating open loop tour bus services ln Miami Beach:
1) Big Bus Tours;2) Miami Open City Tour; and3) City Sightseeing Miami
Operators have independently approached the City about partnering to add kiosks at key
locations in Miami Beach, to increase their visibility and ridership. ln other cities with Hop-
on/Hop-off service (open loop tours), on-street kiosks are handled through a permit or license.
A concession agreement would be the likely agreement required if the City desired to offer this
service.
ln addition to the open loop tour bus services, two (2) closed loop tours are currently operating
in the City:
1) Duck Tours has been operating in the City for approximately ten (10) years with a tour
bus stop located on the Lincoln Road, between Washington Avenue and James Avenue. A
single Miami-Dade Transit bus stop seryes as the only passenger loading area since tours start
and end at the same location.
2) Pirate Tours has been operating for approximately two (2) years with a tour bus stop
located on Washington Avenue immediately adjacent to Soundscape Park. Similarly, a single
Miami-Dade Transit bus stop serves as the only passenger loading area since tours start and
end at the same location.
149
Commission Memorandum - Request for Approval to lssue a Request For Proposals For Use of
Rights-of-Way for Loading and Unloading of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers
June 11,2014
Page 2 of 3
Additionally, there are various other closed loop tours that do not load and unload from the
public right-of-way. These include private charter tours and tours originating from PortMiami.
PRIOR COMMITTEE AND COMMISSION ACTIONS
This issue was referred to the Transportation and Parking Committee (TPC) and
Neighborhood/Community Affairs Committee (NCAC) by the City Commission at the meeting of
March 13, 2013. The Administration held a workshop with the sightseeing and tour bus industry
on Monday, June24,2013. The TPC discussed the item at their July 1,2013 meeting. The
NCAC discussed the item on September 30, 2013. At the meeting, the NCAC recommended
that the Administration meet with the industry again, go back to TPC for input, and bring the
item back to NCAC.
The item was discussed at the City Commission meeting of February 12, 2014. After some
discussion, the Commission made a motion directing the Administration to prohibit buses from
stopping on Ocean Drive until there is a regulation or policy in place. While the companies can
continue to operate their buses along Ocean Drive, no loading or unloading of passengers is
permitted.
At the February 28, 2014 NCAC meeting, the Committee passed a motion directing the
Administration to move fonrvard with the following:
1) Procurement for an agreement related to the use of designated right-of-way locations for
a limited number of Hop-On/Hop-Off (open loop) bus tours including use of a designated
stop on Ocean Drive and a designated stop in the vicinity of the 1700 block of
Washington Avenue.
2) Enhancing enforcement relating to illegal activity by tour bus operators such as standing
on No Parking zones.
At the April 25, 2014 NCAC meeting, staff presented a two tier approach to move forward on
this item. The first step would be to issue a Request for Proposal (RFP) for concession
agreement(s) for use of City of Miami Beach Rights-of-Way for loading and unloading of Hop-
on/Hop-off (Open Loop) Tour Bus Passengers. Although the Committee supported the plan to
issue an RFP, there were certain concerns with aspects of the service, particularly with the
number of buses, kiosks, and noise pollution. At the meeting, the Administration recommended
that these concerns be addressed as part of the concession agreement to be executed with the
selected proposer(s).
The second step would be to work with the City Attorney's Office in researching potential
approaches for enhanced regulations.
The NCAC made a motion directing the Administration to issue an RFP for a concession
agreement for use of City of Miami Beach Right-of-Way for loading and unloading of Hop-
on/Hop-off (Open Loop) Tour Bus passengers. However, the Committee instructed the
Administration to include specific language that allows the City to reserve the right to choose
one (1) or more operators. ln addition, the Administration was also instructed to add specific
language in the Concession Agreement that would allow the City to regulate the
concessionaire(s). Therefore, in order to allow the City to negotiate with more than one ('l )
proposer simultaneously, the Administration is recommending the release of an lnvitation to
150
Commission Memorandum . Request for Approval to lssue a Request For Proposals For Use of
Rights-of-Way for Loading and Unloading of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers
June 11,2014
Page 3 of 3
Negotiate (lTN) instead of an RFP.
MAJOR ITN REQUIREMENTS
1. MINIMUM QUALIFICATIONS
Please Reference Appendix C, Minimum Requirements and Specifications, ITN
2O14-252-YG, For Use Of City Of Miami Beach Rights-Of-Way For Loading And
Unloading Of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers.
2. SUBMITTAL REQUIREMENTS
Please Reference Section 0300, Proposal Submittal lnstructions and Format, ITN
2014-252-YG, For Use Of City Of Miami Beach Rights-Of-Way For Loading And
Unloading Of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers.
3. CRITERIA FOR EVALUATION
Please Reference Section 0400, Evaluation / Selection Process, ITN 2O14-252-
YG, For Use Of City Of Miami Beach Rights-Of-Way For Loading And Unloading
Of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers.
RECOMMENDATION
The Administration recommends that the City Commission approve the issuance of an lnvitation
to Negotiate (lTN) for a concession agreement(s) for use of City of Miami Beach Rights-of-Way
fo1]i4ding and unloading of Hop-on/Hop-offs (Open Loop) Tour Bus passengers.Wsw r F.D.
KGB/JRG/AD/JFD
Attachment ITN 2014-252-YG For Use of City of Miami Beach Rights-of-Way For Loading and
Unloading of Hop-On/Hop-Offs (Open Loop) Tour Bus passengers
T;\AGENDAU0l4uune\June 11 Procurement\Sightseeing And Tour Bus Regulations MEMO.doc
151
TNVTTATON TO NEGOTTATE (tTN)
2014-252-AD
CONCESSTON AGREEMENT(SI FOR THE USE OF
MIAMI BEACH RIGHT-OF-\A/AYS FOR PASSENGER
LOADTNG/UNLOADTNG By OPEN LOOP TOUR
BUS OPERATORS
ITN ISSUANCE DATE: JUNE 15,2014
PROPOSALS DUE: JULY 28, 2014 @ 3:00 PM
ISSUED BY:
* MIAMIBEACrI
YUSBET GONZAIEZ, SENIOR PROCUREMENT COORDINATOR
DEPARTMENT OF PROCUREMENT MANAGEMENT,l700 Convention Center Drive, Miomi Beoch, FL 33139
305.673.7 490 | www. miomibeochfl.gov
152
g MIAMIBEACH
TABLE OF CONTENTS
SOLICITATION SEGTIONS: PAGE
0100 NoT uTtLtzED .................. ....................... N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ...........4
0300 SUBMtTTAL TNSTRUCTTONS & FORMAT.................. .........................12
0400 PRoPoSAL EVALUATTON ........................14
APPENDICES: PAGE
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........16
APPENDTX B "NO PROPOSAL" FORM .......... ........................23
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ...............25
APPENDIX D INSURANCE REQUIREMENTS ............ ...........31
RFP 20I4252YG
153
E IvIIAMIBEACH
SECTION ()2()O INSTRUCTIONS TO PROPOSERS & GENEML CONDITIONS
1. GENERAL. This Invitation to Negotiate (lTN) 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 cosi 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 Propose(s) (the "contractor[s]") if this ITN results in an award,
The City utilizes PublrcPurchase (www.oublicpurchase,com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this lTN. Any prospective
Proposer who has received this ITN by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this ITN Failure to receive an addendum may
result in disqualification of Proposal submitted.
2. PURPOSE. Hop-on/Hop-offs (Open Loop) tour services are vehicle tours that complete a loop with various stops where
passengers perform loading and unloading maneuvers. The purpose of this ITN This service provides a quick and convenient
way to get an overview of a city. They are frequently used by visitors of a new city as it quickly gives them an overview of how
the area is laid out, while a tour guide provides history and interesting facts of the city as well. Typically, after seeing most of
the major sites via the tour, tourists and visitors determine an itinerary for the rest of their stay, deciding which area of the city
they want to visit on their own.
The City's goals and objectives are to promote tourism and mass fansit. Mass transit, including sightseeing tours, is one of the
aspects of transportation that help alleviate congestion throughout the City. Sightseeing tour bus services are currently in
operation in various U.S. and World cities. One of the main aspects of the operations of sightseeing tours is the proper loading
and unloading of passengers. Given the limited righlof-way in Miami Beach, it is impoftnt for the City to provide dedicated
loading zones for sightseeing bus tours services in order to facilitate the operations and reduce traffic impacts to residents.
Cunently, Ocean Drive and Lincoln Road are two of the most active areas for tours. Given the demand at these two locations,
the City is seeking to provide an opportunity for one (1) or more Hop-on/Hop-off (Open Loop) sightseeing tour bus companies
currently operating in the City of Miami Beach to submit qualilications and proposals for a concession agreement for the
operation of exclusive loading zones within City Right-of-Way, located at Ocean Drive (one loading zone) and Lincoln Road
(one loading zone), for the loading and unloading of Hop-on/Hop-ofl (Open Loop) sightseeing passengers.
Through this lTN, the City seeks to negotiate terms of concession agreement and revenue to be provided to the City with one
or more top-ranked proposers.
ATION TIMETABLE, The tentative schedule for this solicitation is as follows:
ITN lssued June 15, 2014
Pre-Proposal Meeting July 2,2014 at 1 :30 p.m.
Deadline for Receipt of Questions July 5, 2014
Proposals Due July 28,2014
Evaluation Committee Review TBD
Tentative Commission Approval Authorizing Negotiations September 10,2014
Contract Negotiations Following Commission Approval
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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:
RafaelGranado@miamibeachfl.oov ; or facsimile: 786-394-4188. The ITN title/number shall be referenced on all
correspondence. All questions or requesls for clarification must be received no later than seven (7) calendar days
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:
Yusbel Gonzalez
Telephone:
305-673-7490
Email:
yusbelgonzalez@miamibeachfl .gov
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. Addendum will be released through PublicPurchase.
7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been forwarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientlD= 1 3097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation wrth 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 0f Miami Beach website:
http ://web.m iamibeachfl.qov/procu rement/scroll. aspx?id=235 1 0
. LIVING WAGE REQUIREIUENT.,. . . ... ..... ... LOCAL PREFERENCE FOR [,,llAlvll BEACH-BASED VENDORS...... ..
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES,,.,.,,,,,,..,,....,..,.,.,,,
o trALSE CLAIMS ORDINANCE....... ACCEPTANCE 0F GIFTS, FAVORS & SERV|CES............
CITY CODE SECTION 2486
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 2487
CII-/ CODE SECTION 2488
CIIY CODE SECTION 2-373
CITY CODE SECTIONS 2407 THROUGH 2-410
CITY CODE SECTION 2-372
CITY CODE SECTION 2-374
CITY CODE SECTION 7O-3OO
CITY CODE SECTION 2449
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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 through PublicPurchase.
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 proposals and
proposed awards, Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11 . MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 201 1-3747,
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. 201'l-
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 0F 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 that negotiations be
approved with one or more Propose(s) s/he deems to be in the best interest of the City or may recommend relection
of all Proposals. The City Managels recommendation need not be consistent with the scoring results identi{ied
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 effrciency 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 Manage/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 Propose(s) will commence.
14. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to relect 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. lgnorance 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.
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15. COSTS INCURRED BY PROPOSERS. Allexpenses 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. lt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
18. 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 lTN. 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. lnvoices must be
submitted in a format consistent with the Purchase Order.
21. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless ihe 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. lf the Proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work.
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, Iicense, 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.
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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.
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. ln 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. lt 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. ln 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.
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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 attomey's fees which may be incurred thereon. The contractor
expressly underslands and agrees that any insurance protection required by this Agreement or othena/se 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 Conkactor 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), ArL.1 of the State Constitution untilsuch time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in fullcompliance 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 othenvise 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. MODIFICATIONMITHDRAWALS 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 lTN. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
thislTN,andoutlinewhat,ifany,alternativeisbeingoffered. Allexceptionsandalternativesshallbeincludedand
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. ln 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 ITN to which Proposer took exception to (as
said term and/or condition was originally set forth on the ITN).
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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 Pase lntentionallv Left Blank
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PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMATsEcTt0N 0300
1. SEALED PROPOSALS. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten ('10)
bound copies and one (1) electronic format (CD or USB format) are to be submitted, The following information
should be clearly marked on the face of the envelope or container in which the proposal is submitted: solrcitation
number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through
email or facsimile, are not acceptable and will be reyected.
2. LATE PROPOSALS. Proposals are to be received on or before the due date established herein. 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
othenrrrise.
3. PROPOSAL FORMAT. ln 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.
Cover Letter & Minimum Qualifications Requirements
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
ualifications requirements established in Appendix C, Minimum Reouirements and
& 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 agencles. For each prolect that the Proposer submits as evidence of
similar experience, the following is required: project description, agency name, agency contact, contact telephone &
email, and yea(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 arange 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;//supplierportal.dnb.corn/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submiftal 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 2014252'(G r0
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of Services P
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 documentatlon, as applicable, which will allow the
Evaluation Committee to comolete a fullv review and score the orooosed scooe of services.
and Meth
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, prolect timeline,
for assurino oroiect is i on time and within
Cost Pro
Submit a Cost Form
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).
RF? 2At4-252-YG tl
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sEcTtoN 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. lf further information is desired, Proposers
may be requested to make additional writlen 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. lt 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 fonrvarded 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. ln doing so, the Evaluation Committee may:. review and score all Proposals received, with or without conducting interview sessions; oro review all Proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Melhodology
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.
Miami Beach-Based Vendor Preference
Veterans Preference E
5. Determination of Final Ranking. Al the conclusion of the Evaluation Committee Step '1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and 2 scores will be converted to rankings in accordance with the example below:
Step '1
Po ints 76 80
Step 2
Points '10 7 5
Total 84
,,,r., ,. .,,Rank ':il
:Commi
.,: .. r:::fYlgrn[|.7
Step 1
Points 90 85 72
Step 2
Points '10 7 5
60
20
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MIAMIBTACH
- Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Rankinq 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.
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APPENDIX A
&
:r AAIA/\AIMMAC}-{
Proposo I Certificotion,
Questionnoire &
Req uirements Affid ovit
rTN 2014-252-YG
CONCESSION AGREEMENT(SI FOR THE
USE OF MIAMI BEACH RIGHT-OF-WAYS
FOR PASSENGER LOADTNG/UNLOADTNG
BY OPEN LOOP TOUR BUS OPERATORS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 20I4252YG t4
165
Solicitation No:Solicitation Title:
Procurement Contaci:Tel:Email:
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of thrs 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 lnformation.
FIR[/ NAME:
No of Years in Business:No ofYeals in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNOER IN THE LAST 1O YEARS:
FtRV PRll\4ARY ADDRESS (HEADOUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO,:
TOLL FREE NO,:
FAX NO.:
F!RM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRII\4ARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO,:
ACCOUNT REP TOLL FREE NO,:
ACCOUNT REP EIVAIL:
FEDERAL TAX IDENTIFICATION NO,:
The City reserves the right to seek additional information fiom Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements,
RFP 20]4252YG 1at-)
166
4.
Miami Beach Based (Loca!l!94dor. ls Proposer claiming Miami Beach based llrm status?f-l vrs T-l No
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the
City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, to demonstrate that the
Proposer is a l\/liami Beach Based Vendor,
Veteran Owned Business. ls Proposer claiming a veteran owned business status?f. l vrs [ -l r.ro
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certifled 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 201'l-3748.
Conflict Of lnterest. 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 l\4iami 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
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as lhe work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Nanative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
f__l ves [_--] t'to
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codilled 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
llnancial interest as deflned in solicitation, For each individual or entity with a controlling flnancial 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.
Code of Business Ethics. Pursuant lo City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code lo the Procurement lvlanagement Department with its
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, lhe conflict of interest, lobbying and ethics provision of the
City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit llrm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU.
RFP 2014252YG t6
167
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 $1 1 ,28/hr with health
benefits, and $12.92/hr without benefits.
The living wage rate and health care beneflts rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CP|-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 liscally sound to implement
same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may,
at its sole option, immediately deem said Proposer as non-responsive, and may further sublect Proposer to additional penalties
and lines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is
available at www.miamibeachfl .gov/procuremenV.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
to the living wage requirement,
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 lViami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of lVliami Beach, Florida; and the Contractofs 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 lo employees with spouses or to spouses of employees?[--l ves [-_l r'ro
B. Does your company provide or offer access to any benellts to employees with (same or opposite sex) domestic parlners* or to
domestic partners of employees?
f---l ves [__-l No
c Please check all benefits that apply to your answers above and list in the "othed' section any additional
benefits not already specifled. 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
Employees wrth
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family lVledical Leave
Bereavement Leave
lf Proposer cannot offer a benellt to domestic partners because of reasons outside your control, (e.9., 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 l/easures Application will be reviewed for consideration by the City
Manager, or his designee, Approval is not guaranteed and the City Manager's decision is linal. Further information on the Equal
Benefits requirement is available at www.miamibeachfl .gov/procuremenU.
Public Entity Crimes. Section 287.133(2)(a) Florida Statutes, as currently enacted or as amended from time to time, states that a10.
RFP 2OI4?52-YG 17
168
11.
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, Proposal, or reply on a contract to provide any goods or services to a public entity; may not submil a proposal,
Proposal, or reply on a contract with a public entity for lhe construction or repair of a pubiic building or public work; may not submit
proposals, Proposals, or replies on leases of real property lo 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 requlred. 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.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements, The City will strive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation, This Acknowledgement of
Addendum section cerlifies 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.
lnitralto Conflrm
Receipt
lnitial t0 conflrm
ReceiDt
lnitialto Conflrm
Receiot
Addendum 1 Addendum 6 Addendum 'l 1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submil under separate cover.
RFP 20r4252-YG t8
169
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City') for the recipients 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.
ln 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 flom the solicitation, as it deems appropriate and in its best interest. ln ils sole discretion, the City may
delermine the qualilications and acceptability of any parly 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, ll 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 lhe recipienfs own risk, Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City wilhout any y/arranty
or representalion, express or implied, as to its content, its accuracy, or its completeness. No wananty 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 conection of enors, omissions, or withdrawal from the market without notice. lnformation 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 lerms 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{he-Sunshine Law, and all Proposals and supporling documents shall be subject to disclosure as
required by such law, All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses, At that time, all documenls 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 certifes 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 llnal unappealable ludgment
by a court of competent jurisdiclion 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.
ln 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.
19
170
I hereby certify that l, as an authorized agent of the Proposer, am submitting the following information as my firm's
Proposal; Proposer agrees t0 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 Certification, Questionnaire and Affidavit are true and accurate.
Name of Proposeis Authorized Representative:Title of Proposeds Authorized Representative:
Signature of Proposeds Authorized Representative:Dale:
State of FLORIDA )
)
On this _day oI _,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 Florrda
My Commission Expires:
RFP 20I4252YG ll)
171
APPENDIX B
g MIAMImTACM
"No Bid" Form
rTN 2014-2s2-YG
CONCESSTON AGREEMENT(SI FOR THE
USE OF MIAMI BEACH RIGHT-OF-Y/AYS
FOR PASSENGER LOADTNG/UNLOADTNG
BY OPEN LOOP TOUR BUS OPERATORS
RFP 2014-?52-YG 2l
172
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR TNDTCATED BELOW:
_ Workload.does not allow us to proposal
_lnsufficient 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 producUservice
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal 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: Steven Williams
PROPOSAL #2014-O8O-SW
1700 Convention Center Drive
MIAMI BEACH, FL 33,I39
RFP 2014252-YG tl
173
APPENDIX C
& AAIAMImTACH
inimum Requirements
& Specificotions
rTN 2014-252-YG
CONCESSTON AGREEMENT(SI FOR THE
USE OF MIAMI BEACH RIGHT-OF-WAYS
FOR PASSENGER LOADING/UNLOADING
BY OPEN LOOP TOUR BUS OPERATORS
PROCUREMENT DIVISION
']700 Convenlion Center Drive
Miomi Beoch, Florido 33139
RFP 20I4252YG aa
174
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 non-
responsive and will not be considered,
. The Proposer must have provided sightseeing tour bus services for a minimum of one (1) year
from release of this lTN.
. The individual proposed as the Project Manager/Business Manager must have a minimum of
three (3) years'experience in administration and oversight ofopen-loop tour bus services.
C2. Description of Concession. Open Loop (Hop-on/Hop-off) Tour Services are tour seruices that operate
typically within a flxed route while stopping at various locations. Currently, various services with these
characteristics operate in the City of Miami Beach serving key locations i.e. Ocean Drive and Lincoln Road,
therefore City of Miami Beach is issuing this lnvitation To Negotiate for a Concession Agreement(s) for the
use of Miami Beach Right-of-Way for the use of Miami Beach Right-of-Way for passenger loading/unloading
by Open Loop Tour Bus openators.
The concession(s) are intended to provide a location for the Open Loop Tour Company(s) to offer their
services in the City without hindering traffic flow and following requirements, including but not limited to the
requirements outlined herein, to ensure that tour services complement other modes in use within the City
without affecting quality-of-life for residents and visitors. At a minimum, the proposer shall address the
following matters in its proposal:
C2.1 Concession Location
As part of the lnvitation To Negotiate, the City has identified two (2) locations for loading and unloading
of passengers, for Open Loop Tour Bus Company(s) (1000 block of Ocean Drive, at the Miami Beach
Welcome Center and in the vicinity of the '1700 block of Washington Avenue). The successful
propose(s) shall confine its vehicle, additional equipment, and the operations of its workmen indicated
by law, ordinances, permits, and negotiated agreemenl.
The Successful Propose(s) will be responsible for cleanliness and maintenance of loading/unloading
location(s). Successful Propose(s) shall be responsible for following all traffic laws, County and City
ordinances.
C2.2 Concession Kiosk
The City will grant the successful proposer or proposers, the right, during the Term of the Concession
Agreement, to manage and operate a kiosk at a location in the vicinity of the designated
loading/unloading concession(s) on public right-otway. The kiosk shall be provided by the successful
propose(s) operating from the structure. ln the case the kiosk was provided within a City of Miami
Beach structure or building, then the Successful Propose(s) shall be responsible for paying the City a
security deposit in the amounl of $10,000 a year, to be paid along with the concession fee. The kiosks
must have a minimum interior space of five feet (5') by five feet (5') and comply with all Americans with
Disabilities Act (ADA) requirements. ln addition, plans for the kiosk must be presented to the City of
Miami Beach Building Department for issuance of a building permit prior to installation of the kiosk. The
kiosk must be permitted and installed prior to the concessionaire(s) conducting business from its
Concession location.
The successful propose(s) must agree to manage and operate the kiosk and will only be authorized to
conducl Open Loop Tour Bus sales within the kiosk, all at its sole cost and expense. No soliciting is to
take place from Public Right-of-Way.
RtP',2014252YG 24
175
C2,3 Operational Requirements:
The Successful Propose(s) must follow the operational requirements described below:
o The kiosks would be allowed to operate from 9:00 AM to 6:00 PM.. Operations from the kiosk must follow the laws set forth in Chapter 46, Article lV of the City of
Miami Beach Code of Ordinance related to noise.. No hawking shall take place from the operator or its employees from the City of Miami Beach
Right-of-Way or the assigned kiosk.o Prices shall be clearly displayed at the kiosk location.o No sales shall be conducted from City of Miami Beach Rightof-Way other than in the designated
kiosk.. lnterior and exterior conditions of vehicles must be kept in pristine condition.r Vehicles must not show visible signs of exhaust or emissions.. No stopping orstanding shall occurfrom thetravel lanes.. No more than two (2) Open Loop Tour Bus Service vehicles, regardless of the number of operators
selected to offer the service, shall be allowed to stop at any of the loading/unloading zones within a one
hour period. Vehicle frequency shall be scheduled and coordinated amongst the selected operato(s)
such that vehicles are spaced no less than a half hour.
Failure to comply with one or more of the aforementioned operational requirements shall result in a in
the issuance of a Violation Notice by the City of Miami Beach Code Compliance Department. The
issuance of three (3) violations within one year shall result in the violation of the Concession Agreement
and termination of the agreement.
C2.4 Schedule of 0oeration:
Successful propose/s operations shall be open seven (7) days a week, 365 days a year, during agreed
upon hours, weather or events of force majeure permifting.
C2.5 Schedule of Pricinq
The Proposer must have a set pricing schedule, a copy of which must be on file with the City of Miami
Beach.
C2.6 Business Plan and Concession Fee
As part ofthe proposal package, the propose(s) shall present a business plan providing information on
revenue-sharing options and delineating the cost-beneflt of implementing this service in the City of
Miami Beach to which the receipts will be subjected to periodic audits by the City of Miami Beach.
Each submittal must include a specific description of the proposed revenues to be shared with the City
as compensation to the City for exclusive use of the loading/unloading zone and kiosk. This information
should also include projected flgures related to both having, and not having, advertisements on the
kiosks. lt should be noted by the propose(s) that the City would receive a minimum guarantee and/or
percentage of gross revenues, whichever higher, prior to the proposer commencing its services.
Proposers are encouraged to suggest other creative revenue sources to improve the flnancial stability
of the service,
Upon execution of the Agreement, the successful proposer shall furnish the City with a Concession
Fee, as agreed to by the City. Said Concession Fee shall serve to secure successful propose/s
performance in accordance with the provisions ofthe Agreement. ln the event the successful proposer
RtP 2014252-YG ,/1
176
fails to perform in accordance with said provisions, the City may retain said Concession Fee, as well as
pursue any and all other legal remedies as may be provided by applicable law.
C2.7 Capital lmorovements and Maintenance
The City shall provide in an "as is" condition, the loading/unloading location(s) to the successful
Propose(s), The successful Propose(s) shall be responsible for the design, construction, permitting
(including permit fees), and full maintenance in a satisfactory manner as determined by the City of the
kiosk and the Concession location. The successful Proposer shall be required to design, provide and
install all furnishings, fixtures, equipment, flnishes, and signage necessary to manage and operate the
Concession location/kiosk.
C2.8 Operator Requirements
Every person or entity that wlll be operating a Hop-on/Hop-off Open Loop tour vehicle must provide the
required vehicle operating license with appropriate endorsements as applicable under Florida law and
Federal Law
Proposals are required to outline implementation and operation for their service. Proposals must also
address the following points:
. Proposed Route description and map. Proposed Frequency. Proposed hours ofoperation and types ofcustomerservice. Proposed size of kiosk. Description of daily operations
. Proposal for Concession
C2.9 Proposal Reouirements
Proposals are required to outline implementation and operation for their service. Proposals must also
address the following points:
. Proposed Route description and map. Proposed Frequency. Proposed hours ofoperation and types ofcustomerserviceo Proposed size of kiosk
. Preliminary Design of Kiosk. Description of daily operations. Proposal for Concession. Proposed Schedule of Pricing for Tour Services
C2.10 Deliverables and Schedule
Deliverables shall be considered those tangible resulting work products to be delivered to the City of
Miami Beach designee. Deliverables and schedule for this prolect shall include, bul are not limited to:
. Detailed implementation schedule (to be received within one month of signed contract)
o Monthly reports that include:o Hours of vehicle(s) usage. Number of users. Descriptive statistic on frequency of usage. Number of tours sold from kiosk. User revenue collected
. Advertising revenue collected
RFP 20I4252YG ZA
177
. Damage Reporto Kiosk Maintenance Reports. Detailed report on net revenue or costs
C3 Term
The Term of this Agreement will be for a period of three (3) years with the sole option and discretion of the
City, to renew for two (2) additional one year terms.
RFP 2014-252-YG
178
@Nt e2p EEl6=6==t*:C -'= HJ =EEU) J- =n* X=.:()Ei<1, 185il4992 F=q.' -(\LUIncg.JEH6dH<co;o-=5=U8n=fi,U^g-tuZ:dC,^. IJ.JU=OcoLt-(r',+C()Eol-lo.oMoUCol-lt')Cr(.J-Jr-q-L}Jffi<{x€ltl,oXoZLUo-o_179
@ MIAMIMHACF{
INSURANCE REQUIREMENTS
This document sels forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
TBD 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida,
TBD 2. 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 lndemnity (Hold harmless endorsement
exactly as wrrtten in "insurance requirements" of specifications).
TBD 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included.
TBD 4. Excess Liability - $_.00 per occurrence to follow the primary coverages.
TBD 5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
TBD 6. Other lnsurance as indicated:
_ Builders Risk completed value $_.00
_ Liquor Liability $_.00
_ Fire Legal Liability $_.00
_ Protection and lndemnity $_.00
_ Employee Dishonesty Bond $_.00
_ Other $_.00
TBD 7, Thirty (30) days written cancellation notice required.
TBD 8. Best's guide rating B+:VI or better, latest edition.
TBD 9. The certificate must state the proposal number and title
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.
PFP 2014252YG 29
180
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181
c4
COMMISSION GOMMITTEE
ASSIGNMENTS
182
g MIAMIBEACH
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
t
TO:
FROM;
DATE:
SUBJECT:A REFERRAL TO THE NEIGH MMUNITY AFFAIRS COMMITTEE
TO DISCUSS THE ALTOS DEL MAR MASTER PLAN
BACKGROUND
Altos Del Mar Park is approximately 2 acres located on Collins Avenue between 76th and 77th
Street. The City has funded a capital improvement pQect with a $2.9M budget to develop the
park. AECOM Technical Services, lnc. was contracted to design the Master Plan for this park.
There have been three public meetings held to share design concepts and options and to seek
input from the community.
AECOM's objective is to collect and review site conditions for feasibility, develop an understanding
of site opportunities and constraints, develop an image of the prolect based on development
program and themes, develop a concept with range of spaces for general and passive recreational
use, and then prepare a final concept plan based on consensus from the City, community and
stakeholders.
After providing the community with three design options, the community has been provided with
the opportunity to vote on the proposed designs and amenities for the park. AECOM has finalized
a conceptual design incorporating those items and is prepared to make a presentation to the
;,,ffi,,#*
u n itY Arra i rs com m ittee
T:\AGENDA\2014\June\Parks and Rec\Referral to Neighborhoods discussion regarding Altos Del Mar Park Master Plan.docx
Agenda ltem
Date
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 11,2014
e\A
L-ll'11{183
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184
E MIAMIBEACH
Gify of Miomi Beqch, l/00 Conyenlion Center Drive, Miomi Beoch, Florido 33139, www. miomibeochfl.gov
COMMISSION
issionMayor Philip Levine and Members of City
Jimmy L. Morales, City Manager
June 11,2014
A REFERRAL TO THE NEIG
TO DISCUSS COMMERGIAL USE PERMIT FEE FOR GITY.OWNED
PROPERTY AND CITY PARKS FACILITIES
BACKGROUND
Section 82-1 of the Miami Beach City Code addresses conducting business on streets, parks or
other public property and enforcement and penalties. Currently, private commercial instruction
for a fee is being conducted on City owned properties. While the intent of an active lifestyle is
supported, there is a need to legitimize these private instructors as their activities, especially if
done incorrectly, could impact the safety of the participant, persons nearby and expose the City
to unnecessary liability. Many other municipalities throughout the United States, and locally,
have established a similar permit application process and fee in order to properly legitimize the
specific instruction on City owned property. By managing such activities, the City is not only
able to better monitor what instruction is going on, and where, but also screen applicants for
proper training, certificates, insurance and other pe(inent information.
Staff briefed the Finance and Citywide Projects Committee at their August 21 , 2013 meeting as
this proposed process was discussed during a department revenue item for the FY 201312014
City Budget. lt was further explained that the City Code, as currently written does not allow for
any commercial use of, and/or for profit business venture to be permitted on City property
without City authorization. City Administration recommends the establishment of a process and
fee to legitimize and manage fitness, training and other outdoor professional services on City
managed facilities, parks and beaches. Therefore, this item is being referred to the
Neighborhood/Community Affairs Committee for further discussion.
,rrsrrff*
T:\AGENOA\2014\June\Parks and Rec\Referral to Neighborhoods discussion regarding commercial permits for physical fitness
instructors.docx
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
MMUNITY AFFAIRS COMMITTEE
Aoenda ttem C( B .
Date 6'l l-l v185
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186
* MIAMIBEACH
Cify of Miomi Beoch, 1200 Convention Cenler Drive, Miomi Beoch, Florido 33139, www. miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o/tf'" City /ommission
FRoM: Jimmy L. Morales, City Manager /t- W
DATE: June 11,2014
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS
COMMISSION COMMITTEE - A DISCUSSION REGARDING WHETHER
OR NOT TO RECONSTITUTE THE NIGHTLIFE INDUSTRY TASKFORCE
WHICH WAS ORIGINALLY CREATED IN 2OO1 AND WAS TO SUNSET
AFTER SIX (6) MONTHS UNLESS OTHERWTSE EXTENDED.
ADMI NISTRATION RECOMM ENDATION
Refer discussion to Finance and Citywide Projects Commission Committee as
recommended by the Administration.
BACKGROUND
The Nightlife lndustry Task Force ('NITE') was originally established in 2001 to advise
the City Manager on nightlife issues and to provide a forum to address quality of life
issues affecting our residents, as a result of the City's popularity. The NITE also strived
to enhance communication and cooperation between the Nightlife lndustry and the
Administration and was to provide more specific trends impacting the industry and
creating a mechanism to quickly and proactively address issues.
The Task Force has been meeting on an as needed basis since 2001. There is certainly
value to having a committee providing advice to the City on matters pertaining to the
nightlife industry. lf there is a desire from the City Commission to have a nightlife task
force or committee then a formal resolution establishing such a committee would be
required.
CONCLUSION
The Administration recommends the referral of a discussion regarding whether or not to
nightlife industry taskforce.
1
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CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. a3(a-
h
:
lo:
From:
Date: October23,2001
Jorge M. Gonzalez
City Manager
Subject: NIGHTLIFE INDUSTRTY TASK FORCE (NITE)
Please be advised that pursuant to Commission discussion on September 5, 2001,
attached hereto is a summary narrative of the purpose and objectives of the Nightlife
Industry Task Force ('NlTE"),
The Task Force will be composed of seventeen (17) representatives from nightclubs,
restaurant and entertainment establishments, hotel industry, counsel to the nightlife
industry, Greater Miami and the Beaches Hotel Association and the South Beach Hotel
and Restaurant Association, including, but not limited to:
1. Ken Barilich, Crobar Nightclub
2. Roman Jones, Opium Garden3. Gary Thoulouls, Event Broker4. Rodolphe Piper, BillBoard Live - Ocean Drive5. Alan Roth, Rumi Restaurant - Lincoln Road6. Michael Tronn, Promoter
7. Eric Omares, Pearl Restaurant
8. Noah Lazes, Level Nightclub
9. Dave Tornek, Touch
10. Debora Sakin, China Grill
11. Anita Cachaldora, Tropigala
12. lan Hendry, Clevelander Hotel
13. Joanne Rabin, National Hotel
14. Orlando Velasquez, Holiday lnn
15. David Kelsey, South Beach Hotel & Restaurant Association
16. Stuart Blumberg, Greater Miami and the Beaches Hotel Association17. Michael D. Welly, Loews Hotel
The first meeting of the NITE will take place tomorrow, October 24,2001 at 4:00 p.m. in
the City Manager's Large Conference Room. Members of the Fire, Police,
Code/Neighborhood Services, Arts Culture and Entertainment and Economic Development
Departments will also participate in the meeting. lf you have any questions, please contact
me.
utL
JMG\CMC\rar
F :\CMGRIIAI\MfNTC\NITE AoaTd doc
attachment
c: Christina M. Cuervo. Assistant Citv Manaqer
Honorable Mayor and
Members of the City Commission
I
188
Purpose
lt.Composition
3.
4.
5.
6.
7.
8.
9.
't0.
11.
12.
13.
14.
15.
16.
A.
B.
A,
The Nightlife lndustry Task Force ('NITE') will review, formulate
and coordinate information, proposals and issues raised bythe City
Manager, the Mayor, members of the City Commission, the nightlife
industry and other concerned citizens. The Task Force will prepare
recommendations on how to improve the City's interaction with the
nightlife industry.
The Task Force will address the needs and concems of the nightlife
industry by making recommendations on issues affecting the
relationship between the City and the nightlife industry in order to
make the city more sensitive to the nightlife industry needs, while
maintaining a balanced perspective as to quality of life issues
affecting both residents and visitors.
Nightlife lndustry Task Force (NITE)
Ken Banilich, Crobar Nightctub
Roman Jones, Opium Garden
Gary Thoulouis, Event Broker
Rodolphe Piper, BillBoard Live - Ocean Drive
Alan Roth, Rumi Restaurant - Lincoln Road
Michael Tronn, Promoter
Eric Omares, Pearl Restaurant
Noah Lazes, Level Nightclub
Dave Tornek, Touch
Debora Sakin, China Grill
Anita Cachaldora, Tropigala
lan Hendry, Clevelander Hotel
Joanne Rabin, National Hotel
Orlando Velasquez, Holiday lnn
David Kelsey, South Beach Hotel & Restaurant Association
Stuart Blumberg, Greater Miami and the Beaches Hotel
The Task Force will be composed of seventeen (17)
representatives from nightclubs, restaurant and entertainment
establishments, hotel industry, counsel to the nightlife industry,
Greater Miami and the Beaches Hotel Association and the South
Beach Hotel and Restaurant Association, includlng, but not limited
to:
1.
2.
Association17. Michael D. Welly, Loews Hotel
Membership criteria for the NITE will apply in the following ways:
individual should be resident of the city for a minimum of two (2)
years, or can demonstrate ownership/interest or is employed by a
business established in the city for a minimum of two (2) years -
exceptions to this are allowed if the individual has specific
knowledge or expertise relative to the Nightlife lndustry.
B.
189
lt t.
C. The Task Force will meet on a monthly basis, or as frequent as the
Task Force deems necessary to make a flnal recommendation.
The Task Force will sunset at the end of six months unless
determined by the City Manager that it should be extended.
Objective
A. At the request of industry representatives and as part of the City's
Major Events Plan (MEP), the NITE will serve to advise the City
Manager on nightlife issues and to provide a forum to address quality
of life issues affecting our residents, as a result of the City's popularity.
The NITE will endeavor to continue and enhance communication and
cooperation between the Nightlife lndustry and the Administration. The
purpose of this Task Force is to provide more specific details regarding
trends impacting the industry and creating a mechanism to quickly and
proactively address issues in an effort to keep the public updated on
event planning.
B. The NITE's charge and scope of work should include, but not be
limited to:
To serve in an advisory capacity to the City Manager with
respect to matters pertaining to the nightlife industries
and businesses in the City, and its impact on the quality
of life of our City.
To advise the City of nightlife industry trends and events
that may require an increase or adjustment in the level of
City services.
To make recommendations as to the needs and
concerns of the public and the nightlife industries and
businesses in the City, including how those needs can
best be met.
To advise on methods of promoting the safe growth and
stability of nightlife industries and businesses in the City.
To focus on and make recommendations regarding
targeted marketing initiatives.
To participate with the Gity and the nightlife industry in
projects approved by the City Commission, which may be
established to better the community and improve the
quality of life in the City.
Review and make recommendations regarding the City's
MEP.
Review and make recommendations regarding the laws
affecting the nightlife industry.
F:\CMGR\tALL\cHRIsTIll\Nighrl ifc IndlJitr, T&!& Fcrcailoc
190
E MIAMIBEACH
City of Miomi Beoch, I 700 Convenlion Cenler Drive, Miomi Beoch, Floridq 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE; June11,2014
SUBJECT: REFERRAL TO THE
COMMISSION COMMITTEE - A USSION
CITYWIDE PROJECTS
REGARDING THE USE
OF THE BYRON CARLYLE THEATER.
ADMINISTRATION RECOMMENDATION
Refer discussion to Finance and Citywide Projects Commission Committee as
recommended by the Administration.
BACKGROUND
The Byron Carlyle Theater Complex (the "Theate/'), located at 500 71't Street, between
Byron Avenue and Carlyle Avenue, originally opened in December 1968 as twin cinemas
hosting first-run movies in the heart of North Beach. A total of 994 seats were originally
built, with the large auditorium having a capacity of 590 seats. ln the mid-1970s, the
Theater was re-developed into a multiplex cinema; the larger auditorium to the west was
subdivided into five (5) smaller theaters. The Theater continued to operate until it was
sold by its owner, Wometco Enterprises, when the City of Miami Beach purchased it in
2001, for $1.7 million.
Phase I of the renovation of the Theater ($1.7 million) was completed by the City's
Property Management Division during approximately 16 months of design and
construction for the Theater on the eastern portion of the complex. The total seating
capacity for the renovated Theater is 304, with 158 seats in the orchestra level, and 'l 38
seats in the mezzanine level, in addition to eight ADA seats. Please see the attached
Exhibit A for property details.
The western portion of the complex and certain back stage needs of the Theater were
not incorporated into the renovation due to space limitations and the need to not exceed
50% of the value of the structure in renovation costs that would have required the whole
structure to be brought up to current code standards. These standards include the needto elevate the floor to meet FEMA Flood Elevation requirements. Any new
improvements done to the western portion of the complex would also require the
structure to comply with the current Florida Building Code.
On April 13,2011, the Mayor and Commission adopted Resolution No. 201 1-27648,
approving a Management Agreement between the City and Stage Door Theater for the
Byron Carlyle Theater. The Agreement has an initial term of five (5) years, commencing
on May 1,2O11 (Commencement Date) and ending onApril 30, 2016 (Expiration Date).
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
the City
E AND
Agenda ttem CV l\
191
Referral Byron Carlyle
City Commission Meeting
June 11,2014
Page 2 of 3
The City has the option of renewing the Agreement, at its sole discretion, and provided
that Stage Door is in good standing, free of default, and has met its annual benchmarks,
for up to five (5) years. The option to renew may be exercised in five (5) one (1) year
terms, or in multi-year terms (as the City determines), by providing at least 365 days
notice to Stage Door. Under the Agreement the facility must only be used as a live
theatrical entertainment venue and public auditorium, and must operate on a year-round
basis.
Stage Door Theatre has advised the City of their intent to terminate its management
agreement with the City for the Byron Carlyle Theater, effective June 1, 2014, due to the
unexpected death of its founder and president, David Torres.
As you know, establishing a City Hall No(h Beach Annex has been a priority for me and
staff has been searching for a location in North Beach for a City Hall Annex. As a result
of Stage Door Theater's notice I toured the Byron Carlyle with staff to see how we can
activate the facility. I believe the facility is ideal for a City Hall Annex and could easily
be converted to accommodate such use while continuing to maintain the performance
theater. Staff is working to develop proposed rental guidelines and rates and can work
with Global Spectrum to handle bookings and staffing. Please note that Global
Spectrum did manage the Byron Carlyle prior to Stage Door Theater.
A preliminary review by Prope(y Management indicates that this can be converted to the
City Hall Annex at minimal cost. A physical assessment of the facility is currently
underway and estimated costs for this conversion will be available for the Committee's
discussion.
A City Hall North Beach Annex could provide residents convenient access to City
government by providing direct services and answer questions. The Satellite City Hall
could have the following seryices:
1) Payment of parking tickets, water bill, etc.2) Basic Building Depaftment permit review
3) Computer access for City of Miami Beach services, complaint registration,
employment application, park program registration, etc.
4) Code Compliance rotational schedule with office hours
5) Constituent Hour for the Mayor and City Commission
6) Success University staff (2 fulltime and 2 part-time) could be moved to this
location and they can offer the same Answer Center services there including:
renUutilities assistance, referral and food cards, and the City's Suspension
Diversion Program.
7) City Clerk's Office can provide periodic (half day) services such as:a. Provide Election lnformation (During City Elections)b. Register lobbyists.
Processes public records request.
Assist with Board/Committee Applications.
Accept Special Master Appeals.
Answer questions.
g. Perform any other function deemed necessary.
8) Community Meetings
The western portion of the Byron carlyle remains unimproved and is not currenfly
accessible for public use. As you know, the Parks and Recreation Department has been
c.
d.
e.
f
192
Referral Byron Carlyle
City Commission Meeting
June 11,2014
Page 3 of 3
searching for a home for their Teen Center Program. The Log Cabin had been identified
as a potential site for this program, but the City Commission determined the cost of
improving the Log Cabin was too much at this time. The Administration is also seeking
direction on whether the City Commission is interested in investigating the cost of
potentially renovating the western portion of the Byron carlyle for a Teen center.
ln considering these uses, it is important to also consider what the desired short{erm
and long term use of the site should be. Long term uses of the Byron are being
considered by the Mayor's Blue Ribbon Panel on North Beach and is part of the North
Beach Revitalization Plan that staff is preparing. Both the Panel and staff have been
considering the need for a commercial anchor and civic use needs, as well as the
development potential available on the site beyond what is utilized by the existing
building. The Byron Carlyle Theater property was also identified as an important piece of
the Town Center redevelopment strategy because of the location, size, public ownership
and potential to provide a cultural anchor. lndeed, the purchase and renovation of the
theater was intended for economic development purposes, as well as to assist the local
talent by providing a venue for rehearsal, performances, office space, and to ensure that
once established, the ads would be able to remain in a rejuvenated North Beach.
However, for the Byron carlyle Theater to succeed in this role, other supporting
elements of the plan would need to be in place. Nonetheless, there continues to be
much discussion regarding the use of the Byron Carlyle and its role in the revitalization
of the 71"t Street corridor.
ln the meantime, the Administration will also seek the input of the Mayor's Blue Ribbon
Panel on North Beach.
CONCLUSION
The Administration recommends the referral of a discussion on the use of the Byron
Carlyle Theater to the Finance and Citywide Projects Committee.
174
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BYRON CARLYLE THEATER PROPERTY DETAILS
Legal Description: Normandy Beach South PB21-54 lots 1-2-11 & 12, BLK 14 Lot
Size Irregular or #19658-49900531
Broker Opinion of Value (BOV): $5,223,681; Land value of 92,903,750 and the
building value at $2,319,913. A copy of the BOV is attached for your review.
Lot size: 31,500 square feet
Building size: 28,335 square feet
Zoning: TC-'l (Town Center Core District). The TC-1 district is intended to promote
high-intensity compact development that will support the town center's role as the
hub of community-wide importance for business, office, retail, governmental
services, culture and entertainment.
o FAR: For lots equal to or less than 45,000 sq. ft.-2.25
For lots greater than 45,000 sq. ft.-2.75
o Height 75 feet; however, buildings fronting on 71st Street shall not
exceed 50 feet in height, except that any portion of the building above 50 feet
shall be set back an additional 1 foot for every 1 foot in height above 50 feet.
7 stories maximum.
. Parking: There is a metered parking lot on the south west side of the building with
15 parking spaces across the alleyfrom the site. There is also a municipal parking
lot across the street to the east of the building, and metered street parking on the
east side of the site. There is no off street or on street parking exclusive for the
theater. There are however, 320 public parking spaces located at municipal parking
lolatT?nd Street and Collins Avenue, and 51 public parking spaces locaied'at 72n-d
Street and Carlyle Avenue.
. Theater seating capacity: 304 seats. 158 seats in the lower level and 138 seats in
the mezzanine level in addition to the 8 ADA accessible seating in both levels.
Note: The Byron Carlyle Theater is located in the Miami Beach Enterprise Zone, which
provides corporate income tax credit and sales tax refund benefits for job creation. In
addition to the Enterprise Zone information included in the attached (which is mainly
overview and the various forms & instructions), refer to www.floridaenterprisezone.com
for more information on the Enterprise Zone.
194
g MIAMI BEACH
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 11,2014
City of Miomi Beoch, l TOO Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
DISCUSSION: SEA LEVEL RISE lN RELATION TO FAR AND BUILDING
HEIGHTS
ADMINISTRATION RECOMiIIENDATION
Refer a discussion item to the Land Use and Development Committee pertaining to Sea Level Rise
in relation to FAR and Building Heights
HISTORY
On May 7, 2014, the Land Use Committee discussed a proposal at the Mayors Blue Ribbon
regarding the measuring of building heights and creating potential FAR exceptions for below grade
areas activating a street or sidewalk. The LUDC voted to continue the discussion to the June 12,
2014 meeting.
CONCLUSION
The Administration recommends that the Mayor and the City Commission accept the
recommendation of the Land Use and Development Committee and refer the discussion item to
the Land Use Committee.
JLM/JMJ/TRM
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E MIAMIBEACH
Ciry of Miomi Beoch, I 200 Convention Cenler Drive, Miomi Beoch, Florido 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members o
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUBJECT: A REFERRAL TO THE FINANCE
DISCUSS THE SCHEDULE OF
ND CITYWIDE PROJECTS COMMITTEE TO
RECREATION PROGRAMS AND
RENTALS
USER FEES FOR VARIOUS PARKS AND
SERVICES, FACILITY ADMISSIONS AND
BAGKGROUND
On July 30, 2003, Resolution No. 2003-25306 was adopted and established a schedule of user
fees for various parks and recreation programs and services, facility admissions labor fees, rentals
and other related activities. This resolution was initiated and implemented due to numerous
factors, including the fact that various new facilities were coming on line as part of the City's
Capital lmprovements projects at practically all of the City's recreational facilities along with the
increased cost associated with operating and maintaining such facilities.
Since the 2003 resolution, operational costs to include staff salaries, maintenance costs and cost
of materials has increased to a disproportionate level of the 2003 approved user fees. The demand
for more quality and higher quality services continues to increase for all age levels, including youth,
adults and seniors. An increase in operational costs from the 2003 cost levels is evident by the
increase in the city's budget and salary comparisons.
Many of the user fees, which include rental and labor rates approved by the Commission in July
30, 2003 have not been increased since that date and, in some cases have actually been reduced.
The Administration seeks guidance from the Finance and Citywide Projects Committee to
determine the appropriate schedule of user fees for various Parks and Recreation programs and
services, facility admissions and rentals.
JLM/JMT/
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G4 - Gommisslon Committee Assiqnments
C4G Referral To The Land Use And Development Committee - Discussion And Referral To
The Planning Board Regarding Creation Of The Faena Overlay District.
(Requested by Commissioner Joy Malakoff)
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g MIAMIBEACH
Cify oI Miomi Beoch. 1700 Convenlion Center Drive, Miqmi Beoch, Florido 33139, www. miomibeochfl,gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Membersfof the City
Jimmy L. Morales, City Manager
June 11, 2014
A REFERRAL TO THE h''O'"O*'OODS/COMMUNIW AFFAIRS
COMMITTEE TO DISCUSS THE CURRENT FLAMINGO PARK MASTER PLAN
Can you please place an item on the June 11, 2014 City Commission agenda to refer a discussion
item to the Neighborhoods/Community Affairs Committee regarding the current Flamingo Park
Master Plan.
Sv^,
JLMiJMT/JRyc(g)Y
T:!AGENDA\2014\June\Parks and Rec\Refenat to NCAC Flamingo park l\4aster ptan_docx
TO:
FROM:
DATE:
SUBJECT:
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c6
COMMISSION GOMMITTEE REPORTS
203
E MIAMIBEACH
City of Miomi Beqch, 1200 Convention Cenler Drive, Miomi Beoch, Florido 33139, www. miomibeochl .gov
COMMITTEE MEMORANDUM
To: Mayor Philip Levine and Members the City tsston
Jimmy L. Morales, City Manager
June 11, 2014
SUBJECT:REPORT OF THE SPEC FINANCE AND CITYWIDE
PROJECTS COMMITTEE MEETING ON MAY 20,2014
The agenda is as follows:
OLD BUSINESS
1. Discussion of Miami Beach Gonvention Center Construction and Booking
Schedule
ACTION
Finance and Gitywide Projects Gommittee reviewed and considered the
information and separated the discussion into two separate
recommendations, The first recommendation is that the timeframe of the
Convention Center project not exceed 36 months, but with a goal of
completing construction within 24-30 months. The second
recommendation was for staff to go contact all events on the priority list to
determine if they could take place without usage of the P-Lot, with access
to no more than two (2) exhibit halls and with limited or compressed load-
in/out.
NEW BUSINESS
2. Discussion regarding South Shore Community Center
ACTION
The Committee recommended that ninety (90) days prior to the expiration
of the Term, re-negotiate a reasonable increase in the operating expenses
up to a maximum of $11.06 per square foot.
3. Discussion regarding Financial lmpact of the Proposed Roadway Closure
Applications for 87 Street and 87 Terrace Filed by 8701 Collins
Development
Agenda ltem
Date
FROM:
DATE:
ca4
6-il^tq204
ACTION
The Committee recommended referring this item to Land Use and have the
appraisal be re-evaluated. The item is to be brought back to the June
Finance Committee meeting.
4. Discussion regarding Adoption of an Updated Strategic Plan for the
Gultural Affairs Program, to include utilization of Fillmore Community
Benefit Fund, Cultural Arts Council Endowment, and Cultural Affairs
Program Fund Balance Funds for Greater Gultural Benefits for Residents
and Visitors
AGTION
The Committee recommended going back to the Cultural Arts Counci! to
update the Strategic Plan and funding needs. To be brought back to the
Finance Committee before July if it needs to be included in next year's
budget.
5. Discussion regarding whether or not to renew The Lease Agreement
("Lease") between The Gity of Miami Beach, Florida ("City") and Mystery
Park Arts Company, !nc. ("SOBE Arts"), having an initial term of five (5)
years, commencing on January 13, 2010 and ending on January 12,2015,
with an option to renew, at the City's Sole and absolute discretion, for two
(2) additional two (2) year periods, in connection with property located at
2100 Washington Avenue, Miami Beach, Florida ("Demised Premises")
ACTION
The Committee recommended continuing the Lease Agreement with So-Be
Arts through the end of August 2015 and then any renewal beyond that
point would have to be on a month to month basis with the Convention
Center renovations due to start January 2016.
6. Discussion regarding Police and Parking Department Towing Permit
Requirements
ACTION
The Committee recommended no action and that Sau! Frances Parking
Director follow up on the implementation of the technology enhancements.
This item is to be brought back to the September Finance Committee
Meeting.
7. Update - Discussion regarding Stormwater Future Bonds and Proposed
Rates
ACT!ON
The Committee moved this item without recommendation.
205
JO!NT lTEM
L Discussion regarding the funding of the expansion (approximately double
the size) of the Emergency Department at Mt. Sinai, and the creation of an
Emergency Management Office for the City of Miami Beach
ACTION
The Committee recommended that a resolution be prepared by the City
Attorney that states the following fundamental business issues and terms
which are subject to further negotiation: The City would authorize a grant
agreement in the principle amount between $15,000,000 and 918,750,000
which is the $15,000,000 plus interest to be paid in equal principle
installments of $1,250,000 over a 15 year period. That would be secured by
a covenant to budget. Mt. Sinai would provide the City a minimum of up to
2,000 square feet for the Emergency Operating Center. The lease between
Mt. Sinai and the City would be a minimum of 30 years for a rental amount
of $1 per year.
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MIAMIBEACH
City of Micmi Beoch, I 200 Convenlion Cenier Drive, Miomi Beoch, Florido 331 39, www. miomibeochfl,gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUBIECT: REPORT FROM THE MAY 1
MEETING
mtsston
2014 FLOODING MITIGATION COMMITTEE
Attached are the draft minutes of the Flooding Mitigation Committee meetings of May 14,2014
Pursuant to Section 2-13 of the Miami Beach City Code, the City Commission is hereby
requested to review and approve the drafts. The draft minutes are subject to correction,
amendment and approval by the City Commission, with any corrections or amendments to be
reflected in those minutes.
Approval of the minutes does not constitute the City Commission's substantive approval of
actions taken by the Flooding Mitigation Committee, but shall serve only to allow the minutes to
assume their essential status as the official record of the proceedings of the Flooding Mitigation
Committee. However, those portions of minutes addressing a Flooding Mitigation Committee's
request for City Administration action, shall only be effectuated when a corresponding item for
such requested City Administration action is placed on a City Commission agenda, and
approved pursuant to resolution or motion passed by a majority vote of the members present.
r}\Nri' ffrn
MT/ETC/BAM/LWB
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Agenda ltem
Date
cbB
6-(l-lLl208
b AAIAA4|F.F&.*H.-- r er4,
FLOODING MITIGATION COMMITTEE
MEETING MINUTES - Draft
MAY 14, 2014 - 5:00 p.m.
The City of Miami Beach Flooding Mitigation Committee met on Wednesday, May'16, 2014, at 5:00 p.m.
in the City Manager's Large Conference Room. The meeting was led by Commissioner Jonah Wolfson.
Commissioners Michael Grieco and Joy Malakoff were in attendance.
AGTION: lt was m/s/p to accept the minutes of the meeting held on April 16, 2014 as submitted.
MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA RISE
Bruce Mowry, City Engineer reported that the Planning Department will be making a presentation at the
Mayor's Blue Ribbon Panel on Flooding and Sea Rise to be held on May 20,2014, 1 1:00 a.m. in the City
Manager's Large Conference Room.
DISCUSSION REGARDING BASIS OF DESIGN FOR NEW SEA WALLS IN THE CITY OF MIAMT
BEACH
Douglas Seaman, Assistant City Engineer stated that the City needs to hire a consultant to conduct a
study to be based on a 30 year storm event in order to gather the information from which a
recommendation for increasing sea wall height would be based.
DISCUSSION of ESTABLISHMENT OF CRITERIA FOR FLOOD ELEVATIONS FOR NEW
BUILDINGS
Gustavo Berenblum, Principal Architect, Berenblum Busch Architecture lnc., architects working with
Zaha Hadid on the Collins Park Garage, presented the current design for the project and designs
reflecting increasing base flood elevations two and three feet. The proposed raised designs
incorporated stairs, ramps and platforms into the plans. All designs have included ADA compliance
requirements. The surrounding plaza would also be elevated. lf roads are elevated, the building will be
ready.
ACTION: The recommendation of The Flooding Mitigation Gommittee to: 1) Raise the proposed ground
floor elevation of Collins Park Place Project to base flood plus three feet; 2) Accept the concept of Collins
Park Place presented by Berenblum Busch Architecture lnc. to incorporate the raised floor of base flood
elevation (BFE) plus three feet, and; 3) Refer the recommendation of establishing BFE plus three feet, as a
required criteria for all new and remodel residential and commercial buildings to the Land Use Committee
for further consaderation.
Commissioner Malakoff wanted to know what the unintended consequences would be to surrounding
properties if an elevated building would be next to an at grade building. Bruce Mowry, City Engineer
explained that new projects would be required to retain water on site with walls required.
DISGUSSION ON STORM WATER IMPACT FEE STRUCTURES
ACTION: It was m/s/p to defer the discussion to the meeting to be held June 18, 2014.
The meeting was adjourned at 6:05 p.m. The Flooding Mitigation Committee will meet next on
Wednesday, June 18,2014a| 5:00 p.m. in the City Manager's Large Conference Room. The meeting
will be posted on the City's website www.miamibeachfl.qov, Quick Links, Commission Committee
Referral Tracking (CCRT), Flooding Mitigation Home Page to obtain future and past agendas.
F:I ICRK\$ALL\(1) EMPLOYEE FOLDERS\CASTELLANOS DIANA\Flood Mitigation Commitlee\Flooding Mitigation Committee Meeting Minutes 5.14.2014.docx
209
c7
RESOLUTIONS
210
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City Manager or his designee to apply for and accept three (3) grants.
Key lntended Outcome Supported:
1) Ensure reliable stormwater management by implementing select short and long-term solutions including
sea level rise; 2) and 3) Maximize the Miami Beach brand as a world class destination.
Supporting Data: Community Satisfaction Survey 2012: 1\ 21J% of residents stated that "improving
infrastructure" was one of the areas that the City can address to improve public safety; 2) and 3) Over eight
out of ten residents (84%) claimed that one or more areas of the City were in need of improvement. ln an
open-ended follow-up question, residents remarked that Washington Avenue (1 7%) and South Beach (16%)
were the two areas most in need of im
Item Summary/Recommendation :
Approve and authorize the following grant application submittals: 1) US Department of Homeland Security,
Federal Emergency Management Agency, in the approximate amount of $1 million for funding from the
Flood Mitigation Assistance Grant Program for citywide drainage projects; 2) Florida Department of
Economic Opportunityfor Community Planning TechnicalAssistance grantfunds in the approximate amount
of $25,000 for a Revitalization/Economic Development Plan for Washington Avenue; 3) Florida Department
of Economic Opportunity for Community Planning Technical Assistance granl funds in the approximate
amount of $25,000 to create Design Criteria for Ocean Drive between 5"' to 1 5'" Streets; 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 lnformation :
Grant Name/Project
Financial lmpact Summary: N/A
$1 millionUS Department of Homeland
Security, Federal Emergency
Management Agency /Flood
Mitigation - Flamingo/La Gorce
$250,000/Stormwater
Bonds 20005, 99 GO
Bonds, 2003 GO Bonds
Florida Department of Economic
Opportunity, Com munity Planning
Technical Assistance
GranVRevitalization /Econom ic
Development Plan for Washington
Avenue
Florida Department of Economic
Opportunity, Community Planning
Technical Assistance GranU Design
Criteria for Ocean Drive
Judy Hoanshelt, Grants Manager, Office of Budget and Performance lmprovement
MIAMIBEACH 211
City of [liomi Beoch, I200 Conyention Center Drive, Miomi Beoch, Florido 33 I 39, www.miomibeochfl.gov
COMMISSI MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 11,2014
f the CityTO:
MIAMIBEACH
FROM:
DATE:
Subiect: A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT GRANTAPPLICATIONS TO: 1) US
DEPARTMENT OF HOMELAND SECURIW, FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA), FLOOD MITIGATION ASSISTANCE GRANT
PROGRAM FOR FUNDING, IN THE APPROXIMATE AMOUNT OF $1 MILLION,
FOR CITY DRAJNAGE PROJECTS; 2) FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY FOR FUNDING FROM THE COMMUNITY PLANNING
TECHNICAL ASSISTANCE GRANT PROGRAM IN THE APPROXIMATE
AMOUNT OF $25,OOO TO CREATE A REVITALIZATION/ECONOMIC
DEVELOPMENT PLAN FOR WASHINGTON AVENUE; 3) FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNIW, COMMUNITY PLANNING
TECHNIGAL ASSISTANCE GRANT PROGRAM IN THE APPROXIMATE
AMOUNT OF $25,OOO TO CREATE DESIGN CRITERIA FOR OCEAN DRIVE
BETWEEN sTH TO 15TH STREET; APPROPRIATING THE ABOVE GRANTS,
MATCHING FUNDS, AND CITY EXPENSES, IF APPROVED AND ACCEPTED
BY THE CITY AND AUTHORIZING THE EXECUTION OF ALL NECESSARY
DOCUMENTS RELATED TO THE AFORESTATED APPLICATIONS,
INCLUDING, WITHOUT LIMITATION, AUDITS, AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY ACTIONS
RELATED TO THESE GRANTS
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit a qrant application to the US Department of Homeland Securitv,
Federal Emerqency Manaoement Aoencv (FEMA), for fundinq from the Flood
Mitiqation Assistance Grant Proqram in the approximate amount of $1 million, for
citvwide drainaqe oroiects
The Federal Emergency ManagementAgency's Flood Mitigation Assistance (FMA) program
provides funds for projects to reduce or eliminate risk of flood damage to buildings that are
insured under the National Flood lnsurance Program (NFIP) on an annual basis. There are
three types of FMA grants available to Applicants: 1) Planning Grants - to prepare flood
mitigation plans; 2) Project Grants - to implement measures to reduce flood losses, such as
elevation, acquisition or relocation of NFIP-insured structures; and, 3) Management Cost
Grants - for the grantee to help administer the FMA program and activities.
212
Commission Memorandum
Page 2
The City is proposing applying for funding for drainage projects, including, but not limited to
the La Gorce Neighborhood lmprovements project and Flamingo Neighborhood
lmprovements project. This grant requires a 25o/o match (State pays 75% of total cost and
the City pays 25%). Matching funds are available in Stormwater Bonds 20005 (Flamingo
Neighborhood) and GO Bonds (La Gorce Neighborhood). This prolect supports the key
intended outcome ensure reliable stormwater management by implementing select short
and long-term solutions including sea-level rise.
2. Approval to submit a orant application to the Florida Department of Economic
Ooportunitv for the Communitv Plannino Technical Assistance Grant for fundino in
the aooroximate amount of $25.000 to create a Revitalization/Economic
Development Plan for Washinqton Avenue
Florida Department of Economic Opportunity provides funding though the Community
Planning Technical Assistance (CPTA) Grants Program to assist counties and municipalities
in meeting the requirement of the Comprehensive Planning Act, addressing critical local
planning issues, and promoting innovative planning solutions. Special consideration is given
to proposals which promote economic development and innovative planning proposals
which have applicability to other local governments in the state.
The Administration proposes applying for CPTA funds to create a revitalization/economic
development plan for Washington Avenue to address issues such as building appearance
and walkability. The City has received requests for plans to address the needs of
Washington Avenue from residents and Committees, including the Nightlife Task Force.
This project does not require matching funds and suppo(s the key intended outcome
maximize the Miami Beach brand as a world class destination.
3. Aoproval to submit a qrant aoplication to the Florida Department of Economic
Opportunitv for the Community Plannino Technical Assistance Grant Proqram for
The Administration also proposes applylng for Community Planning Technical Assistance
funds to create Design Criteria for Ocean Drive between Sth to 15th Streets. A brief
explanation of the CPTA grant program is provided above (ltem #2). The funding agency
will accept multiple applications from the same applicant; each application will be reviewed
based on its own merit.
The Administration proposes submitting a grant application forfunding to studyOcean Drive
between sth to 15th Streets for the purposes of enhancing the public right of way and
establishing uniform criteria for street furniture along ocean drive. Aspects that will be
studied include streetscape, landscape, sidewalk caf6 furniture, awning and umbrella
design.
The purpose of the study is to enhance the appearance and character of the historic conidor
thus creating an atmosphere that is more appealing residents and tourists alike. Presently,
the corridor is overcrowded with disparate street furniture that hides the many of the unique
architectural features of the historic buildings and minimizes pedestrian paths.
This prolect does not require matching funds and supports the key intended outcome
maximize the Miami Beach brand as a world class destination.
213
Commission Memorandum
Page 3
CONCLUSION
A Resolution of the Mayor and City Commlssion approving and authorizing the City Manager
or his designee to submit applications to: 1) US Department of Homeland Security, Federal
Emergency Management Agency (FEMA), for funding from the Flood Mitigation Assistance
Grant Program, in the approximate amount of $1 million for cih./wide drainage projects; 2)
Florida Department of Economic Opportunity for the Community Planning Technical
Assistance Grant for funding in the approximate amount of $25,000 for a
Revitalization/Economic Development Plan forWashington Avenue; 3) Florida Department
of Economic Opportunity for Community Planning Technical Assistance Grant Program in
the approximate amount of $25,000 to create Design Criteria for Ocean Drive between 5th to
1Sth Streets; approprlating 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.
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214
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
SUBMIT GRANT APPLICATIONS TO: 1) US DEPARTMENT OF
HOMELAN D SECURITY, FEDERAL EMERGENCY MANAGEM ENT
AGENCY (FEMA), FLOOD MTTTGATTON ASSTSTANCE GRANT
PROGRAM FOR FUNDING, IN THE APPROXIMATE AMOUNT OF
$1 MILLION, FOR CITY DRAINAGE PROJECTS; 2) FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY FOR FUNDING
FROM THE COMMUNITY PLANNING TECHNICAL ASSISTANCE
GRANT PROGRAM IN THE APPROXIMATE AMOUNT OF $25,OOO
TO CREATE A REVITALIZATION/ECONOMIC DEVELOPMENT
PLAN FOR WASHINGTON AVENUE; 3) FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY, COMMUNITY PLANNING
TECHNICAL ASSISTANCE GRANT PROGRAM IN THE
APPROXIMATE AMOUNT OF $25,OOO TO GREATE DESIGN
CRITERIA FOR OCEAN DRIVE BETWEEN sTH TO 15TH STREETS;
APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS,
AND CITY EXPENSES, !F APPROVED AND ACCEPTED BY THE
GITY AND AUTHORIZING THE EXECUTION OF ALL
NECESSARY DOCUMENTS RELATED TO THE AFORESTATED
APPLICATIONS, INGLUDING, WITHOUT LIMITATION, AUDITS,
AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
TAKE ALL NECESSARY ACTIONS RELATED TO THESE
GRANTS
WHEREAS, the Federal Emergency Management Agency's Flood Mitigation
Assistance (FMA) program provides funds for prolects to reduce or eliminate risk of flood
damage to buildings that are insured under the National Flood lnsurance Program
(NFIP) on an annual basis, and there are three types of FMA grants available to
applicants: planning grants. project grants and management cost grants; and
WHEREAS, the City is proposing applying for funding for drainage projects,
including, but not limited to the La Gorce Neighborhood improvements project and
Flamingo Neighborhood lmprovements project; and
WHEREAS, this grant requires a 25o/o match (State pays 75o/o of total cost and the
City pays 25%) and matching funds are available in Stormwater Bonds 20005 (Flamingo
Neighborhood) and GO Bonds (La Gorce Neighborhood); and
WHEREAS, this project supports the key intended outcome to ensure reliable
stormwater management by implementing select short and long- term solutions including
sea-level rise; and
WHEREAS, approval ls requested to submit a grant application to the US
Department of Homeland Security, Federal Emergency Management Agency (FEMA),
for funding from the Flood Mitigation Assistance Grant Program in the approximate
amount of $'l million, for citywide drainage projects; and
215
WHEREAS, Florida Department of Economic Opportunity provides funding though
the Community Planning Technical Assistance (CPTA) Grants Program to assist
counties and municipalities in meeting the requirement of the Comprehensive Planning
Act, addressing critical local planning issues, and promoting innovative planning
solutions and special consideration is given to proposals which promote economic
development and innovative planning proposals which have applicability to other local
governments in the state; and
WHEREAS, the Administration proposes applying for CPTA funds to create a
revitalization/economic development plan for Washington Avenue to address issues
such as building appearance and walkabillty; and
WHEREAS, the City has received requests for plans to address the needs of
Washington Avenue from residents and Committees, including the Nightlife Task Force;
and
WHEREAS, this project does not require matching funds and supports the key
intended outcome to maximize the Miami Beach brand as a world class destination; and
WHEREAS, the Administration requests approval to submit a grant application to the
Florida Department of Economic Oppo(unity for the Community Planning Technical
Assistance Grant for funding in the approximate amount of $25,000 to create a
Revitalization/Economic Development Plan for Washington Avenue; and
WHEREAS, the Administration also proposes applying for Community Planning
Technical Assistance funds to create Design Criteria and a brief explanation of the
CPTA program is provided above; and
WHEREAS, a brief explanation of the CPTA grant program is provided above and
the funding agency will accept multiple applications from the same applicant; each
application will be reviewed based on its own merit; and
WHEREAS, the Administration's study for Ocean Drive between 5th to 15n Streets
will be for the purposes of enhancing the public right of way and establishing uniform
criteria for street furniture along Ocean Drive and aspects that will be studied include
streetscape, landscape, sidewalk cafS furniture, awning and umbrella design; and
WHEREAS, the purpose of the study is to enhance the appearance and character of
the historic corridor thus creating an atmosphere that is more appealing to residents and
tourists alike; and
WHEREAS, presently, the corridor is overcrowded with disparate street furniture that
hides the many of the unique architectural features of the historic bulldings and
minimizes pedestrian paths; and
WHEREAS, this project does not require matching funds and supports the key
intended outcome to maximize the Miami Beach brand as a world class destination; and
216
WHEREAS, approval is requested to submit a grant application to the Florida
Department of Economic Opportunity for the Community Planning Technical Assistance
Grant for funding in the approximate amount of $25,000 to create Design Criteria for
Ocean Drive between 5'h to 'l sth Streets.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH that the Mayor and City Commission
hereby approve and authorize the City Manager or his designee to submit applications
to: 1) US Department of Homeland Security, Federal Emergency Management Agency
(FEMA), for funding from lhe Flood Mitigation Assistance Grant Program, in the
approximate amount of $1 million for citywide drainage projects; 2) Florida Department
of Economic Opportunity for the Community Planning Technical Assistance Grant for
funding in the approximate amount of $25,000 for a Revitalization/Economic
Development Plan for Washington Avenue; 3) Florida Department of Economic
Oppo(unity, Community Planning Technical Assistance Grant Program for funding in the
approximate amount of $25,000 to create Design Criteria for Ocean Drive between sth to
1Sth Streets; appropriating the above grants, funding requests, matching funds, and City
expenses and, if approved and accepted by the City, authorizing the execution of all
necessary documents related to the aforestated applications, including, without
limitation, audits, and authorizing the City Manager or his designee to take all necessary
actions related to these grants and funding requests.
PASSED and ADOPTED this day of _, 2014.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FCPM & LAi'iGUil'iE
& FOR EXECUIioi!
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Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving The lncrease ln
Scope To The Scott Rakow Youth Center lce Rink Associated With Renovation Of Existing Areas To lnclude New
Showers, Lockers, Multi-Purpose Room And Skate Rental Area And Authorizing The City Manager To Proceed With
Design Services; Negotiate And Execute, ln A Not To Exceed Amount Of $265,000, A guaranteed Maximum Price
(GMP) Amendment No. 2 To The Pre-Construction Services Agreement With Thornton Construction Company, lnc.,
Dated September 16, 2013, For Construction ManagementAt Risk Services AtThe Scoft Rakow Youth Center lce
Rink; Funding ln The Amount Of $265,000 ls Subject To A Capital Budget Amendment To The FY13/14 Capital
To Be Presented At The June 11 .2014 Commission Meeti
COMMISSION ITEM SUMMARY
lssue:
Item Summary/Recommendation :
On May 8, 2013, the Mayorand the City Commission approved Resolution No.2013-28199 authorizing the Mayorand
the City Clerk to execute a Pre-Construction Services Agreement with Thomton Construction. On March 5,2014,
resolution 2014-28527 approved and authorized the Mayorand the City Clerkto execute a Guaranteed Maximum Price
(GMP) Amendment No. 1 with Thornton Construction Company, lnc. for Construction Management at Risk Services for
the Scott Rakow Youth Center lce Skating Rink, Mechanical Repairs and Building Renovations Poect, 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.
At the March 5, 20'14 Commission meeting, the Commission directed staff to study the feasibility of incorporating the
following items to the cunent project. 1) Should there be a pro shop, 2) Make lobby accessible through the front, 3)
Move rental skates to a more ideal location, 4)Add locker rooms, 5) Add showers in the rink areas, and 6) Build party
rooms for kids.
Staff met with Bermello, Ajamil and Partners, lnc. (Consultant) to discuss issues pertaining to proposed additional
scope modifications to the current mechanical repair project, presently on-going. CIP, along with the Consultant,
reviewed the existing floor plan configuration within the lce Skating Rink facility and developed several plausible
options. The stakeholders had an opportunity to review the proposed options and arrived at a consensus of the
concept, currently being presented for approval.
Additional Scope lncludes, New women's and men's showers and locker rooms where the Existing Coaches' Office /
Room '123, Skate Rental/ Room 125 and Pro Shop / Room 129 are now located; New multipurpose Room where the
existing locker Room # 120-a, is currently located and adjacent area where the westernmost bleacher is located, and
the New skate rental, where the existing locker Room # 1'19-1, is currently located and adjacent area where the
easternmost bleacher is located-
The probable construction cost for the improvements (rough estimate) is $265,000 (based on 1 ,320 Sq.Ft. @ $150.00
/Sq.Ft. of the renovation area) which also includes General Conditions and Overhead & Proflt.
The current lce Skating Rink Mechanical project started construction on May 12, 2014.The contractual substantial
completion date is September g'n, 2014, and the final completion date is October 9'n , 2014. The estimated time to
complete the development of documents for the increased scope, building department review, permits, GMP
Amendment No. 2 preparation and construction is approximately six (6) months from approval of this additional scope.
The impact to the curent c.onstruction schedule is approximately three (3) months. This would extend the substantial
completion to December 9' ', 20'14.
The Administration recommends of this resolution.
Advisory Board Recommendation :
infrastructure with full accountabil
Supporting Data (Surveys, Environmental Scan, etc.): The2012 Customer Satisfaction Survey indicated that over
87% and 83% of City residents and businesses respectively, rated the appearance and maintenance of public buildings
as excellent or good; and over 81 % of residents rated recently completed capital improvement projects as excellent or
Financial
lnformation:ffia
Amount Account
,|
$265,000 302-2054-069357
. oBil_-Total
Financial lmoact Summarv:
T:iAGENDA\201 lce R nk- Amendment 2\Scott
AGENDA I clBE MIAMIBEACH
MMARY.doc
o^rE 6-ll- ltl219
g MIAMI BEACH
City of Miami Beoch, I 700 Convenlion Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 'l 1, 2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE Clry OF
MIAMI BEACH, FLORIDA, APPROVING THE INCREASE !N SGOPE TO THE
SCOTT RAKOW YOUTH CENTER ICE RINK ASSOGIATED WITH RENOVATION
OF EXISTING AREAS TO INCLUDE NEW SHOWERS, LOCKERS, MULTI.
PURPOSE ROOM AND SKATE RENTAL AREA AND AUTHORIZING THE CITY
MANAGER TO PROCEED WITH DESIGN SERVICES; NEGOTIATE AND
EXECUTE, IN A NOT TO EXCEED AMOUNT OF $265,000, A GUARANTEED
MAXIMUM PRICE (GMP) AMENDMENT NO. 2 TO THE PRE-CONSTRUCTTON
SERVICES AGREEMENT WITH THORNTON GONSTRUCTION COMPANY, ING.,
DATED SEPTEMBER 16, 2013, FOR CONSTRUCTION MANAGEMENT AT RISK
SERVICES AT THE SGOTT RAKOW YOUTH CENTER lGE RINK; FUNDING lN
THE AMOUNT OF $265,000 IS SUBJEGT TO A CAPITAL BUDGET AMENDMENT
TO THE FY13I14 CAPITAL BUDGET TO BE PRESENTED AT THE JUNE 11,2014
GOMMISSION MEETING.
ADMINISTRATION REGOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure well-maintained facilities.
BACKGROUND
The Mayor and City Commission at its December 12, 2012, 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 - lce 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 was interviewed along with one (1) other CMR Firm.
On February 26,2013 the selection committee unanimously ranked Thornton Construction as
the top ranked firm.
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,
the
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Commission Memorandum - Scott Rakow Youth Center lce Rink Additional Renovation
June 11,2014
Page 2
existing on site conditions, preliminary budget evaluation, project scheduling and phasing,
value engineering, and constructability recommendations to the design consultants.
On March 5, 2014, resolution 2014-28527 approved and authorized the Mayor and the City
Clerk to execute a Guaranteed Maximum Price (GMP) Amendment No. 1 with Thornton
Construction Company, lnc. for Construction Management at Risk Services for the Scott
Rakow Youth Center lce Skating Rink, Mechanical Repairs and Building Renovations Prolect,
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.
ANALYSIS
At the March 5, 2014 Commission meeting, the Commission directed staff to study the
feasibility of incorporating the following items to the current project.
. Should there be a pro shop. Make lobby accessible through the frontr Move rental skates to a more ideal locatione Add locker rooms. Add showers in the rink areas. Build party rooms for kids
Staff attended various meetings with stakeholders to analyze current circulation patterns that
patrons go through to rent skates or purchase tickets. The present location of the skate rental
office does not peform efficiently for patrons or staff. The skate rental area is currently at the
opposite end of the lce Rink main entrance which generates additional resources from staff
and allows patrons to travel a long distance through the facility to purchase ticket and skate
rental, hence, no control of patrons. The current location of the skate rental also forces patrons
to walk through a wet area on their way to the bleachers to put on their skates. lmprovements
have been identified that would facilitate access for visitors to pay for their ticket and rent
skates within close proximity of main entrance. Staff will have visual control of all visitors
entering and exiting the facility. Additionally, stakeholders noted that lhe current lce Rink does
not contain shower facilities within the building. The only showers at the Scott Rakow facility
are located by the pool building outside the lce Rink facility. The facility is also lacking a
multipurpose room to allow for small events to take place within the lce Rink.
Staff met with Bermello, Ajamil and Partners, lnc. (Consultant) to discuss issues pertaining to
proposed additional scope modifications to the current mechanical repair project, presently on-
going. ClP, along with the Consultant, reviewed the existing floor plan configuration within the
lce Skating Rink facility and developed several plausible options. The stakeholders had an
oppo(unity to review the proposed options and arrived at a consensus of the concept,
currently being presented for approval.
Additional Scope lncludes:
'l ) New women's and men's showers and locker rooms where the Existing Coaches'
Office / Room 123, Skate Rental / Room 125 and Pro Shop / Room 129 are now
located with an approximate area of 595 Sq.Ft.
221
Commission Memorandum - Scott Rakow Youth Center lce Rink Additional Renovation
June 11,2014
Page 3
2) New multipurpose room where the existing locker Room # 12Q-a, is currently located
and adjacent area where the westernmost bleacher is located, with and approximate
area of 372 Sq.Ft.
3) New skate rental, where the existing locker Room # 119-1, is currently located and
adjacent area where the easternmost bleacher is located, with an approximate area of
353 Sq.Ft.
The probable cost of construction (rough estimate) is $265,000 (based on 1,320 Sq.Ft. @
$150.00 iSq.Ft. of the renovation area) which also includes General Conditions and Overhead
& Profit.
The current lce Skating Rink Mechanical project started construction on May 12, 2014.The
contractual substantial completion date is September gth,2014, and the final completion date
is October gth, 2014. The estimated time to complete the development of documents for the
increased scope, building department review, permits, GMP Amendment No. 2 preparation
and construction is approximately six (6) months from approval of this additional scope. The
impact to the current construction schedule is approximately three (3) months. This would
extend the substantial completion to December gtn, 2014.
CONCLUSION
The Administration recommends a resolution of the Mayor and City Commission of the City of
Miami Beach, Florida, approving the increase in scope to the Scott Rakow Youth Center lce
Rink associated with renovation of existing areas to include new showers, lockers, multi-
purpose room and skate rental area and authorizing the city manager to proceed with design
services; negotiate and execute, in a not to exceed amount of $265,000, a Guaranteed
Maximum Price (GMP) Amendment No. 2 to the pre-construction services agreement with
Thornton Construction Company, lnc., dated September 16, 2013, for construction
management at risk services at the Scott Rakow Youth Center lce Rink; funding in the amount
of $265,000 is subject to a Capital budget Amendment to the FY13/14 capital budget to be
presented at the June 11, 2014 commission meeting.
NS
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RESOLUTION TO BE SUBMITTED
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And
City Clerk To Execute Amendment No.4 To The Professional Architectural And Engineering (AJE) Services
Agreement With The Joint Venture Ol Zaha Hadid Limited TIA Zaha Hadid Architects And Berenblum Busch
Architecture, lnc., Dated May 3, 2012, For The Additional Services Related To Raising The Proposed Ground Floor
Elevation To Base Flood Elevation Plus (3) Three Feet, ForThe Design, Permitting And Construction Administration
Of Certain Right-Of-Way lmprovements Required By Miami-Dade County Public Works Traffic Division, And For
The Replacement Of A Sanitary Sewer Line Along Liberty Avenue; ln The Negotiated Not-To-Exceed Amount Of
:With
Build n orioritv infrastructure with full
Supporting Data (Surveys, Environmental Scan, etc.):
The Cultural Campus is currently serviced by 55 parking spaces on two surface parking lots; these will be replaced
with a oarkino structure of over 400
lssue:
and Commission the Resolution?
AGENDA ITEM cac
Item Summary/Recommendation:
On April 16,2014, the Flooding Mitigation Committee requested staff to evaluate the design impact of the
implementation of a freeboard elevation of two (2) and three (3) feet above Base Flood Elevation.
ln order to comply with a freeboard elevation of three feet above Base Flood, the new finish floor elevation will need
to be set at approximately 4.59 feet higher than the existing sidewalk. On May 15, 2014, the design team presented
a preliminary concept that resolves this challenge by elevating the entire site and gradually sloping the sidewalk
along Park Avenue and 23rd Street to meet the required finish floor elevation. This solution preserves the natural
pedestrian flow into each retail space as well as egress from ad.iacent buildings, while still accommodating
American Disability Act requirements throughout. The Committee recommended raising the proposed ground finish
floor elevation to Base Flood Elevation plus a freeboard of (3) three feet (9.45 NAVD) to the City Commission.
As a result of the necessary design revisions, several disciplines including architecture, civil engineering, Structural
engineering, and parking design will be impacted. The total negotiated fee requested for this additional effort is
$192,500.
ln addition, as a condition for granting approval of the project, the Miami-Dade County Public Works Traffic
Engineering Division has requested the implementation of certain righlof-way improvements such as a roundabout
at lhe intersection of Park Avenue and 22nd Street, and a median along Park Avenue between 22nd and 23'd Streets
to minimize the potential traffic impact to Dade Boulevard, as a result of the queuing to the proposed entrance to the
garage at Park Avenue. The negotiated fee for the design, permitting and construction administration for the added
scope of work is $42,920.
And finally, upon investigation of the existing sanitary sewer line along Liberty Avenue, the Public Works
Department has determined that it must be replaced. The negotiated fee for the design, permitting and construction
administration for the added scope of work is $14,028.
The total amount to be approved under Amendment No. 4 is $249,448, which the Administration believes to be a
fair and reasonable request given the level of effort required.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THIS RESOLUTION.
Floodino M Committee
Source of
Funds:
Amount Account
1 $192,s00 Fund 365 - City Center RDA 365-2801-061357
2 $ 56,S48 Fund 365 - City Center RDA 365-2953-061357
Total $249,448
Financial lmpact Summary:
Clerk's Office
David Martinez, P.E. ext. 6972
-4.
DeoartmE
DM
rctorlAssistanl,St$.ERaserlCity a&aqerJ I .tt-MMT
T:\AGXENDA\2014\JurtlcollMtark Place -($)pFnt e"rt Place - zHA and BBA 4-Summary-Rev
E MIAMIBEACH D,r]E 6'l/- lq225
g MIAMIBEACH
Design:
$192,500
$ 56.948
$249,448
BACKGROUND
On March 21,2012, the City Commission adopted Resolution No.2012-27869, approving a
Professional Services Agreement between the City and a joint venture of Zaha Hadid Limited Va
Zaha Hadid Architects and Berenblum Busch Architecture, lnc. (the Consultant) for the Planning,
Architectural, Engineering, Design, Bid And Award, And Construction Administration Services for the
Collins Park Place Project. The Agreement was executed in the amount of $1,969,000.
City of Miomi Beoch, l70O Conveniion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members ofllthe City
FROM: Jimmy L. Morales, City Manager
DATE: June '1 1, 2014
SUBJECT:A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT NO. 4 TO THE PROFESSIONAL ARCHITECTURAL AND
ENGINEERING (A'/E) SERVICES AGREEMENT WITH THE JOINT VENTURE oF ZAHA
HADID LIMITED T/A ZAHA HADID ARCHITECTS AND BERENBLUM BUSCH
ARCHITECTURE, INC. DATED MAY 3, 2012, FOR THE ADDITIONAL DESIGN
SERVICES RELATED TO RAISING THE PROPOSED GROUND FLOOR ELEVATION
TO BASE FLOOD ELEVATTON PLUS A FREEBOARD OF THREE (3) FEET, FOR THE
DESIGN, PERMITTING AND CONSTRUCTION ADMINISTRATION SERVICES OF
CERTAIN RIGHT.OF.WAY IMPROVEMENTS REQUIRED BY MIAMI-DADE COUNTY
PUBLIC WORKS TRAFFIC DIVISION, AND FOR THE REPLACEMENT OF A
SANITARY SEWER LINE ALONG LIBERTY AVENUE; IN THE NEGOTIATED NOT-TO-
EXCEED AMOUNT OF $249,448 WITH PREVIOUSLY APPROPRIATED FUNDING.
ADM INISTRATION RECOMM ENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Build and mainlain priority infrastructure with full accountability.
FUNDING
Previously appropriated funds for this project will be allocated as follows:
Fund 365 - City Center RDA
Fund 365 - City Center RDA
365-2801-061357
365-2953-061357
226
Commission Memorandum - Collins Park Place - ZHA and BBA Amendment No 4
June 11 , 2014
Page 2 of 3
On January 16, 2013 the City Commission adopted the Basis of Design Report (BODR), as well as
Resolution No.2013-28120 granting a waiver of certain development regulations regarding the
maximum building height, allowing an additional six (6) feet in height.
On September 30, 2013, Amendment No. I was executed in the amount of $8,935, for the provision
of additional surveying services, and extended representation during the July City Commission
Meeting.
On December 9, 201 3, Amendment No. 2 was executed in the amount of $12,114, for the provision
of a Phase ll Environmental Site Assessment, for the investigation of recognized environmental
conditions (RECs) identified on the Phase I Environmental Site Assessment report.
On May 28,2014, Amendment No. 3 was executed in the amount of $24,969, for the provision of
design studies and a rough order of magnitude cost estimate related to raising the proposed ground
floor elevation two (2) and three (3) above Base Flood Elevation.
ANALYSIS
The proposed ground finish floor elevation for Collins Park Place is set at approximately 6.13 NAVD.
Base Flood Elevation for this area is 6.54 NAVD, while the existing sidewalk elevation is at
approximately 4.86 NAVD.
On April 16,2014, the Flooding Mitigation Committee requested staff to evaluate the design impact
of the implementation of a freeboard elevation of two (2) and three (3) feet above Base Flood
Elevation.
ln order to comply with a freeboard elevation of three feet above Base Flood, the new finish floor
elevation will need to be set at approximately 4.59 feet higher than the existing sidewalk. On May 15,
2014, the design team presented a preliminary concept that resolves this challenge by elevating the
entire site and gradually sloping the sidewalk along Park Avenue and 23rd Street to meet the
required finish floor elevation. This solution preserves the natural pedestrian flow into each retall
space as well as egress from adjacent buildings, while still accommodating American Disability Act
requirements throughout. The Committee recommended raising the proposed ground finish floor
elevation to Base Flood Elevation plus a freeboard of (3) three feet (9.45 NAVD) to the City
Commission.
As a result of the necessary design revisions, several disciplines including architecture, civil
engineering, structural engineering, and parking design will be impacted. The total negotiated fee
requested for this additional effort is $192,500.
ln addition, as a condition forgranting approval of the project, the Miami-Dade County Public Works
Traffic Engineering Division has requested the implementation of certain right-of-way improvements
such as a roundabout at the intersection of Park Avenue and 22no Street, and a median along Park
Avenue between 22"d and 23'd Streets to minimize the potential traffic impact to Dade Boulevird, as
a result of the queuing to the proposed entrance to the garage at Park Avenue. The negotiated fee
for the design, permitting and construction administration for the added scope of work is $42,920.
And finally, upon investigation of the existing sanitary sewer line along Liberty Avenue, the Public
Works Department has determined that it must be replaced. The negotiated fee for the design,
permitting and construction administration for the added scope of work is $14,028.
The total amount to be approved under Amendment No. 4 is $249,448, which the Administration
believes to be a fair and reasonable request given the level of effort required.
227
Commission Memorandum - Collins Park Place - ZHA and BBA Amendment No 4
June 11 , 2014
Page 3 of 3
GONCLUSION
The Administration recommends approval of the attached Resolution, authorizing the Mayor and City
Clerk to execute Amendment No. 4 to the Professional Architectural and Engineering (fuE) Services
Agreement with the Joint Venture of Zaha Hadid Limited TIA Zaha Hadid Architects and Berenblum
Busch Architecture, lnc., dated May 3, 2012, for the additional services related to raising lhe
proposed ground floor elevation to base flood elevation plus three feet, for the design, permifting and
construclion administration services of certain right-of-way improvements required by Miami-Dade
County Public Works Traffic Division, and for the replacement sanitary sewer line along Liberty
Avenue; in the negotiated not-to-exceed amount of $249,448; with previously approprialed funding.
Attachment:
Amendment No. 4
Lrnrffiour
T:IAGE NDA\2014\June\Collins Park Place - ZHA and BBA Amendment No 3\Collins Park P ace - ZHA and BBA Amendment No
4.docx
228
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISS]ON OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHOR]ZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO.4 TO THE PROFESSIONAL ARCHITECTURAL
AND ENGTNEERTNG (A/E) SERVICES AGREEMENT WITH THE JOTNT
VENTURE OF ZAHA HADID LIMITED T/A ZAHA HADID ARCHITECTS AND
BERENBLUM BUSCH ARCHITEGTURE, INC., DATED MAY 3,2012, FOR THE
ADDITIONAL SERVICES RELATED TO RAISING THE PROPOSED GROUND
FLOOR ELEVATION TO BASE FLOOD ELEVATION PLUS A FREEBOARD OF
THREE (3) FEET, FOR THE DESIGN AND IMPLEMENTATION OF CERTAIN
RIGHT.OF.WAY IMPROVEMENTS REQUIRED BY MIAMI-DADE COUNTY
TRAFFIC DIVISION, AND FOR THE DESIGN OF A REPLAGEMENT SANITARY
SEWER LINE ALONG LIBERTY AVENUE; lN THE NEGOTIATED NOT-TO-
EXCEED AMOUNT OF $249,448 WITH PREVIOUSLY APPROPRIATED
FUNDING.
WHEREAS, on March 21 ,2012, the City Commission adopted Resolution No. 2012-
27869, approving a Professional Services Agreement between the City and a joint venture of
Zaha Hadid Limited tla Zaha Hadid Architects and Berenblum Busch Architecture, lnc. (the
Consultant), in the amount of $2,951,823, forthe Planning, Architectural, Engineering, Design,
Bid And Award, And Construction Administration Services; and
WHEREAS, the Basis of Design Report (BODR) was adopted by the City Commission
on January 16, 2013; and
WHEREAS, on September 30, 2013, Amendment No. 1 was executed in the amount of
$8,935, for the provislon of additional surveying services, and extended representation during
the July City Commission Meeting; and
WHEREAS, on December 9, 2013, Amendment No. 2 was executed in the amount of
$12,114, for the provision of a Phase ll Environmental Site Assessment, for the investigation of
recognized environmental conditions (RECs) identified on the Phase I Environmental Site
Assessment report; and
WHEREAS, on May 28, 2014, Amendment No. 3 was executed in the amount of
$24,969, for the provision of design studies and a rough order of magnitude cost estimate
related to raising the proposed ground floor elevation to two and three feet above Base Flood;
and
WHEREAS, the following Amendment No. 4 to the Agreement, in the amount of
$249,448, is for construction documents revisions required as a result of the implementation of
the Flooding Mitigation Committee's recommendation to raise the proposed finish floor elevation
to Base Flood plus three (3) feet, for the design and implementation of certain right-of-way
improvements required by Miami-Dade County Traffic Division, and for the design of a
replacement sanitary sewer line along Liberty Avenue, requested by the City's Public Works
Department; and
WHEREAS, the new total amount of the agreement is $3,247,289.
229
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 of The City of Miami Beach, Florida, authorize the Mayor and City Clerk to Execute
Amendment No. 4 to the Professional Architectural and Engineering (A/E) Services Agreement
with the Joint Venture of Zaha Hadid LimitedflAZaha Hadid Architects and Berenblum Busch
Architecture, lnc., dated May 3,2012, for the additional services related to raising the proposed
ground floor elevation to base flood elevation plus a freeboard of three (3) feet, for the design
and implementation of certain right-of-way improvements required by Miami-Dade County
Traffic Division, and for the design of a replacement sanitary sewer line along Liberty Avenue,
requested by the City's Public Works Department; in the negotiated not-to-exceed amount of
$249,448 with previously appropriated fund ing.
PASSED AND ADOPTED this 11th day of June, 2014.
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
APPROVED AS TO FORM. LANGUAGE
AND FOR EXECUTION
City Attorney Date
T:\AGENDAU014\June\Collins Park Place - ZHA and BBA Amendment No 3\Collins Park Garage - ZHA and BBA Amendment No 4
- Reso.doc
APPROVED AS TO
FORM & LANGUAGE
& FNH EXECUTION
230
AMENDMENT NO.4
TO THE PROFESSIONAL ARCHITECTURAL
AND ENGINEERING (A/E) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
A JOINT VENTURE OF ZAHA HADID LIMITED T/A ZAHA HADID ARCHITECTS AND
BERENBLUM BUSCH ARCHITECTURE, INC.
DATED MAY 3RD,2012,
FOR THE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES FOR THE COLLINS PARK GARAGE PROJECT IN THE AMOUNT
oF $249,448
This Amendment No. 4 to the Agreement made and entered this _day of_ , 2014, by
and between the CITY OF MIAMI BEACH, a municipal corporation existing underthe laws of the State
of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida 331 39, and a Joint Venture ot Zaha Hadid Limited tla Zaha Hadid Architects, a
company certlfied by the Registrar of Companies for England and Wales, having its principal office at
10 Bowling Green Lane, London, EClR 0BQ,United Kingdom (hereinafter referred to as the "Prime
Architect'; and Berenblum Busch Architecture, lnc., a Florida corporation, having its principal office at
2700 North Miami Avenue, Suite 601 , Miami, Florida 33127 (hereinafter referred to as the "Executive
Architect").
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 31-10/1 1, the Mayor and City
Commission adopted Resolution No.2Q12-27869 on March 21,2012, approving a Professional
Services Agreement (the Agreement) between the City and a joint venture of Zaha Hadid Limited Va
Zaha Hadid Architects and Berenblum Busch Architecture, lnc., in the amount of $2,951 ,823, for the
Planning, Architectural, Engineering, Design, Bid and Award, And Construction Administration Services
for the Collins Park Garage Project; and
WHEREAS, Amendment No.1 to the Agreement, for the provision of additional surveying
services and extended representation during July City Commission meetings, was executed on
September 30, 2013, in the amount of $8,935; and
WHEREAS, Amendment No.2 to the Agreement, forthe provision of a Phase ll Environmental
Site Assessment, forthe investigation of recognized environmental conditions (RECs) identified on the
Phase I Environmental Site Assessment report, was executed on September 30, 2013, in the amount of
$12,114" and
WHEREAS, Amendment No. 3 to the Agreement, for the provision of design studies and a
rough order of magnitude cost eslimate related to raising the proposed ground floor elevation between
two (2) and four (4) feet (Base Flood Elevation plus 2 or 3 feet), was executed on May 28, 2014, in the
amount of $24,969; and
WHEREAS, the following Amendment No. 4 to the Agreement, in the amount of $249,448, is for
construction documents revisions associated with raising the proposed finish floor elevation to Base
Flood plus three (3) feet for the design, permitting and construction administration services of certain
right-of-way improvements required by Miami-Dade County Public Works Traffic Division; and for the
design, permitting and construction administration for the replacement sanitary sewer line (and
associated structures if required) along Liberty Avenue, requested by the City's Public Works
Department; and
WHEREAS, the new total amount of the agreement is $3,247,289; and
Page 1 of 3
Collins Park Garage - Amendment No. 4 231
2.
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.4.
MODIFICATIONS
The Agreemenl is amended as defined in Schedule "A-4", attached herein.
OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
RATIFICANON.
The City and Consultant ratify the terms of the Agreement, as amended by this Amendment
No.4.
lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be executed
in their names by their duly authorized officials as of the date first set forth above.
ATTEST:CITY OF MIAMI BEACH
3.
4.
Rafael Granado
City Clerk
ATTEST:
Signature / Secretary:
Print Name
ATTEST:
Signature / Secretary:
Print Name
Page 2 of 3
Collins ParR Garage - Amendment No. 4
Philip Levine
Mayor
PRrME ARCHTTECT (P.A.y ZAHA HADrD
LIMITED T/A ZAHA HADID ARCHITECTS
Signature / President
Print Name
EXECUTTVE ARCHTTECT (E.A.y
BERENBLUM BUSCH ARCHITECTURE,
ING.
Signature / President
Print Name
APPROVEDASTO
FORM & LANGUAGE
&FOREXECUTION
1\i\r4
--CityAttomey Date232
SCHEDULE "A.4"
SCOPE OF SERVICES
Schedule "A" entitled, "Scope of Services", is amended as follows:
Add the following under Task 6 - ADDITIONAL SERVICES
Task 6.5.1 - Design and Construction Documents Revisions - Finish Floor Elevation:
Design and construction documents revisions associated with raising the proposed ground finish floor
elevation to Base Flood plus three (3) feet, as recommended by the Flooding Mitigation Committee.
Task 6.5.2 - Right-of-Way lmprovements required by Miami-Dade County Public Works Traffic
Division:
Design, permitting and construction administration of certain right-of-way improvements required by
Miami-Dade County Public Works Traffic Division, during the January 31 ,2014 meeting, as a
condition for project approval. These include a roundabout on the corner of Park Avenue and 22no
Street, and a median along Park Avenue between 22nd and23'd Streets, and bulb-out on LibertyAve.
Task 6.5.3 - Sanitary sewer line replacement:
Design, permitting and construction administration services forthe replacementof the existing gravity
sewer line along Liberty Avenue (including associated structures if required), as requested by the
City's Public Works Department.
PAYMENT AND COMPENSATION
The total fee proposed for this Scope of Work is $249,448 (refer to Exhibit A-4 attached herein).
COMPENSATION
Zaha Hadid
Limited
Berenblum Busch
Architectu re
Total
Orioinal Aqreement Amount $1,276.000 $1.675,823 $2,951,823
AmendmentNo. 1 N/A $ 8.935 $ 8,935
Amendment No. 2 N/A $ 12,114 $ 12,114
Amendment No. 3 $ 17,509 $ 7,460 $ 24,969
Amendment No. 4 $ 109,981 $ 139,467 $ 249.448
Revised Aqreement Amount $1.403,490 $1.843.799 $3.247.289
Page 3 of 3
Collins Park Garage - Amendment No. 4
233
EXHIBIT A-,+
BEREN9LIaI E\rg,_rt Al16lil7E:al FE. iNa
]i,',:. ,,'" n,
t't ay 22,2014 [Revised iuna 02. 201 4l
M r. Humbe,io Cabanas
City of Miami Beach
': 700 Conventjon Center Driva
Miami Beach Fl. 33139
Re: AmendmEnt No.4
Adjustrnents to the proiect as follows:
l-City's request to raise the ground floor finish ftoor 3 feet above the current
Building F&rod Elevation.
2-Sanitary line replacement and extension along Liberty Avenue from 23d Street
to 22d Street.
3- Design ol a ro;ndabout and median on Park Avenue between 22nd and 23'd
Street,
Dear llr. Cabanasr
Berenbium Busch Archiieclure, lnc. (BBA) rs pleased to present the enclosed proposal for
additional services related to design revisions requested by the City of [liami Beach.
The revisions include lhe request to raise the ground floor finish elevation as shown on Strategy
2 (BFE+3) dated I'lay 14t . 2A14 presenled and approved by the Flooding Commiitee
{Amendment #3), lor a previously approved amount of $25,000. This strategy includes creating a
platform at the nerv elevation fcr the retail and sidelvalk portions of the prcject. u,hile slighlly
ramping the public piaza and Liberty Avenues to lessen the impact oi the height increase. The
revisions impact several disciplines includrng architecture, civit engrneerlng, slructural
engineering. parking design and cost estimating Time extension to the ccntract: approximately
1.5 months upon receiving approval.
The following additional fees are being requested:
ZAHA HADID AHCHITECTS:
BBA:
LANGAN ENGINEEHING:
Tli\l HAAS & Assoc.
PACO GROUP:
BBA Sub-Totai
To:al {Not-to-Exce€di
DE SltrONE: S 20.00C.00
s109.981 .00
s 44,718.95
s 15.000.00s 2.200.00S 600.00
s 32.518.9s
s192,499.95
The saniiary iine extension concerns civri eng,,te€ring servlces for a gravriy saniiary extension
aioog Liberty Avenu€ to repiace an exrsirnc 15" diamete'- line rr;itit a ne'r/ DIP graviiy sewei'and
cuttino rn a rnanhoie co the axisirng si,stem JSafer'to socl)sad hei'e,litl proposai from Langan
Engrneeringr
Fee iNot-tc-exceed)
Langan Engineering 514,028.C0
.Tii ? roundabo,.ri anC rnecian Cesiln lvas rgcuesi:,c o;r ,.lrami.)ade Co!nty rn reiailon to t1e
Coll .rs Park Place pro ect. it en'rai s i,re georneiric destgn of t:^e cr.cie the curbing plan oi'ire
proprlsad rounclahout aocj ine ti'aiic sepai'ator tn.it \rlli ext-=nci frcff 22'' tc 23: Siraei. p+r
234
oc.troo.)a(lJao-!():f(r4)(,.pou)itsq.9 di=i=9E\u (),ad-c-o-c<(ujq)N--i,fa oc i .EY '-o ') | oc) >\;..': ! i q)Ct cq di :6, qtr oS EE 5 i E8AE H i oi; * fE E ri{ EIEE it F$E ** :F gI flEsssiE= i#$eit EE\ :235
ZAHA HADID ARCHITECTS, TTD.
AMENDMENT NO.4. FEE SCHEDULE
FOR PROFESSIONAL SERVICES AND BILLING BREAKDOWN
Ground Elevation Change - add 3'to Base Flood Elevation and adjust design accordingly
Date: May 28,2014
Professional Personnel Rates Task 1
Principal
Sr. Architect
Sr. Designer
Architect
Architect
s1s0.00
s11s,oo
s11s.00
s101.00
s101.oo
Hrs
49
230
240
240
241,
Billable
s7,3s0.00
s26,4s0.00
$27,600.00
s24,240.00
524,34L.00
Task 1. lmplernentation of construction documents revision related
to ground floor at new elevation of BFE +3' and coordination with
consultants and Berenblum Busch Architects
236
BERENBLUM BUSCH ARCHITECTURE, INC.
AMENDMENT NO. 4. FEE SCHEDULE
FOR PROFESSIONAL SERVICES AND BILLING BREAKDOWN
Ground Elevation Change - add 3'to Base Flood Elevation and adjust design accordingly
Date: May 28, 2014 [Revised June 02,2014]
Professional Personnel Ratet Task 1
Principa I
Sr, Architect
Architect
Architect
s1s0.00
s11s,00
5101.oo
s101.00
Hrs
2t
27.73
1.80
200
Billa ble
$3,150.00
3,188.95
s18,180.00
s20,200.00
Task 1. lmplementation of construction documents revision related
to ground floor at new elevation of BFE +3'and coordination with
consultants and Zaha Hadid Architects
237
LANGAN ENGINEERING & ENVIRONMEIUTAL SERVICES
15150 NW 79th Court
Suite 200, Miami Lakes, FL 33016
(215) 864-0640 FAX (215) 864-0671
CONTRACT CHANGE ORDER FOR AODITIONAL SERVICES
DATE: I April 2014 REVISED: 30 May 2014
CHANGE ORDER NO:
CONTRACT:
PROJECT NO.: 300089801
PROJECT TITLE: Collins Park Garage
ORDER BY: Gustavo Berenblum
COMPANY: Berenblum Busch Architecture (CLIENTI
STATEMENT OFWORK:
This change order has been prepared to identify additional scope and fees associated with regrading the
proposed site of the Collins Park Garage. Currently the proposed grading reflects finished floor elevations
that are 4 inches above the highest adjacent road crown elevations. We have been advised by Berenblum
Busch Architecture that the City of Miami Beach is in the process of passing an ordinance that will require
all new buildings to have the minimum finished floor elevation a minimum of 36-inches above the FEMA
Base Flood Elevation. To meet the requirement of the proposed ordinance, the site plan will have to be
modified by Berenblum Busch Architecture which in turn will require redesigning the site grading. This
additional service proposal is for redesigning the site grading and drainage plan. This proposal excludes
design of retaining walls and design of structural elements.
COST:
This additional work will be invoiced on a lump sum basis based upon the fee estimate.
CHANGE ORDER TOTAL:$ 15.084 (See attached man-hour allocation table)
LANGAN will proceed with the above described scope of services upon receipt of this lorm signed byyou
which authorizes Langan to begin work.. If notified to stop work on these services, the client agrees to pay
Langan for all work completed up to the stop-work notification. All terms of the original agreement remain
in effect.
-- --' '' l
-
//..r..4,-J 'j-=.' .>-
Agreement Authorrzed By : Gustavo Berenblum, AIA
CC:
for Langan: Leonardo Rodriguez, P,E.
\\langan.com\data\N'[Mata8\30008930 I Marketing Data\Proposalse0l4-04-08 Rcvised Regrading Add SeraiccsEo l4-04-08 Site Regmding Add Services.docx
238
PROJECT NAME: COLLINS PARK GARAGE REGRADING (ADD. SERVICES)
Jre
:ATIOx: CIy ot f,rjarni B6ac}I IdbBU-Oad CotJn y, FL
rASK
PRIN
3150.00
PM
9120.00
PES
3r01.00
Cad
383.00
ln!p
383.00
CLER
t35.00 AflOUNI
Meelings witfi Ossign Team to
aoo.dinat6 revised g.ading. Three
meetings at foi.Jr hotJrt each.
P.epars cqrceptual grading plan,
Redesign d.ainage structures at
nt..s6cton of 23rd Sf.et and Libefty
Prepare 25% of th€ 5o%design
Jevelopme. gradiog plan.
Propare 50% ofthe 60% design
l6Yelopm6nt grading plan.
2
2
2
8
8
12
24
r6
16
,t0
50.00
i240.00
62.376.00
92,376.00
$4,108.00
85,984.00
90.00
Iotd 0 't0 52 104 0 0 fi 5.06400
239
nttOTFl//.ssoctATEs,lNc
40 NlV:rd Str-"et S(ile 1102
MtArlll. FL 33r23
T.305-532-7123 F.305'5S2-71 13
March '1 1, 2014 (revised May 22,2014)
Mr. Mario Menendez
Project Designer
Berenblum Busch Architecture
2700 North Miami Avenue
Suite 601
Miami, FL 33127
RE: Miami Beach Collins Park Garage Finish Floor Elevation & Additional Seruices
Miami Beach, FL
Dear Mr. Mendez:
Timothy Haahs & Associates, lnc. (TimHaahs) is pleased to provide you with our scope of services and
fee to provide additional services related to the City of Miami Beach Public Works implementing a change
in determining finish floor elevations for all new buildings and renovations, including the Collins Park
parking facility. We understand that this new regulation will require the finish floor to be set at +3 feet
above the base flood elevation.
SCOPE OF SERVICES
The following is an outline of our proposed additional seryices:
. Calculation of slope/ramp design to conform lo the necessary clearances required for
programming space under the ramp.. Study possible relocation of PARC equipment to conform to any changes to ramp.. lnternal review of proposed design.r Coordination with ZHA and BBA.
PROFESSIONAL FEE
TimHaahs requests these additional services based on the scope of work outlined above for a Lump Sum
Professional Fee of Two Thousand Two Hundred Oollars (92,200.00).
Our hours will be broken down by staff member as follows:
Principal 2 hours 87.00
Senior Designer 26 hours 67.00
Proiect Manaqer 4 hours $71.00
PtAltt\tltJC ARCHITECTI]RE E NG III EEN IN G PARKII] G
240
Mr. Mario Mendez
Berenblum Busch Architecture
Miami Beacj Collins Park Garage Additional Services
March 11, 2014 (revised May 22,2014)
Page 2
We appreciate the opportunity to provide you with our request for these additional services. We look
fonvard to continuing to serve MDDA by providing these services in a prompt and professional manner.
Sincerely,
< -\,
. ,/'ill/,1a./+r
Timothy Haahs, PE, AIA
President
CC: Juan Ramos
AUTHORIZATION
Trusting the above is satisfactory, please sign and return one copy as our authorizatron to proceed.
Signature:
Name:
Title:
Date:
TimHaalrs
241
NewYork
110 William Skeet
1 2th Floor
New York, NY t 0038
t: 212.685.0578
f : 2'12.685.1379
Miami
7205 Corporate Cenler Ddve
Suite 504
Miami, FL 33126
t: 305.666,3456
f: 305.666.8217
PACOGroup
March 18, 2014
Berenblum Busch fu chitecture
2700 N. Miami Ave., Ste. 601
Miami, FL 33127
Aftn: Mario Menendez, Project Designer
RE: FEE PROPOSAL FOR CPP FINISH FLOOR ELEVATION
ADDITIONAL SERVICES
Mario,
Below please find a fee proposal for developing a cost estimate related to raising floor elevations and
associated activities as per City of Miami Beach requirements.
Fee Prooosrl
ISSE: Estimate cost related to raising ground floor elevation and associated activities in compliance with +2
feet above Base Flood Elevation (BFE).
Proiected Hours: 5
Emolovee Cateporv: Senior Estimator
Hourlv Rate (as per Master Contracr): SI75.00
Should you havc any questions, please feel free to contact me at (212) 685-0578 or L['-Lso6paco giou:.con.
Thank you.
Luis Lugo, Jr.
President & COO
cc: C. Sanchez, H. An
242
Dote: Alorch 7,20I4
Project Nome: Collins Puk Googe
DESIMONE Project Number 56&{
RE: Revbed Crreund Floor Beyolion
Extended Service Request No.: L
DESIMOI.{E
NEW YORK
MIAMI
5AN FRANCIsCO
NEW HAVEN
LAs VEGAS
HONG (ONG
ABU OHAEI
SHANGHA]
Descriplion of Servicer:
\{e received o request from Berenblum Busch Architeclure to rev'se the ground floor retoil
spoce slob elevqlion. The slob will be roised obove the bose flood elevolion ond thus o
structuroldob tied down to the foundotions will no longer be requked. Ihis will require us io
revise our drqwings os ouflined below:
. Coordinole foundotions with new slob elevotions.
. Provide odditionol gnode beoms b,roce smollercolumn foundotions.
. Coordinote ond revire storefront to ground floor slob interfoce detoils.
. Provide odditionol slob on grode detoils to reflect chonges in elevotions.
r Provide detoils for romps ond sloin deloih.
. Provide froming to support ADA lifts.
we will provide revised drowings for ihe obove-rnenlioned items. we ore requesting
compensotion for the engineering services requked. Work on these revisions will commence
up on occeptonce of this proposol.
lump Surn Fee:$20,0@
Terms ond conditions sholl be in occordonce with our originol proposol with Zoho-Hodid
Architecls doted I l/00/l l.
Romiro R. Areos, P.E., Projecl Monoger
Approved;
Gustovo Berenblum,Berenblum Busch Architects
DESIMONE CONSULIING ENGINEERS 8OO ERICKETL AVENUE 6IS FTOOR MIAMI. FLORIDA 3313I F,305.44I.0755 F 305.4,'7.9023
243
LAIVGAN ENGINEERING & ENVIRONMENTAL SERVICES
15150 NW 79th Court
Suite 200, Miami Lakes, FL 33016
(215) 864-0640 FAX (215) 864-067 1
CONTRACT CHANGE OBDER FOH ADDITIONAL SERVICES
DATE: B Aprn 2014 HEVISED: 30 Mav 2014
CHANGE ORDER NO:
CONTRACT:
PROJECT NO,: 300089801
PROJECT TITLE: Collins Park Garage
OROER BY: Gustavo Berenblum
COMPANY: Berenblum Busch Architecture (CLIENT)
STATEMENT OF WORK:
This change order has been prepared to identify additional scope and fees associated with civil engineering
design of a gravity sanitary sewer extension along Liberty Avenue from 23'd Street to 22"d Street. The
design wi I entail replacing the existing 15-inch diameter gravity sanitary sewer and manholes with a new
DIP gravity sewer and cutting in a sanitary sewer manhole on the existing gravity sewer that runs along
22'd Street and 23d Street respectively. Our plans will show the proposed 15-inch gravity sewer in plan
and profile view and will include notes and specifications on the plans. This proposal excludes surveying
and design of sanitary sewer pumping stations,
COST:
This additional work will be invoiced on a lump sum basis based upon the fee estimate.
CHANGE ORDER TOTAL: S 14.028.00 (See attached man-hour allocation table)
LANGAN will proceed with the above described scope of services upon receipt of this form signed by you
which authorizes Langan to begin work.. lf notified to stop work on these services, the client agrees to pay
Langan for all work completed up to the stop-work notification, All terms of the original agreement remain
in effect.
. ,--..t ,,' L./ ;P2,*-7'{o i-=='.:-
Agreement Authorized By : Gustavo Berenblum, AIA
cc:
for Langan: Leonardo Bodriguez, P.E.
\\langan.com\d&ta\N'u\dala8\30008980 lMarketing Data\ProposalsuO l4{4-08 Sanitary Sewer Add SeTvices\2O l4-04-08 Sarirary Sewer Add Services.docx
244
Bk.2 Meetlngs: attend 1 meetingi
Oty of MiamiBeach Public Wo s
ark.3 Schomatic Plans: P.epare
sanitayi sewEr allgnmant
ask.l Conltrucllon Plans: Prepare
and proflo vi6ws of he sanitary
extnsion along Uberty Avenue.
a3k-5 P.rmlt P.ocgsllngr Process
plans th,augh City of Miami
Utjlity Department and the Miami-
County oepartnent of R€gulatory
Economic Resources (RER).
Con3trucilon Pha3e Servlcoi:
3 sit6 ob€eavalion3. rsview
drawlngg, address contractor
for info.mallon and revielv as-
$360.00
$1.400.00
$6.0r4.00
245
I-AIVGAT{ EIVGIIVEERIIUG & ENVIRONM ENTAL SERVICES
1 51 50 NW 796 Court
Suite 200, Miami Lakes, FL 33016
(215) 864-0640 FAX (215) 864-0671
CONITRACT CHANGE ORDER FOR ADDITIONAL SERVICES
DATE: I April 2014 REVISED: 30 Mav 2014
CHANGE ORDER NO:
CONTRACT:
PROJECT NO.:300089801
PROJECT TITLE: Collins Park Garage
ORDER BY: Gustavo Berenblum
COMPANY: Berenblum Busch Architecture (CLIENT)
STATEMENT OFWORK:
This change order has been prepared to identify additional scope and fees associated with civil engineering
design of the roundabout requested by MiamiDade County for the Collins Park Garage. This proposal is for
the design of the roundabout as shown on the attached response memorandum prepared by Kimley-Horn
and Associates, lnc., dated 27th March 2014 and entitled "Collins Park Garage Miami-Dade County
Conceptual Foundabout Comment Response. " Our plans will include the geometric design of the circle,
the curbing plan for the proposed roundabout and the traffic separator that will extend from 22^d Street to
23'd Street. Also inciuded in this proposal is the design of the bump outs requested by Miami-Dade County
at the intersection of Liberty Avenue and 22"d Street. We will also show on the plans the proposed grading
and the pavement marking and signage. This proposal excludes surveying, signalization plans and utility
relocations.
COST:
This additional work will be invoiced on a lump sum basis based upon the fee estimate.
man-hour a llocation table)CHANGE OBDER TOTAL:$ 42..920.00 (See attached
LANGAN will proceed with the above described scope of services
which authorizes Langan to begin work.. lf notified to stop work on
Langan for all work completed up to the stop-work notification. All
in effect.
upon receipt of this form signed by you
these services, the client agrees to pay
terms of the original agreement remain
'/^,../..,':--,- i
. ",'-a-?-'' : '.'-=------
Agreement Authorized By : Gustavo Berenblum, AIA
cc:
for Langan: Leonardo Rodriguez, P.E.
\\langan.com\data\MMataS\300089801\N,larketiog Data\Proposalsu01443 -7 Trallic Circle Add ServicesVol4-05-30 Revised Traftic Circle Proposal\2o14-05-30
Rcvised Traffic Circle Add Scrviccs.docx
246
ssk.1 Projec{ Kickolti Attend khk-
me6ting, conduct sita visit, rovisw
dans, gr€p9re ths aequired survoy
and roylaw th6 survey lrovided.
t"lo.tlnglr attend 2 meetjngs
Miama-Oads County and attend 3
with trl€ City of Miami geach
Sch.mrtlc Pl.nr: Prspare
georneEy plans for fie talfc
,rd lll€ roundabout
.,1Con3tmction Plans: Prgpare
gBom6tsy plans, gradhg plani,
Pavement marking and
plans and fnal pavem€ot
and signags plans.
P€mitProcEldng: ProcEss
plans tirough Miaml-oade
and b€ Oty ot Mhriri Beach
Worls Oepanmer{ and address
requests ba inf ormatjon,
Conltruction Ph!3a Sarvlc$:
4 construcion meellngs, conduct
silo obs€rvadgni, a6vi€w shop
add.ass contractor requestt
inlrrm align ard review as+uilt plans.
$2,830,00
s1,870.00
s8,086.00
$13,738.00
247
7 afl Kn'ley''H;rr
L-I/ \ 3ro i5sccr,r::s. rrc.
Memorandum
From:
CC:
To:Joan Shen, Ph.D, P.E., PTOE
Miami-Dade County
Public Works and Waste Management Department
Traffic Engineering Division
iT:'lh';i[:Y,i';iffi'A>
I
600 N Pine lsland Road
Suite 450
Fort Lauderdale, Florida
33324
Jeff Cohen, P.E., Miami-Dade County
Eva Tiedemann; Zaha Hadid
Chris Lepine; Zaha Hadid
Thais Vieira, R.A.; City of Miami Beach
Gustavo Berenblum, AIA; Berenblum Busch Architecture
Date: Marchz7,20t4
Subject: Collins Park Garage
Miami-Dade County
Conceptual Roundabout Comment Respo nse
Based on the comments provided in the March 6, 2014 e-mail from the Miami-
Dade County Public Works and Waste Management Department, Traffic
Engineering Division, the conceptual roundabout at the intersection of Park
Avenue and 22nd Street has been revised, see attached. The following
modifications have been made:
At the intersection of Park Avenue and the parking garage driveway, a
dedicated northbound right-turn lane and through lane are provided.
Parking guide signs were revised on the southbound approach to the
roundabout with appropriate illustrations for vehicle movement
One-way direction of travel westbound along Washington Court
confirmed.
The proposed Collins Canal Trail was drafted on the plan.
We trust that these responses adequately address the comments provided.
Please contact us if you have any questions.
K\m-TPTo\043439000{o linr Prrk caFte\cor.rpond.i..\m.6 o\O 3 271:lsh.i - p..k Av.nu! rf,d 22nd ske.t Ro!nd.bout..lo<E
t
TEL 954 535 5100
248
249
THIS PAGE INTENTIONALLY LEFT BLANK
250
COMMISSION ITEM SUMMARY
Condensed Title:
Thereafter Elected.
A Resolution Electing Commissioner Michael Grieco, Group ll, Aa Vice+,layor, For ATerm Commenclns
On July 1, 2014 And Terminating On October 31 ,2014, Or On Such Date When A New Vice-Mayor ls
Supporting Data (Surveys, Environmental Scan, etc.): N/A
TheCityCommissionhasestablishedapolicyofrotatingtnep
Since 1994, the rotation has been by Commission Group number, in the following sequence: Group l, ll, lll,
lV, V and Vl.
Based on this direction, the next Vice-Mayor Group is Group ll. The term for the next Vice-Mayor is July 1 ,
2014 through October 31,2014. Commissioner Michael Grieco is next in the rotation to serye as Vice-
Mayor.
Board Recommendation:
N/A
Source of I IFunds: l-- 1--f-I ,-T-
I ll 3lI 4loBPr I rorat
I
Financia! lmpact Summary:
Rafael E. Granado, City
Department Director Assistant City Manager Cityr Manager
Rafael E. Granado, C,tu O{#I /\
AGENDA NEU C7[)E MIAMIBEACH o,i,fe 6'll-lV251
g MIAMIBEACH
City of Miomi 8eoch, l70O Conveniion Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM; Jimmy L. Morales, City Manager
DATE: June 11, 2014
the City mtssron
SUB.JECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
GROUP II, AS VICE.MAYOR, FOR A TERM COMMENCING ON JULY 1,2014
AND TERMINATING ON OCTOBER 31, 2014, OR ON SUCH DATE WHEN A
NEW VICE.MAYOR IS THEREAFTER ELECTED.
ANALYSIS
The City Commission has established a policy of rotating the position of Vice-Mayor every
four (4) months. since 1994, the rotation has been by commission Group number, in the
following sequence: Group l, ll, lll, lV, V and Vl.
Based on this direction, the next Vice-Mayor Group is Group ll. The term for the next Vice-
Mayor is July 1,2014 through October 31, 2014. Commissioner Michael Grieco is next in the
rotation to serve as Vice-Mayor.
\---\ |
JLM/REG ft1.*Y-)
T:\AGEN DA\201 4\J unevics-MayoAvic€-mayor.cm.doc
252
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ELECTING GOMM]SSIONER MICHAEL
GRIECO, GROUP I!, AS VICE-MAYOR, FOR A TERM COMMENGING ON
JULY 1, 2OI4 AND TERMINATING ON OCTOBER 31, 2014, OR ON SUCH
DATE WHEN A NEWVICE.MAYOR IS THEREAFTER ELECTED.
WHEREAS, the Mayor and City Commission established a policy of rotating the position of
Vice-Mayor every four months; and
WHEREAS, for the term commencing on July 1,2014 and terminating on October 31,2014,
the Mayor and City Commission herein elect Commissioner Michael Grieco as Vice-Mayor.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMTSSION
OF THE CITY OF MIAMI BEACH, FLORIDA that Commissioner Michael Grieco is hereby elected
as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on July 1, 2014 and
terminating on October 31 ,2014, or on such date when a new Vice-Mayor is thereafter elected.
PASSED and ADOPTED THIS !-tn Oay of June 2014.
ATTEST:
PHILIP LEVINE,
MAYOR
RAFAEL E. GRANADO,
CITY CLERK
T:\AGENDA\201 4Uune\Mce-Mayo^vice-mayor - RES,doc
APPROVED AS TO
FOHM & LANGUAGE
& FNR EXECUTION
fu 0,,. l- b'18- t+
-reffiai- -r;ar
253
THIS PAGE INTENTIONALLY LEFT BLANK
254
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the City
Manager to negotiate and execute, on behalf of the City, Purchase and Sale Agreemenls and other closing documents, in
connection with the purchase of foreclosed andior distressed properties, in accordance with rules promulgated by the City's
Neighborhood Stabilization Program 1 (NSP1) Grant Agreement (NSPI Funds) with the State of Florida Department of
Economic Opportunity (DEO Agreement) and the U.S. Department of Housing and Urban Development (HUD) (collectively
NSPI Guidelines). bv utilizino the NSP1 Administrative Funds. in the amount of $201.801 .66.
lncrease access to workforce or affordable
Supporting Data (Surveys, Environmental Scan, etc.): Based on the Strategic Plan 2012 Update, the number of
affordable housino units is 4.796-
Item Summary/Recommendation :
The U.S. Housing and Economic Recovery Act of 2008 created the Neighborhood Stabilization Program (NSPI), which
directed HUD to allocate $3.93 billion to states and units of local government as emergency assistance for the purchase
and redevelopment of abandoned and foreclosed homes. The City applied for NSP1 funds for the purchase and
rehabilitation of one or more multi-family buildings to be kept as rental properties to benefit income-qualified households in
accordance with the NSPI regulations and was awarded a total of $9,305,268 through an initial allocation plus two
subsequent reallocations. The State of Florida Department of Economic Opportunity (DEO) is the pass-through entity
handling HUD's NSP1 allocation to the City. The initial allocation to the City in the amount of $2,549,441 was formula-
based. The second and third allocations in the amounts of $4,755,717 and $2,000,000, respectively, were awarded to the
City after the original recipients, Apopka and Clearwater, failed to meet the program's benchmarks. The City consistently
demonstrated above-average performance.
The City entered into a grant agreement with the State, and after conducting a procurement process for award of the first
allocation, entered into a related agreement with Miami Beach Community Development Corporation (MBCDC). Both
Agreements were subsequently amended to accept and govern the second and third allocations of funding for a total of
$9,305,268. With these funds, three foreclosed buildings were acquired by MBCDC pursuant to the NSPI guidelines and
are all now complete and fully leased. They are: The Madeleine, a 16-unit building located at 7871 Crespi Blvd., received a
Certificate of Occupancy (CO) on October 11,2012; The Neptune, a 3s-unit building located at 1632 Meridian Avenue,
received a CO on November 15,2012; and The Lottie a nine-unit building located at 530 75 Street, received a CO on April
24,2013.
From each of the allocations, the City was allowed to use a maximum of 6.8% ($632,758) for administrative expenses. The
City has an approximate balance of $201 ,801.66 in unspent administrative funds. The City is in the process of identifying
additional eligible properties that can be purchased with NSP1 funds. The City anticipates that these purchases will be for
individual units in lieu of multi-family buildings. The City intends to utilize the remaining $201 ,801 .66 in NSP1 funds to
purchase and rehabilitate, as necessary, eligible foreclosed or abandoned properties creating affordable rental housing
unit(s) for low to moderate income persons until all funds are fully expended.
Financial lnformation:
Source of Funds:Account Approved
1 $201,801.66 138-5668-XXXXXX
NSPl 2
OBPI Total
Maria L. Ruiz ext. 6491
T:\AGENDA\201 4\NSP1 CommissionltemSummary
AGEI.IDA ITEM L, ' L-(B MIAMIBTACH DATE255
4 MIAMIBEACH
City of Miomi Beoch,
www. m iomibeochfl.gov
'l700 Convention Center Drive, Miomi Beoch. Florido 33139,
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and of the City
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF MIAMI
AND AUTHORIZING THE CITY MANAGER TOBEACH, FLORIDA,
NEGOTIATE AND EXECUTE ON BEHALF OF THE CITY, PURCHASE AND SALE
AGREEMENTS AND OTHER CLOSING DOCUMENTS, IN CONNECTION WITH THE
PURCHASE OF FORECLOSED AND/OR DISTRESSED PROPERTIES, IN
ACCORDANCE WITH RULES AS PROMULGATED BY THE C]TY'S
NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) GRANT AGREEMENT
(NSpl FUNDS) WrrH THE STATE OF FLORTDA DEPARTMENT OF ECONOMTC
oPPORTUNTTY (DEO AGREEMENT) AND THE U.S. DEPARTMENT OF HOUSTNG
AND URBAN DEVELOPMENT (HUD) (COLLECTIVELY NSPI GUIDELINES); BY
UTILIZ]NG THE REMAINING NSP1 ADMINISTRATIVE FUNDS, IN THE AMOUNT OF
$201,801.66; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER
AGREEMENTS FOR REHABILITATION SERV]CES IN ACCORDANCE WITH NSPI
GUIDELINES; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND
THE DEO AGREEMENT (AS DEFINED HERETN) SHOULD THE C|TY NOT HAVE
EXPENDED THE NSP1 ADMINISTRATIVE FUNDS BY AUGUST 15,2014,
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On July 3'1 , 2008, the United States Congress enacted the Housing and Economic Recovery Act of 2008,
thereby creating the Neighborhood Stabilization Program (NSP1), which directed the Department of
Housing and Urban Development (HUD) to allocate $3.93 billion to states and units of local government as
emergency assistance for the purchase and redevelopment of abandoned and foreclosed homes.
Resolution No. 2009-27039 was adopted by the City Commission on March 18, 2009, approving the City's
application for and planned use of NSPl funds for the purchase and rehabilitation of one or more multi-
family buildings to be kept as rental properties to benefit income-qualified households, in accordance with
the NSPI regulations, and it's goal of stabilizing neighborhoods impacted by foreclosures.
The City was awarded a total of $9,305,268 in NSPI funds through an initial allocation plus two subsequent
reallocations. The State's Department of Community Affairs (DCA), now known as the Department of
Economic Opportunity (DEO), is lhe pass-through entity handling HUD's NSPl funds. The initial allocation
to the City in the amount ot $2,549,441 was formula-based. The second and third allocations in the
amounts of $4,755,717 and $2,000,000, respectively, were awarded to the City after the original recipients,
Apopka and Clearwater, failed to meet the program's benchmarks. Conversely, the City consistently
demonstrated above-average performance.
On September 9, 2009, the City approved Resolution No. 2009-27175 authorizing the execution of the
Federally-funded Subgrant Agreement with DCA ('State Agreement") for the amount of $2,549,551 .
256
After the Administralion conducted a duly-noticed procurement process for award of the first allocation, the
Mayor and City Commission approved Resolution No. 2009-27194 on September 9, 2009 authorizing the
execution of an Agreement with Miami Beach Community Development Corporation (MBCDC) to carry out
the City's planned use of, and application for, NSPI funds ("MBCDC Agreement'). The initial strategy was
to fund the acguisition and rehabilitation of one affordable housing project. MBCDC identified the 16-unit
building located at 7871 Crespi Boulevard, which was later named The Madeleine.
The State Agreement for the first allocation was subsequently amended to include the two additional
allocations in the amounts oI $4,755,717 and $2,000,000, which were awarded on March 24, 201O, and
July 30, 2010, respectively. The MBCDC Agreement was amended per Resolution No. 2010-27335, to
allow for the allocation of additional NSPI funds received by the City. The additional acquisition and
rehabilitation funds resulting from the second and third allocations enabled the acquisition and rehabilitation
of The Neptune, a 3S-unit foreclosed apartment building located at 1632 Meridian Avenue; and The Lottie,
a nine-unit foreclosed apartment building which contains large apartments sultable for families, located at
530 75 Street.
ANALYSIS
From each of the allocations, totaling $9,305,268, the City was allowed to use a maximum of 6.8%
($632,758) for administrative expenses. As of today, the City has an approximate balance of $201 ,801.66
in unspent administrative funds.
On January 15,2014 the City approved Resolution No.2014-28463 approving and authorizing the Mayor
and City Clerk to execute Amendment No.7 modifying the expiration date of the Subgrant agreement
between the DEO and the Cityfrom February 15,2014 to August 15,2014. The extension provided staff
the opportunity to find a suitable NSPI eligible project or activity for the remaining unspent balance of
administrative funds.
The City is in the process of identifying additional eligible properties that can be purchased with NSP1
funds. The City anticipates that these purchases will be for individual units in lieu of multi-family buildings.
The City intends to reprogram the remaining $201 ,801 .66 in NSP1 funds to purchase and rehabilitate, as
necessary, foreclosed or abandoned properties for the use of rental housing unit(s) for low to moderate
income persons until all funds are fully expended.
CONCLUSION
The Administration recommends that the Mayor and City Commission hereby authorize the City Manager
to negotiate and execute, on behalf of the City, Purchase and Sale Agreements and other closing
documents, in connection with the purchase of foreclosed and/or distressed properties, in accordance with
rules promulgated by the City's Neighborhood Stabilization Program 1 (NSP1) Grant Agreement (NSPI
Funds) with the State of Florida Department of Economic Opportunity (DEO Agreement) and the U.S.
Department of Housing and Urban Development (HUD) (collectively NSP1 Guidelines), by utilizing the
remaining NSPI Administrative Funds, in the amount of $201,801.66; authorize the City Manager to
execute any other agreements for rehabilitation services in accordance with NSPI Guidelines; and further
authorize the City Manager to extend the DEO Agreement (as defined herein) should the City not have
expended the NSPI Administrative Funds by August 15, 2014.
,fu
JLM/KFB/MLRYARB
257
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CIry
MANAGER TO NEGOTIATE AND EXECUTE, ON BEHALF OF THE CITY,
PURCHASE AND SALE AGREEMENTS AND OTHER CLOSING
DOCUMENTS, IN CONNECTION WITH THE PURCHASE OF FOREGLOSED
AND/OR DISTRESSED PROPERTIES, IN ACCORDANCE WITH RULES AS
PROMULGATED BY THE CITY'S NEIGHBORHOOD STAB]LIZATION
PROGRAM 1 (NSP1) GRANT AGREEMENT (NSP1 FUNDS) WITH THE
STATE OF FLORTDA DEPARTMENT OF EGONOMTG OppORTUNtTy (DEO
AGREEMENT) AND THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) (GOLLECTIVELY NSPI cUIDELINES); BY UTILIZING
THE REMAINING NSP1 ADMINISTRATIVE FUNDS, IN THE AMOUNT OF
$201,801.66; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
OTHER AGREEMENTS FOR REHABILITATION SERVICES IN
ACCORDANCE WITH NSPI GUIDELINES; AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXTEND THE DEO AGREEMENT (AS DEFINED
HEREIN) SHOULD THE CITY NOT HAVE EXPENDED THE NSP1
ADMINISTRATIVE FUNDS BY AUGUST 15,2014.
WHEREAS, on July 31,2008, the United States Congress enacted the Housing and
Economic Recovery Act of 2008, thereby creating the Neighborhood Stabilization Program 1
(NSP1), which directed the Department of Housing and Urban Development (HUD) to allocate
$3.93 billion to states and units of local government as emergency assistance for the purchase
and redevelopment of abandoned and foreclosed homes; and
WHEREAS, the State of Florida Department of Economic Opportunity (DEO) is the
entity managing the NSPI allocation to the City of Miami Beach; and
WHEREAS, on March 18, 2009, the City approved Resolution No. 2009-27039,
approving the City's planned use of and application of NSPI funds to purchase and rehabilitate
one or more foreclosed or abandoned multi-family buildings lo be made available as rental
housing properties for income-qualified households; and
WHEREAS, the City was awarded a total of $9,305,268 in NSP1 funds, through an inltial
allocation (plus two subsequent allocations); and
WHEREAS, the Administration conducted a duly-noticed procurement process for award
of the first allocation, resulting in the City Commission's approval on September 9, 2009, of
Resolution No. 2009-27194, which authorized the City to enter into an agreement with Miami
Beach Community Development Corporation to carry out the City's planned use of, and
application for, NSP1 funds ("MBCDC Agreement"); and
WHEREAS, the initial strategy was to fund the acquisition and rehabilitation of one
affordable housing project, which resulted in MBCDC's acquisition of the 16-unit foreclosed
building, located al7871Crespi Boulevard, which was later named The Madeleine; and
WHEREAS, on February 3, 2010, the MBCDC Agreement was amended per Resolution
No. 2010-27335, to allow for the allocation of additional NSP'I funds received by the City, in the
amount of $4,755,717; and
WHEREAS, the additional acquisition and rehabilitation funds resulting from the second
and third allocations were authorized for MBCDC's acquisition and rehabilitation of The
Neptune, a 35-unit foreclosed apartment building located at 1632 Meridian Avenue, and The
258
Lottie, a nine-unit foreclosed apartment building which contains large apartments and is suitable
for families, located at 530 75 Street; and
WHEREAS, on May 12, 2010, the City Commission approved Resolution No. 2010-
27390, authorizing the reallocation of NSPI funds, in the amount of $246,898.53, from The
Madeleine to The Neptune; utilizing the second NSPl allocation, in the amount of
$4,432,328.24; utilizing FY2009/10 US HUD HOME funds, in the amount of $650,000; and
subordinating the City's first lien position for The Neptune to private bank financing acquired by
MBCDC, in the amount of $700.000; and
WHEREAS, the Citywas allowed to use a maximum oI 6.8%, or $632,758, of the total
NSP'l allocation for administrative funds (Administrative Funds); and
WHEREAS, as of September 30, 2012, the remaining balance of Administrative Funds
was $300,953.95, and the City's NSPl grant agreements with the DEO ( DEO Agreement) and
MBCDC Agreement were set to expire on November 23,2012; and
WHEREAS, the DEO requested that City again extend the DEO Agreement and the
MBCDC Agreement through February 15,2013, in order to rent all 60 units for The Madeleine,
The Neptune and The Lottie and meet the National Objective as established by HUD; and
WHEREAS, the DEO requested the City again extend the DEO Agreement and the
MBCDC Agreement for an additional six (6) months, in order to occupy all units, close out the
NSPl grant, and resolve the pending issue of the City's unspent Administrative Funds; and
WHEREAS, pursuant to Resolution No.2013-28139, the DEO Agreement and the
MBCDC Agreement were extended through August 15, 2013; and
WHEREAS, as of April 1, 2013, The Madeleine, The Neptune, and The Lottie were fully
leased and the HUD National Objective was met; and
WHEREAS, the DEO requested that the DEO Agreement be extended six (6) months,
from February 15, 2014 through August 15, 2014, in order to close out the NSPI grant, and
provide an opportunity for the City to find eligible NSP1 activities to enable the expenditure of
unspent Administrative Funds; and
WHEREAS, the current balance of unspent Administrative Funds is approximately
$201,801.66; and
WHEREAS, the City anticipates that these purchases will be for individual units, in lieu
of mulli-family buildings; and
WHEREAS, in order to identify NSP1 eligible activities and fully draw the Administrative
Funds, the Administration intends to reprogram the remaining $201 ,801.66 in NSPI funds to
purchase and rehabilitate, as necessary, foreclosed or abandoned properties for the use of
rental housing unit(s) for low to moderate income persons until all funds are fully expended; and
WHEREAS, in the event that the City is unable to expend the Administrative Funds by
the August 15,2014 DEO Agreement deadline, then the Administratlon recommends that the
Mayor and City Commission authorize the City Manager to negotiate and execute a further
extension to such Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the City Manager to negotiate and execute, on behalf of the City, Purchase and Sale
259
Agreements and other closing documents, in connection with the purchase of foreclosed and/or
distressed properties, in accordance with rules promulgated by the City's Neighborhood
Stabilization Program 1 (NSP1) Grant Agreement (NSPI Funds) with the State of Florida
Department of Economic Opportunity (DEO Agreement) and the U.S. Department of Housing
and Urban Development (HUD) (collectively NSPI Guidelines), by utilizing the remaining NSP'l
Administrative Funds, in the amount of $201,801.66; authorize the City Manager to execute any
other agreements for rehabilitation services in accordance with NSP1 Guidelines; and further
authorize the City Manager to extend the DEO Agreement (as defined herein) should the City
not have expended the NSP1 Administrative Funds by August 15,2014.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of 2014.
MAYOR
APPROVEDASIO
FORM & LANGUAGE
& FOR EXECUTION
t\s lr[
Dote
260
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 agreementwith Walker Parking Consultants, lnc. to perform a
parking demand analysis for the remaining areas in North Beach (Phase Six-Extended), in an amount not
\to exceed $28.000.
lmprove Parking availability.
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates
74% of residents and72% 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
Item Summary/Recommendation:
On September 11 , 2013, the Mayor and Commission approved Resolution No. 2013-28309 which
approved a waiver of competitive bidding, via a 5l7th vote and authorized a professional services
agreement with "Walker" Parking Consultants, lnc, 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. 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 utillzation analysis, similar to the analysis currently underway for the South
Beach area. To this end, on March 5, 2014, the City Commission approved Resolution No. 2014-28510,
authorizing an amendment to the Professional Services Agreement with Walker Parking Consultants, lnc.
to perform a parking demand analysis for certain areas in North Beach.
Subsequently, the Mayor's Blue Ribbon Panel on North Beach recommended that the entirety of North
Beach be included in the parking demand analysis. Walker Parking has submitted a proposal to conduct
the same tasks and provide the same deliverable as the initial analysis for the entirety of North Beach.
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 includes all expenses. A ten percent (10%) contingency has
been included, for a total amount not to exceed $28,000 for North Beach/Phase Six-Extended.
The Administration is seeking authorization to amend the professional services agreement with Walker
Parking Consultants, lnc. to perform a parking demand analysis for all remaining areas of North
Beach/Phase Six-Extended, in an amount not to exceed $28,000.
Administration Recommendation :the Resolution.
Financial lnformation:
Source of
Funds:
Amount Account
1 $28,000 480-0461-000312
2
3
OBPI Total
Financial lmpact Summary:
Saul Frances
T:lAGENDA\2014Uune1 1 'l12014.sum.doc
AGENDA fiEM C1 FMIAMIBEACHo,fjE b-ll-lq261
g MIAMIBEACH
€ity of Miomi Beoch, I200 Convenlion Cenler Drive, Miomi Beoch, Fiorido 33139, www.miomibeochl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members fif the
Jimmy L. Morales, City Manager
DATE: June 11,2014
BEAGH, FLORIDA, AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH WALKER PARKING CONSULTANTS, INC., TO
PERFORM A PARKING DEMAND ANALYSIS FOR ALL REMAINING AREAS OF
NORTH BEACH (PHASE SrX - EXTENDED) , tN AN AMOUNT NOT TO EXCEED
$28,000.
FUNDING
$28,000 - 480-0461 -00031 2
Funds are available from Parking Fund 480, Account No. 480.0461.000312.
PURCHASE AUTHORIW
Resolution No. 2013-28309 approved a waiver of formal competitive bidding, by a 5l7th
vote and authorized a professional services agreement with Walker Parking Consultants,
lnc.
KEY INTENDED OUTCOME SUPPORTED
lmprove Parking availability.
ADM!NISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On September11,2013,the Mayorand Commission approved Resolution No.2013-28309
which approved a waiver of competitive bidding, via a 5/7th vote and authorized a
professional services agreement with "Walker" Parking Consultants, lnc, to perform a
parking demand analysis forthe South Beach area, in an amount notto exceed $140,525.
262
Commission Memorandum -Walker Parking Demand Analysis - All Areas of North Beach/Phase Vl-Extended
June 11, 2014
Page 2 of 4
The Administration is moving fonrrard with the revitalization of North Beach. 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, on March 5,2014, the City Commission approved Resolution No. 2014-28510,
authorizing an amendment to the Professional Services Agreement with Walker Parking
Consultants, lnc. to perform a parking demand analysis for certain areas in North Beach.
Subsequently, the Mayor's Blue Ribbon Panel on North Beach recommended that the
entirety of North Beach be included in the parking demand analysis. Walker Parking has
submitted the attached proposal to conduct the same tasks and provide the same
deliverables as the initial analysis for the entirety of North Beach. The study area, scope of
services, deliverables, schedule, and professional fees are as follows:
Study Area
North Beach/Phase Vl:
. 63rd Street to 87th Terrace between the Atlantic Ocean and lntercoastal, excluding
the areas already undenvay (63d Street to 72nd Street between the beach and
lndian Creek; and Ocean Terrace to Collins Avenue, between 73rd and 75th
Streets.
Scope of Services
Meet with representatives of City of Miami Beach to further clarify study objectives,
confirm the study area; parking analysis; and projected schedule.
Review pertinent reports, studies, and statistical data regarding the study area with
representatives of City of Miami Beach. lncluded 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).
Review the major parking generators in the study area with representatives of City of
Miami Beach to understand their concerns and interests.
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.9. 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.
During the initial field survey, record the number of vehicles parked by facility during
the inventory process.
Perform a License Plate lnventory (LPl), recording the location and duration of each
vehicle. The LPI will be a sampling of the peak hours during a typicalweek day and
weekend day within the study area (days and hours to be determined).
1.
2.
3.
4.
5.
6.
263
Commission Memorandum -Walker Parking Demand Analysis - All Areas of North Beach/Phase Vl-Extended
June 11,20'14
Page 3 of 4
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.
10. Compare the parking supply with planned development and projected future
demand.
11. ldentify 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. lncorporate the City's comments into the task report.
14. lssue 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 schedule2. Supply/DemandAnalysistechnicalmemorandum3. Supply/Demand Analysis draft report4. Final parking master plan report; this report will be incorporated with ongoing
parking study update.
Schedule
Walker is prepared to begin work within three (3) weeks after receiving authorization to
proceed.
Limitations
lnformation 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.
264
Commission Memorandum -Walker Parking Demand Analysis - All Areas of North Beach/Phase Vl-Extended
June 11,2014
Page 4 of 4
Walker's proposal assumes that a single report will be issued for this additional area and
assembled into a Final Report for entire study. ln 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 Gonditions of Agreement for Consulting Services. The lump sum fee
includes all expenses. A ten percent (10%) contingency has been included, for a total
amount not to exceed $28,000 for North Beach/Phase Six-Extended.
CONCLUSION
The Administration is seeking authorization to amend the professional services agreement
with Walker Parking Consultants, lnc. to perform a parking demand analysis for all
remaining areas of North Beach/Phase Six-Extended, in an amount notto exceed $28,000.
T:\AGEN DA\2014\June1 1\WalkerParkingDemandStudyNorthBeachPhase6Extended06l 12014.mem.doc
JLM/K6B/SF
frl
265
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITYOF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2, TO THE
PROFESSIONAL SERVICES AGREEMENT WITH WALKER PARKING
CONSULTANTS, INC., TO PERFORM A PARKING DEMAND ANALYSIS
FOR ALL REMAINING AREAS OF NORTH BEACH (PHASE SIX-
EXTENDED) , 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, lnc., (Walker Parking) pursuant to a
Professional Services Agreement dated October 30, 2013 (the 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, on March 5,2014, the City Commission approved Resolution No.
2014-28510, authorizing an amendment to the Agreement to perform a parking demand
analysis for certain areas in North Beach; and
WHEREAS, subsequently, at its meeting on May 1,2014, the Mayor's Blue
Ribbon Panel on North Beach recommended that the entirety of North Beach be
included in the parking demand analysis; and
WHEREAS, an amendment to the Agreement is necessary in order to perform
the additional analysis for the remaining areas of North Beach.
266
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
coMMlssloN oF THE clrY oF MIAMI BEAGH, FLoRIDA, that the Mayor and city
Commission hereby approve and authorize the Mayor and City Clerk to execute
Amendment No. 2, to the Professional Services Agreement with Walker Parking
Consultants, lnc., to perform a parking demand analysis for all remaining areas of North
Beach (Phase Six-Extended), in an amount not to exceed $28,000.
PASSED AND ADOPTED this 11th day of June, 20i4.
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
T:\AGENDA\2014UUnel 1\WalkerParkingDemandStudyNorthBeachPahse6Extended06l 12Ol4.reso.docx
APPHOVED AS TO
FORM & LANGUAGE
& FNR EXECUTION
267
UI,ALKEIl
PARKING CONSUITANTS
June 3,2014
4904 Eisenhower Eoulevord. Suile 150
Tompo, FL 33634
Office: 813.888.5800
Fox: 813.668.5822
www.wolkerporking.com
Submilted vio emoil io SouiFronces@miomibeochfLoov
Mr. Soul Frqnces
Direclor, Porking Deportment
City of Miomi Beoch
I755 Meridion Ave., Suite 200
Miomi Beoch, FL 33,l39
Re: Proposol for Consulting Service
Miomi Beoch Parking Sfudy Updofe
Additionol Areos for Review
Wolker Proposol No.: P0, 3-088C
Deor Mr. Fronces:
we oppreciote the opportunity to provide this proposol for odditionol porking
consulting services.
PROJECI UNDERSTANDING
The ciiy of Miomi Beoch ("ciiy"1 hos retoined wqlker Porking consultonis ("wolker") to
updote ihe 2004 Porking supply/Demond Anolysis. As port of this on-going iosk, the
City would like o proposol to qdd on oddilionol oreo for review ond onolysis. The
deliverobles will be used io ossist the City with its efforls to prepore for future
development ond grovrth within the Norih Beoch oreo locoted between 63d Street
ond 8Zh Tenoce ond the Atlonlic Oceon to the lntrocoostol Woterwoy including
Biscoyne Point ond Normondy lsles. The oreo locoted between 63'd Street ond Zlsl
Street from the Atlontic Oceon to lndion Creek os well os o two block oreq between
73'd ond 75th Sireets olong Oceon Terroce qnd Collins Avenue were recently surveyed.
New porking doto will not be collected in these oreos.
Specific gools for this ossignment include:
o Providing on updoted physicol inventory of the porking spoces
. Quontifying porking demond bosed on observoiions
. Projecting future porking demond ond need
r Reviewing ond onolyzing the City's proposed development plons for the oreo
. Incorporoting public input provided through the City
To meet ihese gools ond in conjunction wiih the cunent study, we propose to follow the
some generol scope of services for this oddiiionol oreo of study os follows:
268
UllALKER
PARKING CONSUTTANTS
Mr. Soul Fronces
Proposol for odditionol study services
June 3, 2014
Poge 2 of 4
SCOPE OF SERVICES
l. Meei with representotives of City of Miomi Beoch to further clorify siudy
objectives, confirm the study oreo; porking onolysis; qnd projected schedule.
7.
Review pertinenl reports, siudies, ond stotisticol doto regording the study
oreo with representotives of Ciiy of Miomi Beoch. lncluded in this informotion
will be lond use doto provided by the City (building squore footoge doto on
o building-by-building bosis olso identiflng type of lond use).
Review ihe mojor porking generoiors in the study oreq with representotives of
City of Miomi Beoch to understond their concerns ond interests.
Conduci on iniiiol field survey to updoie the inventory of on-slreet ond off-
streei porking fociliiies within lhe study oreo. Record the type of porking (e.g.
public, commerciol, or privoie ond whether surfoce lot or structure), number
of spoces reserved ond the type of occess control (if ony is in ploce), ond
porking rotes.
During the initiol field survey, record the number of vehicles porked by focility
during ihe inventory process.
Perform o License Plole lnventory (LPl), recording the locotion ond durotion
of eoch vehicle. The LPI will be o sompling of the peok hours during o typicol
week doy ond weekend doy within ihe study oreo (doys ond hours to be
determined).
Perform porking occuponcy counts oi three intervols on oll public ond
occessible privoie porking oreos within the study oreo on o iypicol week doy
ond weekend doy (doys ond hours to be deiermined).
Anolyze field survey doto ond present in repori ond grophic form.
Colculote ond compore porking demond with the current porking supply
ond identify oreos with deficits ond surpluses.
Compore the porking supply with plonned development ond projected
fuiure demond.
ldentify oreos with porking deficiencies thot ore likely to require exponsion of
ihe porking supply.
Prepore qnd submit o droft of the tosk report for review ond discuss findings
wiih representotives from ihe City.
lncorporoie ihe City's commenis into the iosk report.
lssue one CD of the finol losk report with comments by the City.
2.
3.
4.
E
6.
r3.
14.
8.
,-
r0.
Il.
12.
269
1[i} xm,.*itma
A totql of four (4)
wilh this porlion of
15.
Mr. Soul Fronces
Proposol for odditionol study services
June 3, 201 4
Poge 3 of 4
meetings or teleconferences with the client ore plonned
ihe study.
DELIVERABTES
We propose lo provide the following deliverobles for the project:
'I . Work Plon. including progress schedule
2. Supply/DemondAnolysistechnicolmemorondum
3. Supply/Demond Anolysis droft report
4. Finol porking moster plon report; this repori will incorporoted wilh the on-
going porking siudy updote.
SCHEDUTE
We ore prepored to begin work on this odded oreo within three weeks of receipt of
signed controct. lnitiol work will include preporing block mops, inventorying porking,
coordinoting lhe doto collection efforis, ond reviewing dolo perioining io future
condiiions. Porking occuponcy doto collection will toke ploce within the first two
weeks following the project commencemenl. A droft report of the findings will be
provided within 6 weeks of projeci commencement. schedule is dependent upon
receiving the future conditions informotion from the City within in 2 weeks of project
commencement.
TIMITATIONS
lnformotion regording privote porking oreos is limited io those oreqs thot occessible to
the field survey ieom during the inventory perlod. privote porking oreos ihot ore
inoccessible to invenlory will be deemed lo be qi 100% copocity for the purposes of
these sludies.
This proposol ossumes thot o single repori will be issued for this odditionol oreo ond
ossembled into o Finol Report for ihe entire study. ln the event ihot odditionol reports
ore necessory, Wolker Porking Consultonts reseryes ihe righl to chorge on odministrotive
fee to creole these seporote documents of o negotioted o mutuolly ogreeoble lump
sum fee or hourly fee orrongement prior to preporing these reports.
270
WALKER
PARKING CONSUTTANIS
Mr. Soul Fronces
Proposol for odditionol study services
June 3, 20'I4
Poge 4 of 4
PROFESSIONAT FEE
Wolker will perform the scope of services described in ihis proposol for the lump sum leeof $25.550 (Iwenty.Five Thousond, Flve Hundred Flfty Dollors). The lump sum fee
includes oll expenses.
lf there is onything obout this proposol thot does not suit your needs, we qsk thot you
bring il to our ottention so thot we con cusiomize our services to best meel your needs.
Sincerely yours,
WALKER PARKING CONSULTANTS
Jon Mortens, CAPP,
Porking Consullont
C,\in ( ) ^\',---\\.,H{))
Thomos Sobczok
Director of Business Development
AICP
AUTHORIZATION: CITY OF MIAMI BEACH
Trusting thot this proposol meeis with your opprovol ond following opprovol by the city
commission, we osk thot you sign in the spoce below to ocknowledge your
occeptonce of ihe terms contoined herein, ond to confirm your outhorizotion for us loproceed. Pleose relurn one signed originol of this ogreement for our records.
Accepted by (Signoture):
Printed Nome:
Title:
Dote:
271
THIS PAGE INTENTIONALLY LEFT BLANK
272
COMMISSION ITEM SUMMARY
Condensed Title:
Accept Recommendation of the NCAC to Reject All Bids Pursuant to lnvitation to Bid (lTB) No.171-
2013-TC, for the Playground Fence at South Pointe Park and Reallocate the Funding inFY2014115fot
Alternative Enhancements to the Park.
lntended Outcome
Item Su
ln November of 2O11, South Pointe Park had a new playground, shade system and safety surface
installed. This playground replaced the original playground installed during the construction of South
Pointe Park due to problems with quality and safety. At the time the South Pointe Park desrgn was being
developed, a fence around the children's playground area was never requested or discussed by the
City, the designers, the community or the Design Review Board.
On December 3, 201 3, the Design Review Board (DRB) approved the design for the installation of the
new fence. lnvitation to Bid (lTB) 171-2013-TC was issued on May 22, 2013, with an opening date of
June 13, 2013. The pre-bid conference was held on May 30, 2013. During the pre-bid conference,
prospective bidders were instructed on the procurement process and the information their respective
proposals should contain.
At the January 15,2014 City Commission Meeting a request for approval to award a contract, pursuant
to lnvitation to Bid (lTB) No. 2013-171-TC for the playground fence at South Pointe Park in the amount
of $98,995 was presented to the City Commission. The ltem was separated for discussion by
Commissioner Grieco and a motion was passed to refer the item to the Neighborhood/Community
Affairs Committee (NCAC) for discussion and community input.
The item was discussed at the February 28,2014 NCAC meeting. Pursuant to the direction of the
NCAC, staff was instructed to cancel the playground fence project and instead come up with alternative
projects to enhance South Pointe Park utilizing the already allocated funds for the cancelled fencing
project.
ln accordance with the City Code, the proposed Resolution formally accepts the recommendation of the
NCAC from their February 28,2014 meeting to reject all proposals received pursuant to ITB No. 2013-
171-f C and instead reallocate the funding during the Fiscal Year 2014115 budget development process
for alternative projects to enhance South Pointe Park.
Financial lnformation:
Ensure well-maintained facilities
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction
Survey indicated that 79% oI businesses rated recently completed capital improvement projects as
On February 28,2014, the NCAC recommended to reject all bids and reallocate the funding during the
FY 2014115 budget development process for miscellaneous enhancements for the park.
Source of
Funds:
Amount Account
1
OBPI
Financial lmp
Total I I
act Summary: N/A
John Rebar, ext. 6643
Clerk's Office islative Trackin
AGENDA trEM -C1(rE MIAMIBEACH o^lE 6-ll-lLl273
g MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miqmi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
the City mtsston
SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNIW AFFAIRS COMMITTEE AT THE FEBRUARY
28,2014 MEETING TO REJECT ALL PROPOSALS RECEIVED, PURSUANT
TO TNVTTATTON TO BtD (lTB) 2O14-171-TC FOR A PLAYGROUND FENCE AT
SOUTH POINTE PARK; AND FURTHER AUTHORIZING THAT THE FUNDING
BE REALLOCATED !N THE FISCAL YEAR 2014/15 BUDGET DEVELOPMENT
PROCESS FOR THE PURPOSE OF PROVIDING ALTERNATIVE
ENHANCEMENTS FOR SOUTH POINTE PARK
BACKGROUND
ln November of 2011, South Pointe Park had a new playground, shade system and safety surface
installed. This playground replaced the original playground installed during the construction of
South Pointe Park due to problems with quality and safety. At the time the South Pointe Park
design was being developed, a fence around the children's playground area was never requested
or discussed by the City, the designers, the community or the Design Review Board.
During the 2010 community meetings, several parents requested that a fence be installed as part
of the new, original playground. However, no funding had been identified at that time for a fence,
and in an effort to replace the existing playground equipment as expeditiously as possible; the
prolect proceeded without a fence. Following the December 16, 2010, community meeting, the
City received a letter from the South of Fifth Residents indicating their support for the installation of
a fence around the playground.
On December 3, 2013, the Design Review Board (DRB) approved the design for the installation of
the new fence. lnvitation to Bid (lTB) 171-2013TC was issued on May 22,2013, with an opening
date of June 13,2013. The pre-bid conference was held on May 30,2013. During the pre-bid
conference, prospective bidders were instructed on the procurement process and the information
their respeclive proposals should contain.
At the January 15, 2014 City Commission Meeting a request for approval to award a contract,
pursuant to lnvitation to Bid (lTB) No. 2013-171TC for the playground fence at South Pointe Park
in the amount of $98,995 was presented to the City Commission. The ltem was separated for
discussion by Commissioner Grieco and a motion was passed to refer the item to the
Neighborhood/Community Affairs Committee (NCAC) for discussion and community input.
274
June 11, 2014 City Commission Memorandum
S Pointe Park Fence - Rejecting all Bids
Page 2 of 2
The item was discussed atthe February 28,2014 NCAC meeting. Pursuantto the direction of the
NCAC, staff was instructed to cancel the playground fence project and instead come up with
alternative projects to enhance South Pointe Park utilizing the already allocated funds for the
cancelled fencing project.
ln accordance with the City Code, the proposed Resolution formally accepts the recommendation
of the NCAC from their February 28,2014 meeting to reject all proposals received pursuant to ITB
No.2013-171TC and instead reallocate the funding during the Fiscal Year 2014115 budget
development process for alternative projects to enhance South Pointe Park.
JLM/JMr/f$b
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275
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMIBEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THENEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT THE FEBRUARY 28, 2014
MEETING TO REJECT ALL PROPOSALS REGEIVED, PURSUANT TO INVITATION TO BID(lrB) 2014-171-Tc FoR A PLAycRoUND FENCE AT sourH potNTE pARK; AND
FURTHER AUTHORIZING THAT THE FUNDING BE REALLOCATED IN THE FISCAL YEAR
2014115 BUDGET DEVELOPMENT PROCESS FOR THE PURPOSE OF PROVIDING
ALTERNATIVE ENHANCEMENTS FOR SOUTH POINTE PARK
WHEREAS, in November of 2011, south pointe park had a new playground, shadesystem and safety surface installed. This playground replaced the original piaygiounO installed
during the construction of South Pointe Park due to problems with qual-ity and sliety; and
WHEREAS, at the time the South Pointe Park design was being developed, a fencearound the children's playground area was never requested or discusied by ihe City, the
designers, the community or the Design Review Board; and
WHEREAS, during the 2010 community meetings, several parents requested that afence be installed as part,of the new, original playground. However, no funding had beenidentified at that time for a fence, and in an effort to replace the existing playground'equipment
as expeditiously as possible; the project proceeded without a fence; and
WHEREAS, on December 3,2013, the Design Review Board (DRB) approved the
design for the installation of the new fence; and
WHEREAS, lnvitation to Bid (trB) 171-2013-Tc was issued on May 22,2013, with an
opening date of June 'l 3, 2013; and
WHEREAS, at the January 15, 2014 City Commission Meeting a request for approval to
award a contract, pursuant to lnvitation to Bid (lTB) No. 2013-171-tC torthe playground fence
at South Pointe Park was presented to the City Commission; and
WHEREAS, the ltem was separated for discussion by Commissioner Grieco and a
motion was passed to refer the item to the Neighborhood/Community Affairs Committee (NCAC)
for discussion and community input; and
WHEREAS, the item was discussed during the February zg, 2ol4 NCAC meeting andpursuant to the direction of the NCAC, staff was instructed to cancel the playground Tenceprolect and instead come up with alte_rnative projects to enhance South Pointe par:k utilizing the
already allocated funds for the cancelled fencing project; and
WHEREAS, in accordance with the City Code, the proposed Resolution formally accepts
the recommendation of the NCAC from their February 28,2014 meeting to reject all proposals
received pursuant to ITB No. 2013-171-TC and instead reallocate the frJnding-in the amount of
$98,995 during the Fiscal Year 2014t15 budget development process for alteinative projects to
enhance south Pointe Park, aimed specifically for equipment for children.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
276
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby reject ailproposals received pursuant to lnvitation to Bid (lTB) No. 2013-171-TC for a playground fence
at South Pointe Park; and further authorizing that the funding be reallocated in the Fiscal year
2014115 budget development process for the purpose of providing alternative enhancements for
South Pointe Park.
PASSED AND ADOPTED this
ATTEST:
day of 2014.
Rafael Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\20'14\June\Parks and Rec\Reject all proposals of S Pointe Park Playground Fence Resolution 6-11-14.docx.doc
APPROVEDASTO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
277
THIS PAGE INTENTIONALLY LEFT BLANK
278
Board Recommendation:
Financial lnformation:
COMMISSION ITEM SUMMARY
,DrJ L1H__T:N:N
Condensed Title:
AResolutionofTheMayorAndCommissionofTheCityofMiamieea@
The Neighborhood/Community Affairs Committee At lts May 30, 2014 n4eetlng To Develop Event
Programming Guidelines For The North Beach Bandshell That are Focused On Cultural Events That
Emphasize Community Benefit And Economic Development And Further Authorizing The City Administration
To Prepare A Request For Proposals (RFP) For A Distributed Sound System For The North Eieach Bandshell
That Concentrates The Sound Within The Parameters Of The Facil
Supporting Data (Surveys, Environmental Scan, eti
LivemusiceVentsattheNorthBeachBandshellareofteny
neighboring residents. ln a typical year, approximately six to eight noise exemptions are processed for eventsat the Bandshell. Since the North Beach Blue Ribbon Committee has strongly advocated for greater
programming of the Bandshell, a discussion regarding the types of events and the noise issue was referred tothe Neighborhoods/Community Affairs Committee and was discussed at the Committee's May ZO, 2014
meeting.
Chapter 12, Article ll entitled, Special Events, of the City Code provides the City Manager or his/her designee
with the authority to issue, modify or revoke permits for special events. Section 12-5.(8), authorizes tht6ity
yangger or hisiher designee to issue a permit that authorizes a special event in conflict with Chapter 4d,
Article lV, of the Code, or other applicable noise ordinance, only where the applicant has met all of the City's
requirements for obtaining a permit as prescribed and when the special event cannot be performed in
compliance with the applicable noise ordinance. Such a permit must specify the precise manner by which the
noise ordinance may be exceeded, by what duration, and at what locations. The City Manager, oi designee,
is authorized to modify or revoke any such permit at his sole discretion.
During the May 30, 2014 Neighborhoods/Community Affairs Committee meeting, the Committee made a
motion that events held at the.Bandshell be limited to cultural events programming that emphasize a
community benefit and that will help encourage economic development in North Beach. Such events would
include programming such as dance and theater. ln addition, the Committee recommended that all special
events for the Bandshell cease by 11:00 p.m. Finally, the Committee recommended that the Citi bid,purchase and install a distributed sound system that concentrates the sounds within the limits of the ficility.
Should the City Commission adopt the proposed resolution, the guidelines recommended by the
Neighborhoods/Community Affairs Committee shall be implemented for any future programming of the
Bandshell.
hborhood/Community Affairs Committee moved to present the proposed
30,2014.
resolution at their meeting of
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmpact Summary:
N/A
Department Director Asslstant City Manager City Manager
.h Cf[\ -JMT JLM \1v\
ITEM L1MIAMIBEACHDATE279
g MIAMIBEACH
City oI itiomi Booch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochll.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUBJECT: A RESOLUTION OF THE MIYOR AND coMMIssIoN oF THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS MAY 30, 2014 MEETING TO
DEVELOP EVENT PROGRAMMING GUIDELINES FOR THE
NORTH BEACH BANDSHELL THAT ARE FOCUSED ON
CULTURAL EVENTS THAT EMPHASIZE COMMUNTTY BENEFTT
AND ECONOMIG DEVELOPMENT AND FURTHER AUTHORIZING
THE CITY ADMINISTRATION TO PREPARE A REQUEST FOR
PROPOSALS (RFp) FOR A DTSTRIBUTED SOUND SYSTEM FOR
THE NORTH BEACH BANDSHELL THAT GONCENTRATES THE
SOUND WlTHlN THE PARAMETERS OF THE FACILITY.
ADMI NISTRATION RECOMMENDATION
The Administration recommends adopting the resolution.
BACKGROUND
Live music events at the North Beach Bandshell are often louder than ambient music and can be
heard at a distance. On a typical year, approximately six to eight noise exemptions are processed.
Since the North Beach Blue Ribbon Committee has strongly advocated for greater programming of
the Bandshell, a discussion regarding the types of events ind the noise isiue was reierred to-the
Neighborhoods/Community Affairs Committee and was discussed at the Committee's May 30, 2014
meeting.
Chapter 12, Article ll entitled, Special Events, of the City Code provides the City Manager or his/her
designee with the authority to issue, modify or revoke permits for special events. Section 12-5(8),
authorizes the City Manager or his/her designee to issue a permit that authorizes a special event in
conflict with Chapter 46, Article lV, of the Code, or other applicable noise ordinance, only where the
applicant has met all of the City's requirements for obtaining a permit as prescribed and when the
special event cannot be performed in compliance with the applicable noise ordinance. Such a
permit must specify the precise manner by which the noise ordinance may be exceeded, by what
duration, and at what locations. The City Manager, or designee, is authorized to modify or ievoke
any such permit at his sole discretion.
280
City Commission Memorandum - NCAC Recommendations Bandshell programming
June 11, 2014
Page 2 ol 2
The following describes the current process:
' A letter of request from the renter is sent to the Parks and Recreation Director requesting a
noise exemption.
' The renter must also send letters to the two neighboring condo associations informing them
of the upcoming event and their request for a noise exemption.' Parks and Recreation prepares a memo to the City Manager or designee requesting the
exemption with all attached letters.. The City Manager or designee approves or denies exemption.
With the recent concerns raised by neighboring residents of the North Beach Bandshell, Staff has
been advised that any such requests would be scrutinized more closely. ln addition, all requests
must now include specific event information, such as:
. Type of event. Time of noise. Type of amplified sound - band, DJ, etc. Type of instruments to be used. What the community beneflt would be
This information is also being included to any notification letters that are distributed to the
neighboring condo associations.
During the May 30, 2014 Neighborhoods/Community Affairs Committee meeting, the Committee
passed a motion that events held at the Bandshell be limited to cultural events programming that
emphasize a community benefit and that will help encourage economic development in North
Beach. Such events would include programming such as dance and theater. ln addition, the
Committee recommended that all events for the Bandshell cease by 11:00 p.m. Finally, the
Committee recommended that the City bid, purchase and install a distributed sound system that
concentrates the sounds within the limits of the facility. Should the City Commission adopt the
resolution, an RFP would be prepared for the City Commission and the guidelines recommended by
the Neighborhood/Community Affairs Committee shall be implemented for any future event
programming of the Bandshell.
orr
JLM/JLT/JRYCMG V
T:\AGENDA\2014Uune\Parks and Rec\Bandshell Programming\Bandshell programming - Memo.docx
281
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMTSSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION
OF THE NEIGHBORHOOD/COMMUNIW AFFAIRS COMMITTEE AT
ITS MAY 30,2014 MEETING TO DEVELOP EVENT PROGRAMMING
GUIDELINES FOR THE NORTH BEACH BANDSHELL THAT ARE
FOCUSED ON CULTURAL EVENTS THAT EMPHASIZE COMMUNITY
BENEFIT AND ECONOMIC DEVELOPMENT AND FURTHER
AUTHORIZING THE CITY ADMINISTRATION TO PREPARE A
REQUEST FOR PROPOSALS (RFp) FOR A DTSTRIBUTED SOUND
SYSTEM FOR THE NORTH BEACH BANDSHELL THAT
CONCENTRATES THE SOUND WITHIN THE PARAMETERS OF THE
FACILITY.
WHEREAS, live music events at the North Beach Bandshell are often louder than ambient music
and can be heard at a distance; and
WHEREAS, since the North Beach Blue Ribbon Committee has strongly advocated for greater
programming of the Bandshell, a discussion regarding the types of events and the noise issue was
referred to the Neighborhood/Community Affairs Committee (NCAC) and was discussed at the
Committee's May 30, 2014 meeting; and
WHEREAS, during its May 30, 2014 meeting, the NCAC passed a motion that events held at the
Bandshell be limited to cultural events programming that emphasize a community benefit and that will
help encourage economic development in North Beach; and
WHEREAS, the NCAC also recommended that all special events for the North Beach Bandshell
cease by 11:00 p.m.; and
WHEREAS, the NCAC further recommended that the Administration prepare, for consideration
by the City Commission, an RFP for a distributed sound system that concentrates the sounds within the
limits of the facility.
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 Neighborhood/Community Affairs Committee at its May 30, 2014 meeting to
develop event programming guidelines for the North Beach Bandshell that are focused on cultural events
that emphasize community benefit and economic development and further authorize the City
Administration to prepare an RFP for a distributed sound system for the North Beach Bandshell that
concentrates the sound within the parameters of the facility.
PASSED and ADOPTED this
ATTEST:
day of 2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
T:\AGENDA\2014Uune\Parks and Rec\Bandshell Programming\Bandshell Programming - Reso.doc
APPROVED AS TO
FOFiivi & LAI{GUAGE
& FOR EX=CUI-I'Ji.l
282
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution, Accepting The Recommendation Of The Neighborhood/Community Affairs Committee At lts May
30,2014 Meeting To Rename The Scott Rakow Youth Center lce Skating Rink ln Memory Of Barbara Medina
And Settino A Public H As Required Pursuant To Section 82-503 Of The Citv Code.
lntended Outcome
Supporting Data (Surveys, Environmental Scan, etc
Item Summary/Recommendation:
During the April 9, 2014 City Commission meeting, a discussion item was referred to the
Neighborhood/Community Affairs Committee regarding the renaming of the Scott Rakow Youth Center lce
Skating Rink in memory of Barbara Medina.
The Scott Rakow Youth Center, formerly the Miami Beach Youth Center, opened in 1976 with an interior ice
skating rink. At that time, all that was offered were ice skating classes and private lessons. Barbara Medina
was initially involved as a parent of a child that took lessons. She developed a passion for the ice skating
program, and had a vision that went beyond ice skating classes and private lessons. To help her vision come
to fruition, she applied and was hired by the City of Miami Beach as an ice skating instructor. Once hired, she
was the impetus who took the ice skating program to a higher level by adding competitions and shows to the
existing ice skating program. Barbara became the unofficial, unpaid ice rink manager. When she saw a
problem, she helped to resolve it. Around 1993, Barbara recognized the need to teach children that could not
afford ice skating lessons. Though she was on contract with the City, Barbara elected to work for free and not
accept any payment, so she could teach those that could not afford lessons. She even went as far as buying
children from low income families ice skates and/or skating dresses. Barbara Medina was instrumental in the
addition of the larger ice rink. She, along with a few other parents, took the time to meet with each and every
Commissioner to explain the need for a larger ice rink. She attended every town meeting and every
Commissioner meeting. Barbara's determination encouraged other parents to get involved. Those that ice
skated in the ice rink from 1976 to the early 2000's, hold Barbara Medina fondly in their hearts. She helped
make the ice skating program the incredible program that it is today.
On May 30, 2014 the Neighborhoods/Community Affairs Committee made a motion to rename the Scott
Rakow Youth Center lce Skating Rink in memory of Barbara Medina. Should the City Commission wish to
proceed with the renaming of the Scott Rakow Youth Center lce Skating Rink, pursuant to Section 82-503(b)
of the City's Code, a public hearing should be called before the Mayor and Commission on July 23,2014, and
the City Clerk should publish the appropriate Public Notice at least ten days prior to said Public Hearing in a
newspaper of general circulation in the City of Miami Beach at which time and place all interested parties will
be heard. The Administration recommends that the City Commission adopt the resolution and set a public
hearinq for the Julv 23. 2014 Citv Commission
hborhood/Community Affairs Committee moved to present the proposed resolution at their meeting of
Financial lnformation:
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmpact Summary:
John Rebar XT. 6644
Siqn-Offs:
Department Director Assistant City Manager City Manager
JRM)JMT JLM L
,L NDA ITEM C I
Q,r
c1L
6-(l-tqE MIAMIBEACH DATE283
@ MIAMIBEACH
City of Miomi Bcoch, 'l 700 Convention Cenler Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
June 11,2014
A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA EPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNITY AFFAIRS GOMMTTTEE AT ITS
MAY 30, 2014 MEETING TO RENAME THE SCOTT RAKOW YOUTH
CENTER ICE SI(ATING RINK IN MEMORY OF BARBARA MEDINA AND,
PURSUANT TO SEGTION 82.503 OF THE CITY CODE, SETTING A
PUBLIC HEARING FOR JULY 23, 2014 AND DIRECTING THE CITY
CLERK TO PUBLISH THE APPROPRIATE PUBLIC NOTICE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the resolution and setting the public hearing for July 23,
2014.
BACKGROUND
During the April g, 2014 Cily Commission meeting, a discussion item was referred to the
Neighborhood/Community Affairs Committee regarding the renaming of the Scott Rakow Youth
Center lce Skating Rink in memory of Barbara Medina.
The Scott Rakow Youth Center, formerly the Miami Beach Youth Center, opened in 1976 with an
interior ice skating rink. At that time, all that was offered were ice skating classes and private
lessons. Barbara Medina was initially involved as a parent of a child that took lessons. She
developed a passion for the ice skating program, and had a vision that went beyond ice skating
classes and private lessons.
To help her vision come to fruition, she applied and was hired by the City of Miami Beach as an ice
skating instructor. Once hired, she was the impetus who took the ice skating program to a higher
level by adding competitions and shows to the existing ice skating program. Barbara became the
unofficial, unpaid ice rink manager. when she saw a problem, she helped to resolve it.
Barbara's shows went from exhibitions to extravaganzas that included elaborate music, professional
sets, enhanced lighting and costumes that involved all children in the ice program, regardless of
whether they were beginners or advanced skaters. Barbara arranged for competitions outside of
Florida to places such as.sun Valley, ldaho, colorado, New york, and as far as Japan. when
traveling to competitions, it was important to Barbara that the children traveling focused on more
than just competing. Barbara arranged for tours of local attractions, special dinners and fun
gatherings. She wanted the ice skaters to see each other as friends and family instead of
competitors. She instilled teamwork, kindness and compassion among all the skaters.
DATE:
SUBJECT:
284
Caty Commission Memorandum - Setting Public Hearing Barbara Medina lce Rink Naming
June 11, 2014
Page 2 of 2
)
Around 1993, Barbara recognized the need to teach children that could not afford ice skating
lessons. Though she was on contract with the City, Barbara elected to work for free and not accept
any payment, so she could teach those that could not afford lessons. She even went as far as
buying children from low income families ice skates and/or skating dresses.
Barbara Medina was instrumental in the addition of the larger ice rink. She, along with a few other
parents, took the time to meet with each and every Commissioner to explain the need for a largerice rink. She attended.every town meeting and every Commissioner meeting. Barbara's
determination encouraged other parents to get involved. Those that ice skated in the ice rink from
1976 to the early 2000's, hold Barbara Medina fondly In their hearts. She helped make the ice
skating program the incredible program that it is today.
GONCLUSION
By majority vote, the Neighborhood/Community Affairs Committee made a motion to rename the
Scott Rakow Youth Center lce Skating Rink in memory of Barbara Medina at its May 30, 2014
meeting. Should the City Commission wish to proceed with the renaming of the Scott Rakow Youth
Center lce Skating Rink, pursuant to Section 82-503 of the City's Code, a public hearing should be
called before the Mayor and City Commission and the City Clerk should publish the appropriate
Public Notice at least ten days prior to said public hearing in a newspaper of general circulation in
the City of Miami Beach at which time and place all interested parties will be heard. The
Administration recommends that the City Commission adopt the resolution and set a public hearing
for the July 23,2014 City Commission meeting.
JLM/JLT/JR/CM
T:\AGENDA\20'l4Uune\Parks and Rec\Medina lce Rink\Medina lce Rink Setting pubtic Hearing MEMO.docx
285
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA ACCEPTING THE RECOMMENDATION
OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT
ITS MAY 30, 2014 MEETING TO RENAME THE SCOTT RAKOW
YOUTH CENTER IGE SKATING RINK IN MEMORY OF BARBARA
MEDINA AND, PURSUANT TO SECTION 82-503 OF THE CITY CODE,
SETTING A PUBLIC HEARING FOR JULY 23,2014 AND D]RECTING
THE CITY CLERK TO PUBLISH THE APPROPRIATE PUBLIC NOTICE.
WHEREAS, during the April 9, 2014 Cily Commission meeting, a discussion item was
referred to the Neighborhood/Community Affairs Committee regarding the renaming of the Scott
Rakow Youth Center lce Skating Rink in memory of Barbara Medina; and
WHEREAS, on May 30, 2014, the Neighborhood/Community Affairs Committee
approved a motion to rename of the Scott Rakow Youth Center lce Skating Rink in memory of
Barbara Medina, and
WHEREAS, the Scott Rakow Youth Center, formerly the Miami Beach Youth Center,
opened in 1976 with an interior ice skating rink and, at thattime, all thatwas offered were ice
skating classes and private lessons; and
WHEREAS, Barbara Medina developed a passion for the ice skating program, and had
a vision that went beyond ice skating classes and private lessons; and
WHEREAS, to help her vision come to fruition, she applied and was hired by the City of
Miami Beach as an ice skating instructor and was successful in raising the ice skating program
to a higher level by adding competitions and shows to the existing ice skating program; and
WHEREAS, in 1993, Barbara Medina recognized the need toteach children that could
not afford ice skating lessons and, although she was on contract with the City, Ms. Medina
elected to work for free and not accept any payment so she could teach those that could not
afford lessons; and
WHEREAS, many of those that ice skated in the ice rink from 1976 to the early 2000's
hold Barbara Medina fondly in their hearts because she helped make the ice skating program
the incredible program that it is today.
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 Neighborhood/Community Affairs
Committee at its May 30, 2014 meeting to rename the Scott Rakow Youth Center lce Skating
Rink in memory of Barbara Medina and, pursuant to Section 82-503 of the City Code, hereby
set a public hearing for July 23, 2014 and direct the City Clerk to publish the appropriate Public
Notice at least ten (10) days prior to said Public Hearing in a newspaper of general circulation in
the City of Miami Beach at which time and place all interested parties will be heard.
PASSED and ADOPTED this
ATTEST:
day of 2014.
APPROVED AS T1]
FORM & LA|,.]GUAUE
Philip Levine, Mayor & FOR EXECUI IOi.{
Rafael E. Granado, City Clerk
T:\AGENDAUol4Uune\Parks and Rec\Medina lce Rink\Medina lce Rink Setting Public Hearing - Reso.doc
lr-L- CilyTt,rnry286
Adviso Board Recommendation;
Clerk's Office Tracki
Sign-Offs:
T:lAGENDA\2014Uune 1 1\Comras Company Easemenl Summary.docx
COMMISSION ITEM SUMMARY
AGENDA ITEM C7 T
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving
The Vacation Of An Existing 10 Foot Utility Easement And Accepting A Proposed 10 Foot Utility
Easement From Comras Company For The Construction, lnstallation, Mainienance, Repair, And
Replacement Of A City Drainage Outfall Pipe, As Described Above, Or ln Such Other Configuration
As ls Determined Acceptable By The City's Public Works Director And City Engineer With The
Vacation Of The Existing Easement Only After The Completion Of The Proposed Stormwater Pump
Outfall And Final Comras
Item Summary/Recommendation :
The City has identified a mutually beneficial situation where an existing 10 foot City owned utility
easement that creates a longer more circuitous pipe run and can potentially conflict with a future
building design development can be exchanged for a more direct easement connecting to the outfall.
The City and the developer agree to vacate the existing 10 foot utility easement, as recorded in the
Ofiicial Record Book 19894, Page 1687, which is located on a portion of Lot 25 and 26, Block 15-A,
lsland View Addition, according to the Plat thereof as recorded in Plat Book 9, Page 144, of the Public
Records of Miami-Dade County, Florida.
ln exchange for this easement vacation, Comras Company will grant the City a 10 foot drainage
easement, for the construction, installation, maintenance, repair, and replacement of City drainage
outfall pipes.
Based on the revisions to the Stormwater Management Master Plan, injection well systems will
eventually be converted to direct discharge systems. Sunset Harbour Pump Station #3 has been
redesigned and the result is a need for a gravity outfall and a force main outfall. For this reason, this
10 foot stormwater easement is now required.
The outfalls for the redesigned Sunset Harbour Pump Station #3 will be accommodated with the
proposed 10 foot easement.
The Public Works Department has reviewed the drainage calculations and recommends to vacate the
existing easement and accept the proposed easement. The existing stormwater drainage pipes will
be rerouted by the City to maintain the outfall discharge.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
nla
Financial lnformation:
Source of
Funds:
Amount Account
I
OBPI Total
las Seaman 6343
E MIAMIBEACH o,ffl 6-ll-lq287
g MIAMI BEACH
€ity of itiomi Beoch, 1700 Conveniion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Me
Jlmmy Morales, City Manager
June 11,2014
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF AN EXISTING 10
FOOT UTILITY EASEMENT AND ACCEPTING A PROPOSED 10 FOOT UTILITY
EASEMENT FROM COMRAS GOMPANY FOR THE GONSTRUCTION,
INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF A CITY
DRAINAGE OUTFALL PIPE, AS DESCRIBED ABOVE, OR IN SUCH OTHER
CONFIGURATION AS IS DETERMINED ACCEPTABLE BY THE CITY'S PUBLIC
WORKS DIRECTOR AND CITY ENGINEER WITH THE VACATION OF THE
EXISTING EASEMENT ONLY AFTER THE COMPLETION OF THE PROPOSED
STORMWATER PUMP OUTFALL AND FINAL ACCEPTANCE BY COMRAS
GOMPANY.
ADMINISTRATION RECOMM ENDATION
Adopt the Resolution.
BACKGROUND
The City has identified a mutually beneficial situation where an existing 10 foot City owned utility
easement (ATTACHMENT A) that creates a longer more circuitous pipe run and can potentially
conflict with a future building design development can be exchanged for a more direct easement
connecting to the outfall. The City and the developer agree to vacate the existing 10 foot utility
easement, as recorded in the Official Record Book 19894, Page 1687, which is located on a
portion of Lot 25 and 26, Block 15-A, lsland View Addition, according to the Plat thereof as
recorded in Plat Book 9, Page 144, of the Public Records of Miami-Dade County, Florida.
ln exchange for this easement vacation, Comras Company will grant the City a 10 foot drainage
easement (ATTACHMENT B), for the construction, installation, maintenance, repair, and
replacement of City drainage outfall pipes.
ANALYSIS
Based on the revisions to the Stormwater Management Master Plan, injection well systems will
eventually be converted to direct discharge systems. Sunset Harbour Pump Station #3 has
FROM;
DATE:
SUBJECT:
288
City Commission Memorandum - Comras Company easement vacation and dedication
June 11, 2014
Page 2 ol 2
been redesigned and the result is a need for a gravity outfall and a force main outfall. For this
reason, this 10 foot stormwater easement is now required.
The outfalls for the redesigned Sunset Harbour Pump Station #3 will be accommodated with the
proposed 10 foot easement.
The Public Works Depa(ment has reviewed the drainage calculations and recommends to
vacate the existing easement and accept the proposed easement. The existing stormwater
drainage pipes will be rerouted by the City to maintain the outfall discharge.
CONCLUSION
The Administration recommends adopting the Resolution.
Attachments:
A. Legal description for vacation of a portion of an existing easement, vacation
Proposed Legal description
B. Legal description of relocated easement
C. Sketch ofA and B
Mr/Eb/JJF/BAM/DS
T:\AGENDAU0l 4Uune\Comras Company Easement Memo.docx
289
PU2=42 ebbf=bF<<o<*;ieEE AErEe=3;:Eim :==irs9H822" IHP=91rEdxBr :EF;-;fgSEEg 6ssPhB Bae,ii;_e btu:Hb= !:6;I43 EZ.,,:3rE Hg:4; !c ;ifi! EE E ExH;lr-i =p3rfir: ;7:ETgIE a:Eg35F 5EI E3E;[E Ifii[FIE Egl E=sas,g H-E*len Zqi fiFEi=a; Ea=frE== g(!290
Attachment - B
LEGAL DESCRIPTION
BEING AN EASEMENT LOCATED ON A PORTION OF LOT 26, BLOCK 15-A,
ISLAND VIEW ADDITION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 9, PAGE 144, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNry, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEING THE EAST 1O.OO FEET OF THE WEST 15.00 OF THE SOUTHERLY
13O.OO FEET OF SAID LOT 26, BLOCK 15A, ISLAND VIEWADDITION.
CONTAINING 1,300 SQUARE FEET MORE OR LESS.
291
cAt"tAL
Attachment C
N 0go0'00' w
- 1.50'
BUILDING DEPARTMENT
PERMIT APPUCATION 81 304944
o,**" t* uo.u.*uro' uflLIrY EAso/ENr
PER O.R.8.116s4, PAGE 1667
TED EASEMENT
795,2 SQ, FEET
I
PROPOSA) EUILDINC UNE
CONCRErE SEAWAIL
:l=
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1E
,1.r
6.1'a
5
I
NOT TO SCALE
x I -s orroo'oo','V ro.oo'x-POB
VACATEO
VACA'IE
ASEMENT
ISLAND VIEW ADD.
(P.B- 9, PG.
BLOCK I5A
LOT 25
NOtrTHERLY RIGHT OF WAY UNE
N 9000'00' E 67
VACATE EASEMENT
1397.1 SQ. FEET
N OO00'00' w
3-OO'
VACATE 0F EASEMENI VACAIE oF EASEMEMs.w. coNER oF LoT 25 20TH STREET (7O'RlW)
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292
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE VACATION OF AN EXISTING 10 FOOT UTILITY
EASEMENT AND ACCEPTING A 10 FOOT UTILIry EASEMENT FROM COMRAS
COMPANY FOR THE GONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR,
AND REPLACEMENT OF A CITY DRAINAGE OUTFALL PIPE, LOCATED AT 1261 2OTH
STREET, MIAMI BEACH, FLORIDA, OR IN SUCH CONFIGURATION AS IS
DETERMINED ACCEPTABLE BY THE CITY'S PUBLIC WORKS DIRECTOR AND CITY
ENGINEER, WTH THE VACATION OF THE EXISTING EASEMENT ONLY AFTER THE
COMPLETION OF THE PROPOSED STORMWATER PUMP OUTFALL AND FINAL
ACCEPTANCE BY COMRAS COMPANY, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE APPROPRIATE DOCUMENTS, SUBJECT TO THE
DOCUMENTS' APPROVAL BY THE PUBLIC WORKS DIRECTOR AND CITY
ATTORNEY.
WHEREAS, the City has identified a mutually beneficial circumstance where an existing 10 foot City
owned utility easement that creates a longer more circuitous pipe run and can potentially conflict with a
future building design development can be exchanged for a more direct easement connecting to the outfall;
and
WHEREAS, the City and the developer agree to vacate the existing 10 foot utility easement, as
recorded in the Official Record Book 19894, Page 1687, which is located on a portion of Lot 25 and 26,
Block 15-A, lsland View Addition, according to the Plat thereof as recorded in Plat Book 9, Page 144, oI lhe
Public Records of Miami-Dade County, Florida; and
WHEREAS, in exchange for this easement vacation, Comras Company will grant the City a 10 foot
drainage easement, for the construction, installation, maintenance, repair, and replacement of City drainage
outfall pipes; and
WHEREAS, the Public Works Department has reviewed the drainage calculations and
recommends to vacate the existing easement and accept the proposed easement. The existing stormwater
drainage pipes will be rerouted by the City to maintain the outfall discharge.
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 approve the
vacation of an existing '10 foot utility easement and accept a 10 foot utility easement from Comras Company
for the conslruction, installation, maintenance, repair, and replacement of a city drainage outfall pipe, located
al 1261 20s Street, Miami Beach, Florida, or in such configuration as is determined aiceptable'by the City's
Public Works Director and City Engineer, with the vacation of the existing easement only after the
completion of the proposed stormwater pump outfall and flnal acceptance by Comras Company, and
authorizing the Mayor and City Clerk to execute the appropriate documents, subject to the documents'
approval by the Public Works Director and City Attorney.
PASSED AND ADOPTED this 11d day ofJune, 2014,
ATTEST:
Ralph Granado, City Clerk
Philip Levine, Mayor
APPROVED AS TO FORM,
LANGUAGE AND FOR EXECUTION
ITY ATTORNEY
T:\AGENDAU0l 4Uune\Comras Company Easement Reso.docx
293
THIS PAGE INTENTIONALLY LEFT BLANK
294
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The Recommendation Of The Neighborhoods/Community Affairs Committee To
Remove The Cycle Track, Keep The Current Bicycle Lane, Mitigate As Many Obstructions As Possible
From The Pedestrian Area And Ensure That The Bicycle Lane ls Continuous And Navigable On 16th
Street.
At its October 17,2007 meeting, the City Commission adopted the Atlantic Greenway Network (AGN)
Master Plan, which included bicycle lanes on Euclid Avenue and 16'n Street. The Flamingo Basis of
Design Reports (BODR) and the AGN conflicted on Euclid Avenue. When the City moved foruard with
the Flamingo 10F Project (bound by 7th Street, Washington Avenue, loth Street, and Meridian Avenue),
the Flamingo Park Neighborhood Association (FPNA) objected to the bicycle lanes on Euclid Avenue,
as it would have required a reduction in the 7.s-foot wide planting areas that were part of the BODR.
ln exchange for support of the project and the bicycle lanes on Euclid Avenue, during a Historic
Preservation Board meeting on August 10,2010, the FPNA requested that all avenues designated as
local have 10-foot travel lanes and that all sidewalks be a minimum of 6-feet in width. The Historic
Preservation Board, per File No. 7192 and File No. 7232, approved the Flamingo 10F Project, including
the 10-foot wide travel lanes on the local avenues, 6{oot wide sidewalks, and bicycle lanes on Euclid
Avenue, during its August 10, 2010 and Apnl 12,2011 meetings, respectively. The Flamingo 10F project
was then constructed per these criteria.
At the June 5, 2013 meeting, the City Commission referred this item to the Transportation and Parking
Committee (TPC), NCAC, and the Bicycle-Pedestrian Facilrties Advisory Committee. At the July 1, 2013
TPC meeting, six (6) committee members present at the meeting, liked the cycle track plan consisting
of: 4-foot of green area; and a 1O{oot wide shared-use path (cycle track and sidewalk) endorsed on
each side in lieu of a bike lane. ln addition, the Committee supported the conversion to 10Joot lanes on
local avenues and streets.
At the July 10,2013 Finance and City Wide Projects Committee meeting, the Committee recommended
that staff conduct a walkthrough to review right-of-way encroachments and bring the item back to the
City Commission meeting in October 2013. On September 20, 2013, staff from Public Works
Engineering, Transportation, Parks and Green Space Management, and the Public Works Director
walked the site in order to further evaluate the available right-of-way. lt was as a result of this walk-
through that we are requesting the flexibility to revert back to on-street bicycle lanes for some or all of
the blocks if necessary.
At the July 19,2013 NCAC meeting, a motion was made by Commissioner Tobin directing Public Works
to move the item to Commission in October 2013, with a plan of action and objective. At the October
16,2013 Commission meeting, there were still some outstanding concerns regarding the mingling of
pedestrian and bicycle traffic at intersections. As a result, a motion was made to refer back the item to
the NCAC for further discussion.
lntended Outcome Su
Item Summary/Recommendation:
Su nq Data (Su Environmental Scan. etc.): N/A
At the March 28,2014 NCAC meeting, a motion was made to amend the BODR but remove the cycle
track, keep the current bicycle lane, mitigate as many obstructions as possible from the pedestrian area
and ensure that the lane is continuous and
Financial lnformation:
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmpact Summary:
Clerk's Office
Eric T. Carpenter, ext. 6012
295
E MIAMI BEACH
Gity of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www. miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 11,2014
A RESOLUTION ACCEPTIN
TO:
FROM:
DATE:
SUBJECT:
the City mtsston
NEIGHBORHOODS/COMMU
THE RECOMMENDATION OF THE
AFFAIRS COMMITTEE TO REMOVE THE
CYCLE TRACK, KEEP THE CURRENT BICYGLE LANE, MITIGATE AS MANY
OBSTRUCTIONS AS POSSIBLE FROM THE PEDESTRIAN AREA AND ENSURE
THAT THE BICYCLE LANE IS CONTINUOUS AND NAVIGABLE ON 16IH
STREET
BACKGROUND
At its October 17,2007 meeting, the City Commission adopted the Atlantic Greenway Network
(AGN) Master Plan, which included bicycle lanes on Euclid Avenue and 16th Street. The
Flamingo Basis of Design Reports (BODR) and the AGN conflicted on Euclid Avenue. When the
City moved fonryard with the Flamingo 10F Project (bound by 7th Street, Washington Avenue,
10'" Street, and Meridian Avenue), the Flamingo Park Neighborhood Association (FPNA)
objected to the bicycle lanes on Euclid Avenue, as it would have required a reduction in the 7.5-
foot wide planting areas that were part of the BODR.
ln exchange for support of the project and the bicycle lanes on Euclid Avenue, during a Historic
Preservation Board meeting on August 10,2010, the FPNA requested that all avenues
designated as local have 10-foot travel lanes and that all sidewalks be a minimum of 6-feet in
width. The Historic Preservation Board, per File No. 7192 and File No. 7232, approved the
Flamingo 10F Project, including the 1O-foot wide travel lanes on the local avenues, 6-foot wide
sidewalks, and bicycle lanes on Euclid Avenue, during its August 10, 2010 and April 12,2011
meetings, respectively. The Flamingo 10F project was then constructed per these criteria.
Since the development of the Flamingo BODR and the AGN Master Plan, the Flamingo
neighborhood has evolved. At the February 19, 2013 NeighborhoodiCommunity Affairs
Committee (NCAC) meeting, the Committee endorsed the reduction in travel lane width and
increase in minimum sidewalk width in order to achieve the goal of becoming the most
pedestrian-friendly neighborhood.
At the June 5, 2013 meeting, the City Commission referred this item to the Transportation and
Parking Committee (TPC), NCAC, and the Bicycle-Pedestrian Facilities Advisory Committee,.
At the July 1,2013 TPC meeting, six (6) committee members present at the meeting, liked the
cycle track plan consisting of: 4-foot of green area; and a 1O-foot wide shared-use path (cycle
track and sidewalk) endorsed on each side in lieu of a bike lane. ln addition, the Committee
296
Flamingo Neighborhood - Amendment to the BODR
March 28,2014
Page 2 of 2
supported the conversion to 10-foot lanes on local avenues and streets.
At the July 10, 2013 Finance and City Wide Projects Committee meeting, the Committee
recommended that statf conduct a walk{hrough to review right-of-way encroachments and bring
the item back to the City Commission meeting in October 2013. On September 20, 2013, staff
from Public Works Engineering, Transportation, Parks and Green Space Management, and the
Public Works Director walked the site in order to further evaluate the available right-of-way. lt
was as a result of this walk-through that the Administration requested the flexibility to revert
back to on-street bicycle lanes for some or all of the blocks if necessary.
At the October 16, 2013 Commission meeting, there were still some outstanding concerns
regarding the mingling of pedestrian and bicycle traffic at intersections. As a result, a motion
was made to refer back the item to the NCAC for further discussion.
At the March 28,2014 NCAC meeting, a motion was made to amend the BODR but remove the
cycle track, keep the current bicycle lane, mitigate as much obstruction as possible from the
pedestrian area and ensure that the bicycle lane is continuous and navigable.
CONCLUSION
The Administration recommends accepting the recommendation of the NCAC.
MT/ETC/JJF/DS
T.\AGENDA\z01 4Uune\Flamtngo Nerghborhood BODRAmendment docx
297
olrJFF=ofoulooFzotrfJoaLlJtr298
R2
COMPETITIVE BID REPORTS
299
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO ISSUE REOUEST FOR QUALTFTCATIONS (RFQ) 2014-223-AD FOR A
COMPREHENSIVE PROGRAM REVIEW OF NAUTILUS MIDDLE SCHOOL
Key lntended Outcome Supported:
lnduce Public School Accou at Middle School
Supporting Data (Surveys, Environmental Scan, etc.): Community survey results 2012 18% of residents with
at middle school level very satisfied, compared lo 76oh very satisfied at the elementary. M-DCPS climate
dala 2012-13 56% satisfied choice of education program offered at Nautilus Middle School, a 27 .2 yo decline
the 2010-11 school year, and 59o/o rating the overall atmosphere atthe school as positive, a 23.3% decline from
2010-11school
Item Summary/Recommendation :
At the January 31,2014 Commission Retreat, the City's Key lntended Outcomes in the Strategic Plan has been
updated to reflect the priority outcomes of the Mayor and Commission, and was formally adopted on March 5,2014
per resolution 2014-28525. This RFQ supports the KlOs to lnduce Public School Accountability Mainly at Middle
School and lnvestigate Establishing a Charter Middle School by contracting with a consultant to provide a
comprehensive program review of Nautilus Middle School. On January 8, 2008, the City of Miami Beach entered jnto
an Education Compact (the "Compact") with Miami-Dade County Public Schools (M-DCPS). Since the Compact
implementation, the City has collaborated with M-DCPS to enhance learning opportunities for youth in all Miami
Beach public schools. Community survey results in 2012 reflect 18 percent of residents with children at middle
school level very satisfied, compared to 76 percent very satisfied at the elementary school level. Additionally, M-
DCPS school climate survey d atafor 2O12-13 school year reflects 56 percent satisfled with the choice ofeducation
program offered at Nautilus Middle School, a 27 .2 percent decline from the 201 0-1 1 school year, and 59 percent
rating the overall atmosphere at the school as positive, a 23.3 percent decline from the 2010-1 1 school year.
The City of Miami Beach is seeking an education consultanUfirm to conduct a comprehensive program review for
Nautilus Mrddle of Miami-Dade County Public Schools, including but not limited to an academic program evaluation
both quantitative and qualitative data, a best practice literature review, benchmarking comparison, and market
evaluation, to address multiple community concerns. The contractor is expected to complete the data reviewwithin
one (1) month of selection, with recommendations for ongoing improvement tracked until January 201 5.
To seek proposals for the aforementioned services, the Administration is proposing to issue the attached RFO.
Proposers are encouraged to submit proposals that will: 1 ) identifiT existing issues and areas for improvemenVchange
within the school based on a gap analysis; 2) benchmark organizational structure and programming models for
Nautilus Middle School against other middle schools locally, at the state level, and nationally; and, 3) Assess
opportunities for the school's future in regards to improving academic achievement and community perception.
The anticipated budget for this review is $30,000, with a desired timeframe of six (6) months. Additionally, the
program review must include but not be limited to partnership opportunities, recommended and implemented
academic program lmprovements, monthly benchmarks/goals for proposed initiatives, digest of AdvanceED school
accreditation audit, scalable best practices for school business management model.
This item was originally presented forthe City Commission's consideration atthe May21,2014 Commission meeting.
However, at that meetrng a request was made to defer the RFQ regarding the Nautilus Middle School
Comprehensive Program Review to June 1 1 , pending the presentation of an action plan from Miami-Dade County
Public Schools. M-DCPS indicated the action plan would be provided in advance of the June 11 Commission
Meeting. Pursuantto discussion at the May 21,2014 Commission meeting and the Committee forQuality Education
motion from the May28,2O14 meeting indicating "The Committee for Quality Education recommends the Mayorand
Commission remove the following language in the Request for Qualification (RFQ) for the Nautilus Middle School
Comprehensive Program Review: "Establishing a charter middle school by contracting with a consultant" and any
comprehensive program review and monies spent to review Nautilus Middle School should be a collaboration
between Miami-Dade County Public Schools and the City of Miami Beach, the administration has removed any
language referencing a charter middle school, subject to direction from the Commission.
CONCLUSION
The Administration recommends that the Mayorand Commission authorize the issuance of the RFQ 2014-223-AD lor
ram Review Nautilus Middle School.
Financial lnformation:
Source of.rrunas,jK Amount Account
$30,000 199-9967-000367
Total
Financial lmpact Summary:
AGENOA ITEiI
DATEMIAMIBEACH RZA
300
MIAMIBEACH
Ciry oI l/tiomi Beoch, 1700 Convention Center Drive, Miqmi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
the City mtsston
SUB.]ECT: REQUEST FOR APPROVAL T ISSUE REOUEST FOR
QUALT FtCAT|ONS (RFO) 201 4-223-AD FOR COMpREH ENS tVE
PROGRAM REVIEW OF NAUTILUS MIDDLE SCHOOL
BACKGROUND/ANALYSIS
Atthe January 31,2014 Commission Retreat, the City's Key lntended Outcomes in the Strategic
Plan were been updated to reflect the priority outcomes of lhe Mayor and Commission, and was
formally adopted on March 5,2014 per resolution 2014-28525. This RFQ supports the KlOs to
lnduce Public School Accountability Mainly at Middle School by contracting with a consultant to
provide a comprehensive program review of Nautilus Middle School.
On January 8, 2008, the City of Miami Beach entered inlo an Education Compact (the "Compact")
with Miami-Dade County Public Schools (M-DCPS). Sincethe Compact implementation, the City
has collaborated with M-DCPS to enhance learning opportunities for youth in all Miami Beach
public schools. The review will be funded using funds allocated for teacher training during
lnternalional Baccalaureate Program deployment. Community survey results in 2012 reflect 18
percent of residents with children at middle school level very satisfied, compared to 76 percent
very satisfied at the elementary school level. Additionally, M-DCPS school climate survey data
lor 2012-13 school year reflects 56 percent satisfied wilh the choice of education program offered
at Nautilus Middle School , a27.2 percent decline from the 2010-11school year, and 59 percent
rating the overall atmosphere at the school as positive, a 23.3 percent decline from the 2010-11
school year.
The City of Miami Beach is seeking an education consultanUfirm to conduct a comprehensive
program review for Nautilus Middle of Miami-Dade County Public Schools, including but not
limited to an academic program evaluation both quantitative and qualitative data, a best practice
literature review, benchmarking comparison, and market evaluation, to address multiple
community concerns. The contractor is expected to complete the data review within one (1)
month of selection, with recommendationsforongoing improvementtracked until January2015.
To seek proposals for the aforementioned services, the Administration is proposing to issue the
attached RFQ. Proposers are encouraged to submit proposals that will:. ldentify existing issues and areas for improvemenUchange within the school
based on a gap analysis;. Benchmarking organizational structure and programming models for Nautilus
Middle School agalnst other middle schools locally, at the state level, and
nationally; and,r Assess opportunities for the school's future in regards to improving academic
achievement and community perception.
301
Request lo /ssue RFP 2014-223-AD
Page 2
The anticipated budget for this review is $30,000, with a desired timeframe of six (6) months.
Additionally, the program review must include but not be limited to partnershlp opportunities,
recommended and implemented academic program lmprovements, monthly
benchmarks/goals for proposed initiatives, digest of AdvanceED school accreditation audit,
scalable best practices for school business management model.
Pursuant to the RFQ process, following the receipt and review of proposals, negotiations will
be conducted with the top qualified proposer(s). The final contract will be presented to the
Gity Commission for approval.
MAJOR RFQ REQUIREMENTS
1. MINIMUM QUALIFICATIONS
Please Reference Appendix C, Minimum Requirements and Specifications,
RFQ 2014-223-AD, for Comprehensive Program Review Nautilus Middle
School.
2. SUBMITTAL REQUIREMENTS
Please Reference Section 0300, Proposal Submittal lnstructions and Format,
RFQ 2014-223-AD, for Comprehensive Program Review Nautilus Middle
School.
3. CRITERIA FOR EVALUATION
Please Reference Section 0400, Evaluation / Selection Process, RFQ 2014-
223-AD, for Comprehensive Program Review Nautilus Middle School.
This item was originally presented for the City Commission's consideration at the May 21,
2014 Commission meeting. However, at that meeting a requestwas made to deferthe RFQ
regarding the Nautilus Middle School Comprehensive Program Reviewto June '1 '1 , pending
the presentation of an action plan from Miami-Dade County Public Schools (M-DCPS). M-
DCPS indicated the action plan would be provided in advance of the June 11 Commission
Meeting. Pursuant to discussion at the May 21 ,2014 Commission meeting and the
Committee for Quality Education motion from the May 28,2014 meeting indicating "The
Committee for Quality Education recommends the Mayor and Commission remove the
following language in the Request for Qualification (RFQ) for the Nautilus Middle School
Comprehensive Program Review: "Establishing a charter middle school by contracting with
a consultant" and any comprehensive program review and monles spent to review Nautilus
Middle School should be a collaboration between Miami-Dade County Public Schools and
the City of Miami Beach, the administration has removed any language referencing a charter
middle school, subject to direction from the Commission.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
the RFQ 2014-223-AO for a Comprehensive Program Review Nautilus Middle School.
ATTACHMENTS
RFQ 2014-223-AD, for a Comprehensive Program Review Nautilus Middle School.
f'XHgPJffi?-suan*RFe20l4-223-LRNautirusprosramReviewrvlEMo.doc
302
REQUEST FOR GUAL|F|CAT|ONS (RFe)
RFQ 2014-223-AD
COMPREHENSIVE EDUCATIONAL PROGRAM REVIE\V OF
NAUTILUS MIDDLE SCHOOL
RFQ ISSUANGE DATE: JUNE 13,2014
STATEMENTS OF QUALIFICATIONS DUE: JUNE 27,2014 @ 3:00 PM
ISSUED BY:
# MIAAAIBEACH
Alex Denis, Director
DEPARTMENT OF PROCUREMENT MANAGEMENT.l700 Convention Center Drive, Miomi Beoch, FL 33139
3O5.673.7O0O x749O I www.miomibeochfl.gov
303
E MIAMIBEACH
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTlLtzED .................. ....................... N/A
O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ...........................3
0300 SUBM|TTAL TNSTRUCTTONS & FORMAT ......................10
0400 EVALUATTON PROCESS ..........................12
APPENDICES: PAGE
APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........14
APPENDTX B 'NO BtD" FORM ...........................2:1
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ...,,,....,....23
APPENDIX D INSURANCE REQUIREMENTS ............. ..........25
RFP 2014-223-AD
304
g MIAMIBEACH
SECTION O2O()INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Qualifications (RFa) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of
Qualifications (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 1o one another and together establish the complete terms, conditions and obligations of the
Proposer and, subsequently, the successful propose(s) (the "contractor[s]") if this RFQ 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 RFQ. Any prospective
proposer who has received this RFQ by any means other than through PublicPurchase must register immediately
wilh PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum
may result in disqualification of proposal submifted.
2. PURPOSE.
The purpose of this RFQ is to seek proposals to conduct a comprehensive educational program review at Nautilus
Middle School, 4301 Michigan Avenue, Miami Beach, Florida 33140, as further detailed in Appendix C. lnterested
parties shall not visit the school site at any time prior to award in connection with the RFQ. All pertinent information
shall be discussed at the Pre-Submittal meeting as scheduled herein. Proposals from Charter School firms are
not requested at this time.
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:
RafaelGranado@miamibeachfl.qov ; 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 the date established in
Section 3 above. All responses to questions/clarifications will be sent to all prospective Proposer in the form of an
addendum.
Procurement Contact:
Alex Denis
Telephone:
305-673-700, EXT 7490
Email:
adenis@MiamiBeachFL.gov
ATION TIMETABLE. The tentative schedule for this solicitation is as follows:
Solicitation lssued June 13, 2014
Pre-Proposal Meeting July 9, 2014
Deadline for Receipt of Questions July 11,2014
Responses Due luly 23,2014
Evaluation Committee Review August 4, 2014 (tentative)
Tentative Commission Approval Authorizing Negotiations September 10,2014
Contract Negotiations Following Commission Approval
RFP 20r 4223-AD
305
b MIAMIBEACH
5. PRE-STATEMENTS OF QUALIFICATIONS MEETING OR SITE VISIT(S). Only if deemed necessary by the City,
a pre-proposal meeting or site visit(s) may be scheduled.
A Pre-Proposal conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hall - 4th Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Proposal Meeting via telephone must follow these steps:
(1) Dialthe TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 1142644
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFQ expressing their intent to participate via telephone.
6. INTERPRETATIONS. Oral information or responses to questions received by prospective Proposer 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. Addendum will be released through PublicPurchase.
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 forurarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http//library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinanceshesolutions, which may be found on the City 0f Miami Beach website:
http://web.miamibeachfl,qov/procu remenUscroll, aspx?id=2351 0
. CONE0FS|LENCE......,...,,.. .. CITYCODESECTION2-486
o PROTESTPROCEDURES...... CITYCODESECTION2-371
. DE3ARMENTPROCEEDINGS,.,.,,... CITYCODESECTIONS2-397THROUGH2485,3
. LOBBYISTREGISTMTIONANDDISCLOSUREOFFEES..,...,..,,,,,,,,. CITYCODESECTIONS24SlTHROUGH2406. CAI\,IPAIGN CONTRIBUTIONS BY VENDORS..,..,. CITY CODE SECTION 2487
. CAI\,IPAlGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT
rssuEs. ,...,,,......, ctTycoDESEcTtoN 2488r REQUIREMENT FOR CITY CONTMCTORS T0 PROVIDE EOUAL
BENEFITS FOR DOIUESTIC PARTNERS,. CITY CODE SECTION 2.373
. LlVlNGWAGEREQUlREMENT,..,................. CITYCODESECTIONS240TTHROUGH24'10. LOCALPREFERENCEFORMIAMI BEACH-BASEDVENDORS,,,,,,,. CITYCODESECT|ON2-372
o PREFERENCE FOR FLORIDA SI\,IALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERViCE.
DISABLED VETEfu{N BUSINESS ENTERPRISES... ,,, ,,. ..,.. CITY CODE SECTION 2-374
RFP 20 I 4 2'.23 At)
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. FALSE CLAIMS ORDINANCL ,. CITY CODE SECTION 70-300. ACCEPTANCE0FGIFTS,FAVORS&SERV|CES,..,...,.... ClilCODESECT|0N2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF QUALIFICATIONS. The City reserves the right to
postpone the deadline for submittal of Statement of Qualifications and will make a reasonable effort to give at least
three (3) calendar days written notice of any such postponement to all prospective Proposers through
PublicPurchase.
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 proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
1 1. MIAMI BEACH-BASED VENDORS PREFERENCE, Pursuant to City of Miami Beach Ordinance No. 201 1-3747,
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 0F AWARD, The final ranking results of Step 1 & 2 outlined in Section V, Evaluation of
Statement of Qualifications, will be considered by the City Manager who may recommend to the City Commission
the propose(s) s/he deems to be in the best interest of the City or may recommend rejection of all Statement of
Qualifications, 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 Managels recommendation and select another Proposer
(s) which it deems to be in the best interest of the City, or it may also reiect all Stalement of Qualifications. Upon
approval of selection by the City Commission, negotiations between the City and the selected Proposer (s)willtake
place to arrive at a mutually acceptable Agreement, including cost of services.
14. ACCEPTANCE OR REJECTION 0F RESPONSES, The City reserves the right to reject any or all Statement of
Qualifications prior to award. Reasonable efforts will be made to either award the Contract or reject all Statement of
Qualifications within one-hundred twenty (120) calendar days after Statement of Qualifications opening date. A
proposer may not withdraw its Statement of Qualifications unilaterally before the expiration of one hundred and
twenty (120) calendar days from the date of Statement of Qualifications opening.
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15. PROPOSER'S RESPONSIBILITY. Before submitting a Statement of Qualiflcations, 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. lgnorance 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 RESPONDENTS. All expenses involved with the preparation and submission of
Statement of Qualifications, 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. lt is the intent of the City, and Proposals hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer , nor the
Proposer 's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City
18. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
19. MISTAKES. Proposals are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ Failure to do so will
be at the Proposer's risk and may result in the Statement of Qualifications 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. lnvoices must be
consistent with Purchase Order format.
21. PATENTS & ROYALTIES. 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. lf the proposer uses any
design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without
exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
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.
RFP 201 42?3 AD
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Where contractor is required lo 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.
25. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Proposer 's facility may be made prior to the award of contract.
B. Statement of Qualifications will only be considered from flrms which are regularly engaged in the business of
providing the goods and/or services as described in this solicitation.
C. Proposals 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, ln 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 othenrvise dispose of the
contract, including any or all of its right, title or interest therein, or hisiher 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-proflt agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profil agency.
29. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt 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.
7RFP 20I 4223 AD
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30. DISPUTES. ln 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.
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 othenvise 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 to120 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. Proposals 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 proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with 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 othenrvise 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.
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34, MODIFICATION/WITHDRAWALS OF QUALIFICATIONS. A Proposer may submit a modified Statement of
Qualifications to replace all or any poriion of a previously submitted Statement of Qualifications up until the
Statement of Qualifications due date and time. Modificatrons received after the Statement of Qualifications due date
and time will not be considered. Statement of Qualifications shall be irrevocable until contract award unless
withdrawn in writing prior to the Statement of Qualifications due date, or after expiration of 120 calendar days from
the opening of Statement of Qualifications without a contract award. Letters of withdrawal received after the
Statement of Qualifications due date and before said expiration date, and letters of withdrawal received after contract
award will not be considered.
35, EXCEPTIONS TO RFQ. Proposals must clearly indicate any exceptions they wish to take to any of the terms in
this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Statement of Qualifications. The City, at its sole and absolute discretion, may
accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected,
the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer
took exception to (as said term and/or condition was originally set forth on the RFQ).
36. ACCEPTANCE 0F GIFTS, FAVORS. SERVICES. Proposals 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
Statement of Qualifications. 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 lntentionallv Left Blank
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SECTION O30O SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3+ing binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals.
Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications
received electronically, either through email or facsimile, are not acceptable and will be relected.
2. LATE BIDS, Statement of Qualifications are to be received on or before the due date established herein for the
receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will
be considered late and not be accepted or will be returned to proposer unopened. The Cily does not accept
responsibility for any delays, natural or otherwise.
3. STATEMENII IEIUAUflQATIONS FORMAT. ln order to maintain comparability, facilitate the review process
and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that
Statement of Qualifications 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 coptes should also be tabbed and contain a table of contents with page references. Statement of
Qualifications that do not include the required information will be deemed non-responsive and will not be considered.
Cover Letter & Minimum Qualifications Requirements
1.1 Gover Letter and Table of Contents. The cover lefter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Response 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
ualifications requirements established in Aooendix C, Minimum Reouirements and Soecificati
& 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 similaras 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 contaci, contact telephone &
email, and yea(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 prolect 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 respondent team member to be assigned to this contract.
RFP 2014-223-AD t0
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of Services
Submit detailed information outlining the scope of services that the proposer is proposing. For any scope
requirement identified in Appendix C, Minimum Requirements and Specifications, proposer is to clearly articulate
how the proposed solution satisfies the scope requirement. Proposers may offer complementary or related services
or solutions beyond the stated scope requirements.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to comolete a fullv review and score the orooosed scone of services,
g MIAMIBTACH
Note: After proposal submittal, the City reserves the right to require additional information from Proposer (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).
il
h and Methodol
For each scope of service outlined in Tab 3, Scope of Services, submit detailed information on the approach and
methodology how proposer plans to accomplish the proposed scope of services, including detailed information, as
applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options,
on time and within
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SECTION O4OO STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Statement of Qualifications in accordance with the requirements set forth in the solicitation. lf further information is
desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral
presentations to the Evaluation Committee. The evaluatlon of Statement of Qualifications 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
Statement of Qualifications 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 Statement of Qualifications in accordance with the qualifications
criteria established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:r review and score all Statement of Qualifications received, with or without conducting interview
sessions; or. review all Statement of Qualifications received and short-list one or more Proposer to be further
considered during subsequent interview session(s) (using the same criteria),
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows.
Miami Beach-Based Vendor Preference
Veterans Preference
30
35
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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 membe/s scores by the Department of Procurement Management, Step
1 and 2 scores will be converted to rankings in accordance with the example below:
Step 1
Points dz 76 80
Slep 2
Points 22 15 12
Total 104 91 92
:rrrrMember:1 r JI
Step I
Points 79 85 72
Step 2
Points 15 12
Total 10'l 100 84
,,,11: " Rank l zl 3
Step 1
Points 80 74 66
Step 2
Points 22 15 12
Total 102 89 7A
- 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.
RFP 201 4223 AD t3
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APPENDIX A
&
:MIAAAIMTACh.I
Respo nse Certificotion,
Questionnoire &
Req uirements Affidovit
RFQ 201 4-223-AD
COMPREH ENSIVE EDUCATIONAL
PROGRAM REVIE\V OF NAUTILUS
MIDDLE SCHOOL
PROCUREMENT MANAGEMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch. Florido 33139
RFP 20I 4223 AD )4
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Solicitatron No:
2014-223-AD
Solicitation Titlei
COMPREHENSIVE PROGRAM REVIEW - NAUTILUS MIDDLE SCHOOL
Procurement Contact:
Alex Denis
Tel:
305-673-7000 X7490
Ernail:
adenis@miamibeachfl .oov
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from
Proposals in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire
and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
1. General Proooser lnformation.General Proposer lnformation.
FIR[,4 NA[/E:
No ofYears in Business:No ot Years in Business Locally:
OIHER NAME(S) PROPOSER HAS OPERAIED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZiP CODE:
I'ELEPHONE NO.:
TOLL FREE NO,:
FAX NO :
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO-:
ACCOUNI REP TOLL FREE NO,:
ACCOI]NT REP EIVIAIt.
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client informatlon, financial information, or any information the City deems
necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements.
RFP 2014-223 A)trIJ
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4.
Miami Beach Based (Local) Vendor. ls proposer claiming Miami Beach based firm status?
l__l ves [--l r.ro
SUBMITTAL REQUIREMENT: Proposals claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the
City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, to demonstrate that the
Proposer is a Miami Beach Based Vendor.
Veteran Owned Business. ls proposer claiming a veteran owned business status?
f__l ves n No
SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentalion 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 201 1-3748,
Conflict Of lnterest. All Proposals must disclose, in their Statement of Qualifications, 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
Proposals 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: Proposals 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 lhe City of Miami Beach. Proposals 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
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 referenc€ submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
f__l ves f ] ruo
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposals are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codifled in Sections 2-487 through 2-490 of the City Code, Proposals shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are mmplied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualiflcation of their Statement of Qualillcations, in the event of such non-compliance,
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entitles (including your sub-consultants) with a controlling
llnancial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or enlity 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 lVliami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity thal seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response
or within flve (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 Iirm's Code of Business Ethics, ln lieu of submitting Code of Business
Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU.
RtP 201 4223-AD t6
318
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposer
shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below:o Commencing with City fiscal year 2012-13 (October 1 , 2012), the hourly living rate will be $1 1.28/hr with health
benefits, and $12.92/hr without benefits.
The living wage rate and health care beneflts rate may, by Resolution of lhe City Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CP|-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's
Eureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by
resolution, elect not to index lhe living wage rate in any particular year, if it determines it would not be fiscally sound to implement
same (in a particular year).
Proposals' failure to comply with lhis provision shall be deemed a material breach under this proposal, under which the City may,
at its sole option, immediately deem said proposer as non+esponsive, and may further subiect proposer to additional penalties and
fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is
available at www,miamibeachfl .gov/procurement/.
SUBMITTAL REQUIREMENT: No additional submittal is required, By virtue of executing this affidavit document, Proposer agrees
to the living wage requirement.
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, lhe Equal Benelits for Domestic Partners Ordinance 2005-3494 requires cerlain contractors doing business
with the City of Miami Beach, who are awarded a contracl pursuant to competitive proposals, to provide "Equal Beneflts'to their
employees with domestic partners, as they provide lo employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of lt/iami Beach, Florida; and the Confactofs employees located in the United
States, but outside of the City of l\tliami 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?
[-_-l ves [--l r.ro
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic parlners* or to
domestic partners of employees?
l--_l ves f__l No
c. Please check all benefits that apply to your answers above and list in the "othe/' 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
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Beneflt
Health
Sick Leave
Family l\4edical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., lhere 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
Benelits requirement is available at www,miamibeachfl .gov/procuremenU.
319
10.Public Entity Crimes. Section 287 133(2Xa), 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 entily crime may not submit
a proposal, proposal, or reply on a conkact to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the conslruction or repair of a public building or public work; may not submit
proposals, Statement of Qualiflcations, or replies on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultanl under a conkact with any public entity; and may not lransact 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 convicled 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 certifles it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposer or alter solicitation requirements. The City will strive to reach every Proposer
having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposals are solely
responsible for assuring they have received any and all addendum issued pursuant lo solicitation. This Acknowledgement of
Addendum section certifies lhat the Proposer has received all addendum released by the City pursuant to this solicitalion. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
lnitialto Conflrm
Receipt
lnitial to Conflrm
Receiot
lnitialto Confirm
Receiot
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum'12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum'14
Addendum 5 Addendum'10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
11.
320
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 Statement of Qualifications made pursuant to lhis solicitation, or in making any award, or in failing
or refusing to make any award pursuant to such Statement of Qualifications, 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.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualiflcations, may accept or reject
Statement of Qualifications, and may accept Statement of Qualiflcations which deviate from the solicitation, as it deems appropriate and in its
best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of
Qualiflcations in response lo this solicitation,
Following submission of Statement of Qualif,cations, the applicant agrees to deliver such further details, information and assurances,
including linancial and disclosure data, relating to the Statement of Qualiflcations 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 Proposals. lt 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 mntents, or on any permitted communications with City officials, shall be at the recipient's own risk, Proposals 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 lhe City
or its agenls that any Statement of Qualillcations 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 Statement of Qualif,cations submitted to the City
pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Slatement of Qualifications,
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice, lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposals will be bound only as, if and when a Stalement of Qualiflcations, as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant lo the terms of lhe delinitive
agreements executed among lhe parties, Any response lo this solicitation may be accepted or relected 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{he-Sunshine Law, and all Statement of Qualifications and supporting documents shall be
subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
confidential to the exlent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all
documents received by the City shall become public records.
Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Stalement of
Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplemenl information contained in the Statement of Qualiflcations, 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 Statement of Qualiflcations
is true, accurate and mmplete, to the best of its knowledge, information, and belief,
Notwithstanding lhe foregoing or anything contained in the solicitation, all Proposals agree that in the event of a linal 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 liquidaled 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,
ln 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.
RFP 2014223AD lo
321
I hereby certify that: l, as an authorized agent of the Proposer , am submitting the following information as my flrm'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 Proposals 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 Statement of Qualifications Certiflcation, Questionnaire and Requirements Affldavit are true and
accurate.
Name of Proposer 's Authorized Representative:Title o[Proposer's Authorized Representative:
Signature of Proposer 's Aulhorized Representative:Date:
State of FLORIDA )
)
On this _day of 20_, personally
appeared before me who
of
County of _) stated that (s)he is the
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:
RFP 20r4-2?3-AD 20
322
APPENDIX B
g AAIAMI mrACH
"No Bid" Form
RFQ 201 4-223-AD
COMPRE H E NSIVE EDUCATIONAL
PROGRAM REVIE\^/ OF NAUTILUS
MIDDLE SCHOOL
PROCUREMENT MANAGEMENT DEPARTMENT
l7O0 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 20I 4223 AD
323
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT
THIS T|ME FOR REASON(S) CHECKED AND/OR IND|CATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient 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 producUservice
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Gompany Name:
Note: Failure to respond, either by submitting a proposal 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
STATEMENTS OF QUALIFICATIONS #2014-O8O-SW
1700 Convention Center Drive
MIAMI BEACH, FL 33139
RtP '.2o t 4-2'.23-At)aaLL
324
APPENDIX C
g AAIAAAIBTACF{
Minimum Requirements
& Specificotions
RFQ 201 4-223-AD
COMPREH ENSIVE EDUCATIONAL
PROGRAM REVIE\V OF NAUTILUS
MIDDLE SCHOOL
PROCUREMENT MANAGEMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
RtP 2014-223-AD 23
325
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. Proposals that fail to comply with minimum requirements will be
deemed non-responsive and will not be considered,
o Proposer shall have completed no less than three (3) comprehensive program reviews for
a public middle school of similar size and scope within the last seven (7) years.
Joint Venture proposals are not allowed. The City will contract with a Prime Proposer only.
However, Prime Proposers may include sub-consultants to the Prime Proposers in their proposal.
C2. Statement of Work Required. Conduct a comprehensive program review for Nautilus Middle
of Miami-Dade County Public Schools, including but not limited to an academic program evaluation
both quantitative and qualitative data, a best practice literature review, benchmarking comparison,
and market evaluation, to address the following concems:o ldentify existing issues and areas for improvemenUchange within the school based
on a gap analysis of primary data garnered from customer satisfaction surveys,
previously collected focus group data, and the district's AdvanceED accreditation
report;. Benchmarking organizational structure and programming models for Nautilus
Middle School against other middle schools locally, at the state level, and
nationally; and,. Assessing opportunities for the school's future in regards to improving academic
achievement and community perception.
The objective is to conduct the program review, assess progress on goals of proposed suggestions
for improvement, and provide recommendations for ongoing improvement by January 2015.
ln addition, the scope would include coordination and integration of improvements with Miami-Dade
County Public School Nautilus Middle and any recommendations for Nautilus Middle School
program, as well as an evaluation of any leveraging City resources to improve perception in the
community.
Program Recommendations for lmprovement (Deliverables). The Program Review
recommendations shall address in detail, at a minimum, the following elements,. Visionr Partnershipopportunities. Academic Program lmprovements to address the findings of the program review
. Monthly benchmarks/goals for proposed initiatives. SWOT analysis. Digest of AdvanceED school accreditation audit. Scalable best practices for school business management models,
24
326
APPENDIX D
g MIAMIBTACH
I nsuro nce Req uirements
RFQ 201 4-223-AD
COMPRE H ENSIVE EDUCATIONAL
PROGRAM REVIE\V OF NAUTILUS
MIDDLE SCHOOL
PROCUREMENT MANAGEMENT DEPARTMENT.l700 Convention Cenler Drive
Miomi Beoch, Florido 33139
RtP )Ot4-223-AD 25
327
'D:AAIAMIBEACH
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.
_1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida.
_Z 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).
3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included.
-4.
Excess Liability - $-.00 per occurrence to follow the primary coverages.
_ 5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
_ 6. Other lnsurance as indicated:
_ Builders Risk completed value $_.00_ Liquor Liability $_.00_ Fire Legal Liability $_.00_ Protection and lndemnity $_.00_ Employee Dishonesty Bond $_.00_ Other $_.00
XXf, 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:Vl or better, latest edition.
XXX 9. The certificate must state the proposal number and title
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.
RFP 20 I 4-223 AD 25
328
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R2 . Competitive Bid Reports
R2B Request For Approval To Award Contracts Pursuant To (RFA) No. 2013-178-SR For
Franchise Waste Contractors To Provide Residential And Commercial Waste Collections
And Disposal Service.
(Public Works/Procurement)
(Memorandum to be Submitted in Supplemental)
Agenda nem RZO
oate b-ll-lL(330
THIS PAGE INTENTIONALLY LEFT BLANK
331
R5
ORDINANCES
332
g MIAMI BEACH
City of Miami Beoch, I Z0O Convention Center Drive, Miomi Beoch, Florido 33139, www,miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: Raul Aguila, City Attorneyf.JL
CC: Jimmy Morales, City Manager
DATE: June 11,2014 SECOND READING PUBLIC HEARING
SUBJECT: ALCOHOLIC BEVERAGES - CORREGT 6-3 HOURS OF SALE
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, ''ALCOHOLIC
BEVERAGES,'' OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING SEGTION 6-3, "HOURS OF SALE," TO CORRECT SCRIVENER'S
ERRORS CONCERNING ON.PREMISES AND OFF-PREMISES REGULATIONS,
TO REFLECT THE ACTION OF THE CITY COMMISSION IN PREVIOUS
AMENDMENTS TO SUCH CHAPTER, RESTORING TO THE CODE THE ON-
PREMISES CONSUMPTION REGULATION BETWEEN 8:00 A.M. AND 5:00 A.M.,
AND RESTORING TO THE CODE THE OFF.PREMISES CONSUMPTION
REGULATION ALLOWING THE SALE OF ALCOHOLIC BEVERAGES UNTIL
MIDNIGHT; PROVIDING FOR GODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
RECOMMENDATION
Approve the Ordinance on First Reading and schedule a Second Reading Public Hearing.
BACKGROUND/ANALYSIS
The City Attorney's Office has noticed that Chapter 6, Article l, Section 6-3, was incorrectly
amended, and inadvertently omitted language concerning on-premises consumption of alcoholic
beverages, substituted instead with duplicated language concerning off-premises consumption.
Section 6-3(3) provides regulations for the permitted hours of on-premises consumption of
alcoholic beverages in various types of alcoholic beverage establishments, as referenced in
subsections a-c. Subsection 6-3(3), however, begins with the language: "Off-premises package
sales shall be permitted between the hours of 8:00 a.m. and midnight, for all establishments
licensed as alcoholic beverage establishments." This is a duplication of language already in
subsection 6-3(4), which provides: "Off-premises package sales shall be permitted between the
hours of 8:00 a.m. and'l 1:00 p.m., for all establishments licensed as alcoholic beverage
establishments." Thls error was made in Ordinance 2003-3403, when subsection 6-3(4), intending
to amend the closing hours for sale of alcoholic beverages for off-premises consumption was
changed from'l 1:00 p.m. to midnight, instead amended subsection 6-3(3), and left subsection 6-
3(4) with the old 11:00 p.m. closing time.
Thus, subsection 6-3(3) should commence with the following language (taken from the code as it
existed prior to 2003: All establishments licensed as alcoholic beveraqe eslablishments (midniqht
to 5:00 a.m.). either as permitted main or accessorv uses. shall onlv offer for sale the on-premises
Agenda ltem KSA333
Commission Memorandum
Alcohol Beverages - Correct Section 6-3 on Hours of Sale
May 21,2014
Page 2 ol 2
consumption of alcoholic beveraqes within the hours of 8:00 a.m. and 5:00 a.m on any dav of the
week.
And subsection (4) should be corrected to have the correct closing time for sales of alcoholic
beverages for off-premises consumption, per the City Commission's last action on that subject:
Off-premises package sales shall be permitted between the hours of 8:00 a.m. and +++O-p.m=
midniqht, for all establishments licensed as alcoholic beverage establishments.
CONCLUSION
The City Commission should approve the Ordinance on First Reading and schedule a Second
Reading Public Hearing.
RA/GMH/s
T:\AGENDA\2014uune\Alcoholic beverages - Correct error in 6-3 - MEM 2nd reading,docx
334
ALCOHOLIC BEVERAGES - CORRECT SECTION 6-3 HOURS OF SALE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, ''ALCOHOLIC
BEVERAGES," OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
BY AMENDING SECTION 6-3, ''HOURS OF SALE," TO CORRECT
SCRIVENER'S ERRORS CONCERNING ON-PREMISES AND OFF-PREMISES
REGULATIONS, TO REFLECT THE ACTION OF THE CITY COMMISSION IN
PREVIOUS AMENDMENTS TO SUCH GHAPTER, RESTORING TO THE
CODE THE ON-PREMISES GONSUMPTION REGULATION BETWEEN 8:00
A.M. AND 5:00 A.M., AND RESTORING TO THE CODE THE OFF-PREMISES
CONSUMPTION REGULATION ALLOWING THE SALE OF ALCOHOLIG
BEVERAGES UNTIL MIDNIGHT; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILIW;AND AN EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami Beach, as permitted by state law, contains
various restrictions on the sale of alcoholic beverages within the City; and
WHEREAS, Section 6-3 of the Code restricts the sale of alcoholic beverages to certain
specified hours, depending upon the type of license obtained; and
WHEREAS, certain errors have occurred in prior ordinances adopted by the City
Commission concerning on-premises and off-premises regulations on consumption of alcoholic
beverages, and this ordinance is intended to correct such errors; and
WHEREAS, this error was made in Ordinance 2003-3403, when subsection 6-3(4),
intending to amend the closing hours for sale of alcoholic beverages for off-premises
consumption was changed from 11:00 p.m. to midnight, instead amended subsection 6-3(3),
and left subsectlon 6-3(4) with the old 11:00 p.m. closing time; and
WHEREAS, two corrections need to be made. First, subsectlon 6-3(3) should
commence with the following language, taken from the code as it existed prior to 2003:
All establishments licensed as alcoholic beveraqe establishments (midniqht to
5:00 a.m.). either as permitted main or accessorv uses. shall onlv offerfor sale
the on-premises consumption of alcoholic beveraqes within the hours of 8:00
a.m. and 5:00 a.m. on anv dav of the week.
WHEREAS, second, subsection 6-3(4) should be corrected to have the correct closing
time for sales of alcoholic beverages for off-premises consumption, per the City Commission's
last action on that subject:
Off-premises package sales shall be permitted between the hours of 8:00 a.m.
and 4400.p.m-{g!41gh'!, for all establishments licensed as alcoholic beverage
establishments.
WHEREAS, this ordinance accomplishes the purposes set forth above.
NOW THEREFORE, BE IT ORDATNED BY THE MAYOR AND CITY GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
335
SECTION 1. That Section 6-3, entitled "Hours of Sale," of Chapter 6, entitled "Alcoholic
Beverages," of the Code of the City of Miami Beach, Florida is hereby amended to read as
follows:
Sec. 6-3. Hours of sale.
The hours of sale of alcoholic beverages shall be according to the following
schedule, except as may be otheruvise provided pursuant to subsection (7):
(1) Retail stores for package sales only, either as permitted main or accessory
uses. Vendors having a license from the state division of alcoholic beverages and
tobacco for the sale of liquor and other alcoholic beverages for consumption off
the premises shall only offer for sale alcoholic beverages within the hours of 8:00
a.m. and midnight on any day of the week.
(2) Retail stores, including grocery and convenience stores, and gasoline
service/filling stations, either as permitted main or accessory uses, which primarily
offer for sale products other than alcoholic beverages may make sales of beer and
wine in sealed containers for consumption off the premises between the hours of
8:00 a.m. and midnight on any day of the week.
(3) All establishments licensed as alcoholic beveraqe establishments (midniqht to
5:00 a.m.), either as permitted main or accessory uses, shall onlv offer for sale the
on-premises consumption of alcoholic beveraoes within the hours of 8:00 a.,m.
and 5:00 a.m. on anv dav of theweek. @
a. Restaurants with full kitchen facilities, serving full meals, licensed as
alcoholic beverage establishments (midnight to 5:00 a.m.), but not
operating as dance halls or entertainment establishments, may remain
open 24 hours a day, however, alcoholic beverages may not be offered
for sale or on-premises consumption between the hours of 5:00 a.m. and
8:00 a.m.
b. Restaurants with full kitchen facilities, serving full meals, licensed as
alcoholic beverage establishments (midnight to 5:00 a.m.), and also
operating as dance halls, or entertainment establishments, may remain
open24 hours a day; however, alcoholic beverages may not be offered
for sale or on-premises consumption between the hours of 5;00 a.m. and
8:00 a.m., and dancing and entertainment shall not be conducted
between the hours of 5:00 a.m. and 10:00 a.m.
c. Other alcoholic beverage establishments (midnight to 5:00 a.m.), not
containing restaurants with full kitchen facilities, shall close at 5:00 a.m.
and keep closed the place of business and not allow any patron or other
persons, other than those employed by the vendor, to remain therein
between the hours of 5:00 a.m. and 8:00 a.m.
Note: For purposes of this section, full kitchen facilities shall mean having
commercial grade burners, ovens and refrigeration units of sufficient size
and quantity to accommodate the occupancy content of the
establishment. Full kitchen facilities must contain grease trap interceptors,
and meet all applicable city, county and state codes.
(4) Off-premises package sales shall be permitted between the hours of 8:00 a.m.
and 4-1+00p=ra, midniqht, for all establishments licensed as alcoholic beverage
establishments.
336
(5) Private clubs, either as a permitted main or accessory use, shall be considered
pursuant to subsection 6-2(a). Hours of operation and the consumption of
alcoholic beverages will be considered between the hours of 8:00 a.m. and 5:00
a.m., Monday through Sunday, provided that service is made only to members
and guests of members pursuant to Florida Statutes. However, any private club
permitted to remain open after 2:00 a.m. shall purchase an extra-hours license
and must provide for security in its premises by hiring private security guards or
off-duty police officers between the hours of 2:00 a.m. and 5:00 a.m. each day.
Private clubs securing a license from the state division of alcoholic beverages and
tobacco by complying with the requirements of F.S. g 561.20 for racquetball,
tennis or golf course facilities may admit members at any time for use of such
facilities, but may not serve alcoholic beverages after 2:00 a.m. each day unless
such private club is the holder of an extra-hours license and complies with the
above requirements.
(6) Upon a finding by the special master that a violation of this section has
occurred, the city may initiate proceedings to revoke the certificate of use,
occupational license, or certificate of occupancy of the violator. ln addition, this
section may be enforced and violations may be punished as second degree
misdemeanors, as provided in F.S. $$ 775.082 and 775.083.
(7) Alcoholic beverage establishments set forth in subsections (3) and (5)
permitted to remain open to serve alcoholic beverages for on-premises
consumption until 5:00 a.m. may continue to serve alcoholic beverages (i) until
7:00 a.m. on January 1 (New Year's Day) or, if January 1 is on a Sunday, until
7:00 a.m. on Monday if the day that is observed as a national holiday for New
Year's Day is on Monday, and (ii) until 7:00 a.m. during certain major event days
or weekends as may be designated by the city commission or as may be
designated by the city manager following approval by the city commission, under
the following conditions:
a. The police department and the code compliance division of the city
must be notified by a letter, received no laterthan 15 business days prior
to either (a) January I or (b) the day on which alcohol sales are to be
extended, stating that the alcoholic beverage establishment intends to
serve alcoholic beverages for on-premises consumption until 7:00 a.m.;
b. lf deemed reasonably necessary by the police chief, or the police
chiefs designee, off-duty police officers must be provided at the alcoholic
beverage establishment until 7:00 a.m.;
c. There are no pending city Code violations against the alcoholic
beverage establishment;
d. No delinquent or past due monies are owed to the city;
e. Outdoor entertainment or open-air entertainment is not allowed;
f. No violation of the city's noise ordinance shall be permitted;
g. No violation of the approved fire code occupancy load shall be
permitted;
h. All required city permits and licenses are current;
i. The State of Florida alcoholic beverage license is current; and
j. Any other conditions required by the city manager in order to protect the
public health, safety, orwelfare.
Alcoholic beverage establishments set forth in subsections (3) and (5)
permitted to remain open to serve alcoholic beverages for on-premises
consumption until 5:00 a.m. may continue to serve alcoholic beverages
until 6:00 a.m. on the first day of daylight savings time in the spring.
337
(8) The city manager may suspend the provisions of subsection (7) at any time to
protect the public health, safety, or welfare.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended, that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in confllct
herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remalnder 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:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
5-t-1 -rt
CityAttorney
,ffi-.__Date
T:\AGENDA\20L4!une\Alcoholic beverages - correct error in 6-3 ORD 2nd rdg.docx
338
l',llAMl HERATD I MidmiHerald.comNE THURSDAY, MAY 29,2014 | llNEMiAMIBEACHCITY OF MIAMI BEACHNOTICE OF PUBLIC HEARINGSFlorida, on W€dnerday, Jun611, m14. to con sidef the iollow ng:10:05 a.m.Da|€- kqutrbs may be dnecbcl lo the C,ry Atlo"l,ey\ Ollice at 305-673-7470.'t&10 a.m.may be dnected to tha City Attorney's At ce at 305-673-747a.10r15 a.m.Codilication And An Etroctive Da\a- ttqrircs nay be diectad lo tha Pbnning Depanment at 3A5-673-755A.1O:20 a.m.The Ciry Of Miarii BeachiProvidifg For Bepeale4 Severabilily: Codilication: And An Eifeci ve Date. /nquties mq be directed to the Phnning Depanment at 305-673-755A.1O:25 a.m.Severability; And An Ellect va Date. hquirbs may be dre.ted to the Phnning Depanment at sqs 673 /550.10:30 a.m.Sev€rabilitr And A. Efleclive Dale.lnquiies may be directed to the Phnning Depaftmohl at 3A5-673-t55A.10:35 a.m.Soverabilit$ And An Eflecr 'le Da\a- lnguinq nay be dnecled to the Plannitu Depanment at 305-673-7550.10:40 a.m.305 673 7511.!1r10 a.m.meeting, or any ilem herein, may be cont nL,ed, and undersuch circumstanccs, additional legal notice need nol be provided,adrnlssion ofotherwise nadrn ssible oranelevant €vid€nce, nor does it authonze challenges or appeals not olheMrse allowed by law.please conlact us l ve days in advarcg at 305-673-741 1(voice) or TTY users may also callth€ Flodda Relay SeNice al 711-Ralael E. Granado, C ty ClelkCily ol Miami Beach339
THIS PAGE INTENTIONALLY LEFT BLANK
340
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T:\AGEN DA\201 4\lltay\Ord nance
COMMISSION ITEM SUMMARY
Agenda rtem RSB
Dare Gll-lq
Condensed Title:
An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entitled "Public Property," By
Amending Article Vi, Entitled "Naming Of Public Facilities And Establishment Of Monuments And
Memorials," By Amending The Definitions ln Section 82-502, Amending The Criteria For The Naming Of
Public Facilities And The Co-Naming Of Streets ln Section 82-503; Amending The Provisions ln Section
82-505 For The Acceptance Of Monetary Donations ln Consideration For The Naming Or Renaming Of
Public Facilities; And Amending Section 82-501 To Cross Reference Amended Subsection 82-503(C);
For Codification:Severabilrtv: And An Effective Date.
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
Item Summary/Recommendation:
At the October 28,2013 Neighborhood/Community Affairs Committee (NCAC) Meeting, the NCAC
discussed a request from the Collins Park Neighborhood Association regarding the co-designation of 21"
Skeet and 22"" Street as Collins Park South and Collins Park North, respectively. lt is worth noting that
21't Street is currently co-designated as Jose Marti Street. This co-designation was approved by th; City
Commission in 1994 (prior to the current code) via Resolution No. 94-2'1216. Currently, Article Vl Section
82-503 of the City code only allows for co-designation of streets in honor of Miami Beach police officers
who died or were killed in the line of duty.
Pursuant to current County code, the following process also must be followed for co-designations of
streets: 1)A five-sevenths (5/7) vote of the City Commission is required,2)A resolution of the City
Commission recommending the co-designation would need to be submitted to Miami-Dade County Public
Works and Waste Management Department for consideration by the Platting and Subdivision Committee;
and 3)The co-designation request would have to be approved by the Miami-Dade County Board of County
Commissioners via a resolution.
At the December 11, 2013 Commission meeting, the Committee approved Resolution 2013-28429,
accepting the recommendation of the Neighborhood/Community Affairs Committee, that the City
Administration develop a criteria for the co-naming of streets.
At the April 23,2014 Commission meeting, the title of the Ordinance was read into the record. A motion
was made for this item to be opened and continued to May 21, 2014. At the May 21,2014 meeting, the title
of the Ordinance was read into the record and approved on First Reading with the following amendments:
. Remove section regarding persons that are deceased or have been alive for over '100 years.. lnclude buildings that have a living historical perspective that would fit into the categories, but are not a
commercial or public facility or a neighborhood; for instance The Women's Club.. Allow for the limitation of areas of streets and portions of streets.r Broaden criteria to give more discretion to remove names in the future.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING,
PUBLIC HEARING
At the NCAC meeting on October 28, 201 3, the Committee passed a motion directing the Administration to
develop specific language and guidelines pertaining to the co-naming of streets and to bring the item to
Commission for consideration of a amendment to the Citv Code.
Financial lnformation :
Source of
Funds
i
Financial
Clerk's Office Tracki
n-Offs:
Department Director Assistant cjfl{p'\eer City ll q-!qger
A1g-{ea ._MrdI,r-r(J JLW
CO-NAMING STREET SIGNS.SU[4]'rARY.doc
AAIAAN IBEACH 341
E MIAMIBEACH
Cily of iliomi Beoch, I 700 Convention Cenler Drive, Miomi Beoch, Florido 33 I 39, www.miomibeochfl,gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 11, 2014
the City
SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE AMENDING GHAPTER 82 OF THE MIAMI BEACH CITY CODE,
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMINGOF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS AND
MEMORIALS,'' BY AMENDING THE DEFINITIONS IN SECTION 82-502, AMENDING
THE CRITERIA FOR THE NAMING OF PUBLIC FAC!LITIES AND THE CO.NAMING OF
STREETS lN SECTION 82-503; AMENDING THE PROVISTONS lN SECTION 82-505
FOR THE ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION FOR THE
NAMING OR RENAMING OF PUBLIC FACILITIES;ANDAMENDING SECTION 82-501
TO CROSS REFERENCE AMENDED SUBSECTION 82-503(C); PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
BACKGROUND
At the October 28,2O13 Neighborhood/CommunityAffairs Committee (NCAC) Meeting, the NCAC
discussed a request from the Collins Park Neighborhood Association regarding the co-designation
of 21'tStreet and22nd StreetasCollinsParkSouthandCollinsParkNorth, respectively. ltGworth
noting that 2lstStreet is currently co-designated as Jose Marti Street. This co-designation was
approved by the City Commission in '1994 (prior to the current code) via Resolution No. 94-21216.
Currently, Article Vl Section 82-503 of the City code only allows for co-designation of streets in
honor of Miami Beach police officers who died or were killed in the line of duty.
Pursuant to current County code, the following process also must be followed for co-designations of
streets:
1. a five-sevenths (5/7) vote of the City Commission is required;
2. a resolution of the City Commission recommending the co-designation would need to be
submitted to Miami-Dade County Public Works and Waste Management Department for
consideration by the Platting and Subdivision Committee; and
3. the co-designation request would have to be approved by the Miami-Dade County Board of
County Commissioners via a resolution.
At the NCAC meeting on October 28, 2013, the Committee passed a motion directing the
Administration to develop specific language and guidelines pertaining to the co-naming of streets
and to bring the item to Commission for consideration of a potential amendment to the City Code.
342
Ordinance - Co-Designation of 21st Street and 22nd Streef as Collins Park South and Collins Park North
June 11,2014
Page 2 of 2
At the December 1 1 , 2013 Commission meeting, the Committee approved Resolution 2013-28429,
accepting the recommendation of the NCAC, that the City Administration develop a criteria for the
co-naming of streets.
At the April 23,2014 Commission meeting, the title of the Ordinance was read into the record. A
motion was made for this item to be opened and continued to May 21 ,2014.
At the May 21 ,2014 meeting, the title of the Ordinance was read into the record and approved on
First Reading with the following amendments:
r Remove section regarding persons that are deceased or have been alive for over 100 years.
r lnclude buildings that have a living historical perspective that would fit into the categories, but are
not a commercial or public facility or a neighborhood; for instance The Women's Club.
r Allow for the limitation of areas of streets and portions of streets.. Broaden criteria to give more discretion to remove names in the future.
GONCLUSION
The Administration recommends approving the Ordinance on Second Reading, Public Hearing
Attachments: Draft Ordinance
IVIT/ETC
T:UGENDAUol4Uune\Ordinance Co-Naming of Streets [/EMO.doc
343
J(,tuJtrIoIUoFOzdI.JJ (L=uIcoOFFurzzotoFlrto344
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
C!ry OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 82 OF THE
MIAMI BEACH CtTy CODE, ENTITLED ,,pUBLlc pROpERTy," By
AMENDING ARTICLE VI, ENTITLED ..NAMING OF PUBLIC
FACILITIES AND ESTABLISHMENT OF MONUMENTS AND
MEMORIALS," BY AMENDING THE DEFINITIONS !N SECTION 82-
502; AMENDING THE CRITERIA FOR THE NAMING OF PUBLIC
FACILITIES AND THE CO-NAMING OF STREETS IN SECTION 82-503;
DELETING THE PROVISIONS IN SECTION 82-505 REGARDING THE
ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION
FOR THE NAMING OR RENAMING OF PUBLIC FACILITIES; AND
AMENDING SECTION 82-501 TO CROSS REFERENCE AMENDED
SUBSEGTION 82-503(C); PROVIDING FoR cODlFlcATlON,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 2013-28429, the Mayor and City Commission
directed the City Administration to develop additional criteria for the co-naming of City streets;
and
WHEREAS, amended criteria for the co-naming of City streets has been developed by
the City Administration and is set forth in this Ordinance, as well as other housekeeping
amendments to the naming provisions for public facilities and amendments that delete the
acceptance of monetary donations in consideration for the naming or renaming of public
facilities.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION I.
That Chapter 82, Section 82-501, of the Miami Beach City Code is hereby amended as
follows:
Chapter 82
PUBLIC PROPERry
ARTICLE VI. NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT
Sec. 82-501. Generally.
OF MONUMENTS OR MEMORIALS
345
(c) Effective upon adoption of this+diela Ordinance No. 2014- , no street
located in the city shall be hereafter named, renamed, or co-named effe+-af,y
, except as provided in Section g+SgaiA)
82-503(c).hereof....
SECTION 2.
That Chapter 82, Section 82-502, of the Miami Beach City Code is hereby amended as
follows:
Sec. 82-502. 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:
Committee means the community affairs committee created by the city commission on March
18, 1998 and as merqedwith the neiqhborhood committee on November25,2003 pursuantto
Resolution No. 2003-25446, or any other such committee designated by the city commission to
review and recommend names for public facilities and the co-naminq of streets, and approve
the establishment of monuments or memorials to be located within or owned by the city.
Memorial means a site, art work or structure created to preserve the memory of a significant
event(s) or person(s).
Monument means a bust, sculpture, or similar structure, erected in honor of a significant
event(s) or person(s).
@
Public facility means any public buildingrflaza or park owned by the city.
Sfreef means that area of a public right-of-way improved, designed, and ordinarily used for
vehicular traffic and/or parking including, without limitation, avenues, roads, drives, lanes,
boulevards, courts, and alleys. For purposes of this article, streets shall only be intended to
include city-owned streets, and not state or countv-owned and/or controlled streets.
sEcTtoN 3.
That Chapter 82, Section 82-503, of the Miami Beach City Code is hereby amended as
follows:
Sec. 82-503. Naming of public facilities; co-naming of streets.
(a) Naminq of an exterior portion of a public facilitv (includino naminq of a park). Whenever a
name is needed for a new public facility, or whenever there is a prepesel request to rename an
existing public facility, within or owned by the city, the naming, or renaming, shall first be
considered and reviewed by the committee according to the following procedures:
346
(1) Any person, organization, association, corporation or other entity, including a member of
the city commission or the administration of the city, may propose a name for a new
public facility, or may propose renaming an existing public facility, at any time by
submitting a the proposed name in writing (the proposal) to the committee.
(2) Within a reasonable time after receipt of the proposal, the committee shall meet to
consider and review the naming, or renaming, of the public facility. Notice of
the meeting shall be given to all persons who have proposed the names. or rena11q for
the public facility.
(3) After reviewing the proposal iffitablished seleetien eriteria, the
committee shall transmit its recommendation to the city commission regarding
the proposal
the €emmittee.
(a)
@iviRg fe+sens cnless sueh Bersens are ever 100 years ef
age; er, fer living Bersens under 100 years ef age, un{ess the naming er renaming is (i)
appreved by a m4erity ef the members ef the eemmittee; (ii) appreved by the eitysemmis$i referendum
at the next regularly sehedsled eleeti{en and aBBreved by a m4erity ef the eleeterate
veting in sueh referendum; er unless the naming er renaming i+ in exehange fer a
menetary denatien pursuant te seetien 82 595 herein; hewever, this previsien shall net
named prier te June 29, 1991,
{5) Within a reasonable time after receiving the recommendation from the committee on the
oroposal for the naming or renaming, the city commission shall call a public hearing.
lQ$) Notice of the public hearing regarding the naming or renaming of the public facility,
shall be published at least ten (10) days prior to the hearing in a newspaper of general
circulation in the city.
(6) Anv proposed naminq. or re-naminq of a public facilitv approved bv the citv commission
must be aporoved bv a 5/7ths vote. and must be submitted to the electorate of the citv
bv referendum at the next reoularly scheduled election. The name shall be approved bv
a maioritv of the electorate votinq in the referendum.
(l) Notwithstandinq anv other provision of this section, public facilities shall not be named,
or renamed, for livinq persons. unless such persons are over 100 vears of aoe: or, for
livinq persons under 100 vears of aqe, unless the namino or renamino is (i) approved bv
a maioritv of the members of the committee: (ii) approved bv the citv commission bv a
5/7ths vote: and (iii) submitted to the electorate of the citv bv referendum at the next
reqularlv scheduled election and approved bv a maioritv of the electorate voting in such
referendum; er unlesg the nam i€n
@in= However. thls provision shall not applv to public
facllities named or renamed prior to June 29, 1991.
(9) Notwithstandinq anv other provision of this section. the referendum reouirements of this
section shall not aoplv where a public facilitv is to be named or renamed solelv for the
name of the citv, the qeoqraphic area or ohvsical location of the facilitv andior the street
347
or portion of the street where the facilitv is located. the function of the facilitv. or the
current name of the facilitv.
(b) Namino of ilnterior portion(s) of a public facility (includinq naminq of interior portion(s) of a
park) €+flaza.
('1) Where the an interior portion of a public facility, (includinq the naminq of an interior
portion of a oark or the namlnq of an interior portion of a buildinq located within a park)
e+-+rnerc-e-pteze is to be named, or renamed. the procedures in section 82-503(aX1)
throuqh (5) shall applv.
Ia eAt the close of the public hearing, the city commission may approve the proposed name
fe+, or ethenedse rename fsl' the subject interior portion of the public facility--cr-ct-+le
plaza bv a 5/7ths vote. ln seleeting the name' the eity eemmissien shall be geverned by
Its established sel
@
(e) Exterier pertien(s) ef a publie faeility er park,
(1) Where an exterier pertien(s) ef a publie faeility, er where a sark is te be named, the eity
eemmissien may enly eeneider a name appreved by a m4erity ef the members ef the
eemmittee,
i.ve-
e eity by+eferendum at the
ner* regularly seheduled eleetien, The name seleetien shall be appreved by a m4erity
ef the eleeterate veting in the referendum, Netwithstanding any ether previsien ef this
artiele; the referendum requirements ef this seetien shall net apBly where any eity ewned
faeility; net already named fer an individual er individuals pursuant ts eubseetien 82 503
the faeility and/er the street where the faeility is leeated, the funetien ef the faeility, er the
@
(CXs) Co-naming of streets or portions thereof.
(1) Streets, or portions thereof, located in the city may be co-named in honor of (.;) Miami
Beach police officers who died or were killed in the line of duty;_lljlether-persens-whe
to be co-named. (iii) private not-for-profit orqanizations with significant historic value to
the CitV and associated with a structure located on the street, or oortion thereof. to be
co-named: (iv) qeosraphic areas within the Citv: or (v) a eommercial establishment that
has been in business in the Citv of Miami Beach for 100 or more vears and which is
located on the street to be co-named. The provisions in this subsection 82-503(c)(1)
shall not applv to streets named or co-named prior to June 21. 2014.
(2) Whenever a request anah+-preposa+ is made to co-name a street, efr€i.-a-M+am+€€a€h
the co-naming shall first be
considered and reviewed by the committee according to the following procedures:
a. Any person, organization, association, corporation or other entity, including a
member of the city, may propose that a street be co-named, if,-h€f,€+-ela-Miami
by submitting the
348
b.
pr€p€se+€f,dler request in writing to the committee. At a minimum, such preBesal
anClsr request shall include the following:
1. The street. or portion thereof. to be co-named: andL! The proposed co-name of the effee+ street, or portion thereof: andz@
3. The reason for the reques[ and
4. lf the proposed co-naminq is requested pursuant to subsection 82-
503(cX1Xi), a factual summary including the date and circumstances under
which the officer died or was killed in the line of duty=; ang[5. lf the proposed co-naminq is requested oursuant to subsection 82-
503(c)(1XiD(iii). a factual summarv confirminq the @
6ity sioniiicant nlsto
associated structure, to the Citv: and
6. lf the proposed co-naminq is requested pursuant to subsection 82-
503(cXlXv). a factual summary confirminq the commercial establishment's
contribution to the City.
Wthin a reasonable time after receipt of the prepesal-andle+ request, the
committee shall meet to consider and review same. Notice of the meeting shall
be given to the person and/or organization that made the request andlerr
€ubm$eC-{he+fopes€l
After reviewing the preBe€affir request, the committee shall transmit a
u+it{en its recommendation to the city commission regarding the prepesafandler
request i The committee's recommendation reouires a simple maioritv vote
unless the Ge namin
+u*es--e
Sy+h€-€em
Within a reasonable time after receiving the recommendation from the
committee, the commission shall call a public hearing regardlng the co-namlng.
Notice of the public hearing shall be published at least ten (10) days prior to the
hearing in a newspaper of general circulation in the city.
At the close of the public hearing, the city commission may approve the prepesal
aRdle+ request. Any prepesal-andle+ request to co-name a street or portion
thereof pursuant to this subsection 82-503(CX9) must be approved by a five-
€€rr€f,+hs 5/7th vote of the city commission.
Anv person. not-for-profit orqanization, or commercial establishment to be
recoonized bv the co-namino of a street, or portion thereof. must be in qood
standinq in the communitv at the time of final approval of same bv the city
commission and if, after the street is co-named, the person recoonized, or the
principal(s) of the not-for-profit commercial establishment recoqnized are
subsequentlv convicted or adiudicated quilty of a felonv, the co-name ef_{he
persen-e+-eemmereial-establishment shall be removed from the street siqn. ln
addition, the Citv Commission mav approve the removal of the co-name of a
street at a oublic hearino if said oerson. not-for-profit orqanization. or commercial
establishment is no lonqer in qood standino in the communitv. ln €s€h either
d.
e.
349
case, neither the citv, nor anv of its officers. emplovees, contractors, or aqents,
shall have anv liabilitv to the person. not-for-profit orqanization, or commercial
establishment recoqnized bv the co-naminq of the street or to the principal(s) of
such not-for-profit orqanization or commercial establishment (includinq. without
limitation. if such person or principal(s) ffi are
deceased. his/her heirs. relatives. successors. or assions). and/or anv other
partv(ies). for anv costs or claims resultinq from such removal (and includinq,
without limitation, reimbursement of anv costs incurred for desiqn. fabrication.
installation, and/or maintenance of the street sion, if applicable).
sEcTtoN 4.
That Chapter 82, Section 82-505, of the Miami Beach City Code is hereby deleted as
follows:
if,g €r
@
(a) Whenever there is a prepesal te name er rename a new er existing publie faeility, er
interier pertien ef a publie faeility; within er ewned by the eity, in eensideratien fer
the eemmittee aeeerding te the fellewing preoeduree;
menetary denatien in eensideratien fer naming er renaming a new er existing
@
(2) Within a reasenable time after re€eipt ef the BreBesal; the cemmittee shal.l meet
te eensider and review same, Netiee ef the meeting shall be given te all persens
@
(3) After reviewing the prepesal in aeeerdanee with its established sele€tien eriteria,
the eemmittee shall transmit a written reeemmendatien te the eity eemmissien
regarding+he+{€p€€et
(1) Within a reasenable time after reeeiving the prepesal frem the eemmittee, the eity
@in+
(5) Netiee ef a publie hearing regarding the prepesal shall be published at least ten
(6) At the elese ef the publie hea{ing; the eity eemmissien may appreve the prepesed
name, The naming ef the interier pertien ef a publie faeility, er e+a plaza, shall
.
(7) Where the exterier pertien(s) ef a publie faeility, er e park, is te be named, suefr
++ne+ity-eemmesren=
350
(8) Publie faeilities may be named er renamed after an individual, living er deceased,
eFfi-h€n€r-ot€Je#$r.
(9) A publie faeility will net be named er renamed after an individual whe has
dena{ien
(10) Referendurn requirements shall net appltste this seetien,
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY.
lf 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 ol 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
ATTEST:
day of 2014.
PHILIP LEVINE, MAYOR
RAFAEL E. GMNADO, CITY CLERK
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
Stri*e+n+eugh denotes deletions
APPROVEDASTO
FORM &LANGUAGE
& FOR EXECUTION
F:\ATTO\TURN\ORDIIIANC\Co-Naming Ordinance - June 2014.docx
351
MIAMI HERATD I lliamiHerald.comNE THURSDAY, MAY 29,2014 j ltNEAAIAAAIBNACHCITY OF MIAMI BEACHNOTICE OF PUBLIC HEARINGSFlon.ia, on WedneEday, Juno 11,2014. i6 conslderthe followino:1O:05 a.m.Daf3- lnqunes may be drcctad 1o tha City Atomey's Ofiice at 305-673-7420.1010 a.m.may be diected to the Cly Attomoy\ Ollice at sas 673 747010:15 a.m.Codilical on And An Eiiedi\@ Oale.lnqunies nay bedirccted to the Plah^iog Depaftment a! 3A5-6t3-tS5O,t0:20 a.m"1O:25 a.m.Sevsrabr[y And An Ettecti\o Date. l qui.bs ma/ be dirccted to the Phnntnq Depanment at 3A5-673-7550_'10:30..m.Severab lityi And An Etf6ctivo Dale. hqukis may b€ dnecbd to the Planning DapatTmeot at sos 67s tsso.10:35 a.m,Severab I tyi And An Efi6.lve Date. lnquiies may be dnected to the Plannkg Depadment at 305-673-7550.305-673.751 411:10 a.m.me€ting, or any ilem herein, may be conlinued and under such cncumslan@s, addit onal legal notice need nol be provided.admission ol othe iss inadmissible oriftelevant eviclence, nor does it aulhonze chall€ng€s or appeals nol olherwlse allowsd by law.p easo contact us ilve days in advanco at 305-673-741 1(voice) or T_fY users may also callthe flonda nelay Service at 711.aahe! E. GEnado, City clerkCity ol M amiBeach352
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to modify the definition of floor area.
lntended Outcome Su rted:
AGEHDA ITEllI RSC
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to requlate development is "about the riqht amount."
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would modify the definition of floor area, by modifying the exemptions
allowed for floor area located below grade, by requiring that if any portion of the top of the slab of the
ceiling is above grade, the floor area that is below grade shall be included in the floor area ratio
calculation.
On May 21,2014, the City Commission approved the Ordinance at First Reading and scheduled a
Second Reading Public Hearing for June 11,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On March 25,2014, the Planning Board recommended approval of the subject Ordinance by a vote
of5to0.
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln 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{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
islative Trackin
Thomas Mooney
T:lqcENDA\2014Uune\8elow Grade Floor Area - SUM 2nd Read.docx
E MIAMIBEACH DATE353
g MIAMIBEACH
City of Miomi Beqch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: June 11, 2014
SUBIECT: Below Grade Floor Area
the City pommission
SE D READING - PUBLIC HEARING
AN ORDINANGE 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 114,..GENERAL PROVISIONS," BY AMENDING THE DEFINITION OF
FLOOR AREA; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BAGKGROUND
On December 11, 2013, the City Commission referred the item to the Planning Board.
Section 114-1 ol the Land Development Regulations of the City Code currently defines
floor area as the sum of the gross horizontal areas of the floors of a building or buildings,
measured from the exterior faces of exterior walls or from the exterior face of an
architectural projection, from the centerline of walls separating two attached buildings.
This is an important concept, as it is then used to determine floor area ratio (FAR), which
governs how much floor area is permitted for a development, and which controls how
much mass and bulk proposed new buildings may contain.
The Code's definition for floor area of a building contains cerlain specified exemptions,
such as enclosed garbage rooms, mechanical equipment rooms located on the roof,
water tanks or cooling towers, uncovered steps, attic spaces, terraces, breezeways, or
open porches, exterior unenclosed private balconies and required parking areas.
Another exemption from the definition in this section is for "floor area located below
grade." This means that if an area is completely underground, it does not count towards
floor area. This section continues, "if the ceiling is above grade, one-half of the floor
area that is below grade shall be included in the floor area ratio calculation."
ANALYSIS
Several recently approved projects have been permitted where the first floor slab is only
a few inches below grade elevation, which is defined as the city sidewalk elevation at the
centerline of the property. The code currently allows % of the entire floor area to be
exempted from the floor area ratio (F.A.R.) calculations regardless of how far below
grade the floor slab is located. The result is that although 99% of the mass of the first
floor may be above grade, only 50% is counted towards the F.A.R. of the building.
354
Commission Memorandum
Below Grade Floor Area
,l nc 11 2014 Pane ? ^f 2
The current language of the Code does not clearly define how far below grade a floor
must be to qualify for the 'one-half exception. Furthermore, the full exception does not
clearly state the floor must be completely below grade to exclude the entire floor area,
which is the intent of the exception.
ln light of the significant challenges that the City faces regarding sea level rise, flooding
and water retention, staff has concluded that it no longer makes sense to encourage or
incentivize the construction of floor area below grade. Therefore, the Administration
recommends that the proposed ordinance eliminate any benefit or bonus for those
portions of a structure proposed to be located partially below grade.
PLANNING BOARD REVIEW
On March 25, 2014, the Planning Board recommended approval of the subject
Ordinance by a vote of 5 to 0.
The Board also discussed the possibility of allowing floors located partially below grade
to receive some form of credit, whereby in order to qualify for a 50Yo discount of floor
area, the finished floor must be located at least four feet (4') below grade. However the
Board adopted the Ordinance as drafted without the inclusion of this 50% discount.
FISCAL IMPACT
ln 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
When a first floor slab is located below grade, the code currently allows % of the entire
floor area to be exempted from the floor area ratio (F.A.R.) calculations regardless of
how far below grade the floor slab is located. This is problematic considering the
significant challenges that the City faces regarding sea level rise because it actually
encourages retail development on the ground floor of buildings to be placed a few inches
below grade in order to gain this "FAR bonus". The proposed Ordinance would eliminate
any benefit or bonus for those portions of a structure proposed to be located partially
below grade.
The subject Ordinance was approved at First Reading on May 21 ,2014.
CONGLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB
T:\AGENDA\2o14Uune\Below Grade Floor Area - MEM 2nd Read.docx
355
BELOW GRADE FLOOR AREA
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 114,..GENERAL PROVISIONS," BY AMENDING THE DEFINITION OF
FLOOR AREA; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFEGTIVE DATE.
WHEREAS, the City Code provides for the regulatlon of Floor Area, Including
definitions and exclusions; and
WHEREAS, the City desires to more accurately measure the scale and massing
of development; and
WHEREAS, it is appropriate to update the definitions in the Land Development
Regulations; and
WHEREAS, changing the definitions is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SEGTION 1. City Code Chapter 114, "General Provisions," is hereby amended as
follows:
Sec. 114-1. Definition.
The following words, terms and phrases when used in this subpart B, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Floor area means the sum of the gross horizontal areas of the floors of a building or
buildings, measured from the exterior faces of exterlor walls or from the exterior face of
an architectural projection, from the centerline of walls separating two attached
buildings. However, the floor area of a building shall not include the following unless
otheruise provided for in these land development regulations.
(1) Accessory water tanks or cooling towers.
(2) Uncovered steps.
(3) Attic space, whether or not a floor actually has been laid, providing structural
headroom of less than seven feet six inches.
(4) Terraces, breezeways, or open porches.
(5) Floor space used for required accessory off-street parking spaces. However, up to a
maximum of two spaces per residential unit may be provided without being included in
the calculation of the floor area ratio.
(6) Commercial parking garages and noncommercial parking garages when such
structures are the main use on a site.
(7) Mechanical equipment rooms located above main roof deck.
(8) Exterior unenclosed private balconies.
(9) Floor area located below grade when the top of the slab of the ceilino is located at or
below qrade.'-lqeweve+ However. if anv portion of the top of the slab of the ceiling is
above grade, one.ha+f-e{ the floor area that is below grade shall be included in the floor
area ratio calculation.
356
(10) Enclosed garbage rooms, enclosed within the building on the ground floor level.
Volumetric buildings, used for storage, where there are no interior floors, the floor area
shall be calculated as if there was a floor for every eight feet of height.
When transfer of development rights are involved, see chapter 118, article V for
additional regulations that address floor area.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. Severability.
lf 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
FORM AND LANGUAGE
,-----\ /r\ & FOR EXECUTION
M r\rz(rk
ffi-citY
AttorneY
First Reading: May 21, 2014
Second Reading: June 11, 2014
Verified by:
Thomas R. Mooney, AICP
Acting Planning Director
T:\AGENDA\2014\May\Below Grade Floor Area - ORO First Read.docx
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357
MlA lHERATD I MidmiHerald.comNE THURSDAY, MAY 29,20]4 I TNE(MIAMIMEACHCITY OF MIAMI BEACHNOTICE OF PUBLIC HEARINGSFloida, on Wedn€sday, June 11, 2014, to consider rheiottow nolOOS a.m.Lrale- lnquities flray be diacled to the City Ataney's Ottice at 305-67J-14/O1O:10 a.m.may be directed to the CitvAtto.nev's afliceat 3A5-673,7470.l0:15 a.m.Codilicaiion And An Efiecflva Date. lnquibs may be diected to the ptanning Der\.ttnsnt at 3OS 623 7sso.l0:20 a.m.lO:25 r.m.Sev€rability fud An Etfecllve Dar6. /nquliq'ss may be d irected to the Ptan nry thpad entat3A5 673 7550_10130 a.m.Severab ltyi And An Effacti)e Date. lnqui ies nay bo dnecbd to thB Plannng Depanm.n! at 305.673-7550.1O:35 E.m.Soverabiliiyr And An Etf€cii\re Date. lhquiies may be diracted to the Ptannng Depanmd at 3Oi 673 /S5O1O:40 a.m.:105-673 7514meeting. oraoy item here n, may be continued, and under such crrcumslances, addilonat tegat nolicened not be p.ovided.admiss on ol otheMse inadnriss ble or irrelevant evadenco, nor does il authorize challenges or appeals nol othenv se allowod by lawp ease contacl us 1!e days n adva.ce at 305-673 7411{vore) .rr TTY userji,nay al$ calllhc Fk{i(]a Relay Seruice at 711.Rarael E. Granado, Cny CleriCily ol M an'iBoach358
COMMISSION ITEM SUMMARY
lntended Outcome Su
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, elc 48% of residential respondents and 55% of
businesses rate the etfort out forth bv the Citv to reoulate is "about the rioht amount."
Condensed Title:
Second Reading to consider an Ordinance Amendment to clarify the definition of a Bed and Breakfast
ln n.
AGENDA rrem flS D
Item Summary/Recommendation:
The proposed Ordinance would modify the definition of a bed and breakfast lnn by clarifying that the
eligible structure must have originally been constructed as a single family home and is not licensed as
an apartment.
On May 21,2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for June 11,2014.
The Administration recommends that the City Commission adopt the Ordinance.
Recommendation:
Financial lnformation:
On February 25, 2014, the Planning Board recommended approval of the subject Ordinance by a
vote of 7 to 0.
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
islative Trackin
Thomas Mooney
T:\AGENDA\2014uune\Bed & Breakfast Criteria - SUM 2nd Read.docx
E MIAMIBEACH oerc b-ll-lV359
g MIAMI BEACH
City of Micmi Beoch, 1700 Convenlion Center Drive, Miom Beoch, Florido 331 39, www. miomibeochl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUB.IECT: Bed & Breakfast Criteria
READING - PUBLIC HEARING
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 V "SPECIALIZED USE REGULATIONS,'' DIVISION 7 "BED AND
BREAKFAST INNS,'' SECTION 142-1401, "CONDITIONS FOR BED AND
BREAKFAST INNS,'' TO ADDRESS AND CLARIFY THE ELIGIBILITY FOR
CONTR]BUTING BUILDINGS IN HISTORIC DISTRICTS TO BE
CONVERTED TO BED & BREAKFAST INNS WITHIN THE CITY OF MIAMI
BEAGH; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFEGTIVE DATE.
ADMINISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On March 13, 2013, the City Commission referred a discussion item to the Land Use
and Development Committee (LUDC), regarding a proposed amendment to clarify the
eligibility for contributing buildings in historic districts to be converted to Bed & Breakfast
ln ns.
On July 22, 2013, the LUDC referred to the Planning Board an ordinance to clarify the
eligibility for contributing buildings in historic districts to be converted to Bed & Breakfast
lnns, by requiring that the existing structure shall not have originally been constructed as
an apartment building.
ANALYSIS
Bed and breakfast inn is defined as a historic structure originally built as a single-family
residence, which is owner occupied and operated to provide guest rooms with breakfast
and/or dinner included as part of the room rate. Section 142-1401 of the Land
Development Regulations of the City Code details the conditions for permitting Bed and
Breakfast lnns. The original rationale for the adoption of these Bed and Breakfast lnn
regulations was to encourage the adaptive reuse of single family structures in newly
created local historic districts, such as the Flamingo Park neighborhood. Since
demolition of structures would be unlikely to be permitted, Bed and Breakfast lnns were
seen as an alternative that could provide an economically viable use of these structures.
To date, a small number of Bed and Breakfast lnns have been created under this
provision.
City C/mmission--v
360
Commission Memorandum
Bed & Breakfast Criteia
.ltna 11 2n14 Panp 2 dl 2
On December 8, 2010, the City Commission adopted an amendment to the Bed &
BreaKast regulations, modifying them to permit non-residential structures within historic
districts to be converted to bed and breakfast inns under specified conditions. This was
primarily designed to permit "The Temple House", a former synagogue building located
at 1415 Euclid Avenue to become a bed and breakfast and have accessory commercial
uses. Unfortunately, after the amendment was adopted it was found to contain language
that inadvertently permitted apartment buildings that had been converted to single family
usage to then be conve(ed to transient use, which is contrary to the intention of the
original ordinance. The amendment set forth in the Ordinance is necessary to clarify the
eligibility for Bed and Breakfast lnns to correct this oversight.
PLANNING BOARD REVIEW
On February 25,2014, the Planning Board recommended approval of the Ordinance by
a vote of 7 to 0.
FISGAL IMPACT
ln 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 original intention of the Bed and Breakfast lnn regulations was to allow the adaptive
reuse of single family structures in newly created local historic districts, which could
provide an economically viable use of these structures. ln 2010 the City Commission
adopted an amendment which inadvertently permitted an avenue for an apartment
building to be converted to a Bed & Breakfast lnn, by first converting to a single family
home, contrary to the original intention. This Ordinance clarifies the eligibility
requirements for a Bed & Breakfast lnn by requiring that such structure have been
originally constructed as a single family residence and is not classified as an apartment
building.
On May 21 ,2014, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB
T:\AGENDA\2014Uune\Bed & Breakfast Criteria - MEM 2nd Read.docx
361
Bed and Breakfast lnns
ORDINANCE NO.
AN ORDINANGE 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 DISTRICTSAND REGULATIONS" ARTICLE V "SPECIALIZED USE
REGULAT|ONS," DIV|SION 7 "BED AND BREAKFAST |NNS,"
SECTION 142.1401, ..CONDITIONS FOR BED AND BREAKFAST
INNS,'' TO ADDRESS AND CLARIFY THE ELIGlBILITY FOR
CONTRIBUTING BUILD!NGS IN HISTORIC DISTRICTS TO BE
CONVERTED TO BED & BREAKFAST INNS WITHIN THE CITY OF
MIAMI BEAGH; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for permitting bed and breakfast
inns, and
WHEREAS, these provisions are limited and targeted at preserving historic
buildings while permitting single family homes in historic districts to have options for
such usage in order to incentivize their restoration; and
WHEREAS, in 2010 the Bed and Breakfast ordinance was amended to permit
limited accessory assembly use in very limited cases; and
WHEREAS, after the amendment was adopted it was found to contain language
that inadvertently permitted apartment buildings that had been converted to single family
usage to then be converted to transient use, which is contrary to the intention of the
original ordinance; and
WHEREAS, the amendment set forth below is necessary to clarify the eligibility
for Bed and Breakfast lnns to correct this oversight;
NOW THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF M]AMI BEACH, FLORIDA.
SECTION 1. The Land Development Regulations Of The Code Of The City Of Miami
Beach, is hereby amended by amending Chapter 142, "Zoning Districts And
Regulations," Article V "Specialized Use Regulations,' Division 7 "Bed And Breakfast
lnns," Section 142-1401, "Conditions For Bed And Breakfast lnns," as follows:
Sec. 142-1401. Gonditions for bed and breakfast inns.
Bed and breakfast inns are permitted with the following conditions:
(1) The use shall be situated in a contributing building and located in a locally
designated historic preservation district. The use may also be situated in a
noncontributing building if it is restored to its original historic appearance and re-
categorized as "contributing. "
362
(2) The owner of the bed and breakfast inn shall permanently reside in the structure.(3) a. The structure shall have originally been constructed as a single-family
I ,"sidence; e+ sldb. The existing structure is not classified by the city as an apartment
building as defined in section 114-1 of the City Code.
The structure may have original auxiliary structures such as a detached
garage or servant's residence, but shall not have noncontributing
multifamily or commercial auxiliary structures.(4) The structure shall maintain public rooms (living room/dining room) for use of the
guests.(5) The size and number of guestrooms in a bed and breakfast inn shall conform to
the following:a. The structure shall be allowed to maintain (or restore) the original number
and size of bedrooms which, with the exception of rooms occupied by the
owner, may be rented to guests.b. Historic auxiliary structures, such as detached garages and servants'
residences, may be converted to guestrooms. New bedrooms constructed
shall have a minimum size of 200 square feet and shall have a private
bathroom.c. Architecturally compatible additions not exceeding 25 percent of the floor
area of the historic building shall be permitted to accommodate
emergency stairs, other fire safety requirements, and new bathrooms.
Additions shall be consistent with required setbacks and shall not be
located on primary or highly visible elevations.d. lf there is evidence of interior alterations and original building plans are
not available, the guestrooms shall be restored to the probable size and
configuration as proposed by a preservation architect and subject to
approval by the historic preservation/design review board.(6) There shall be no cooking facilities/equipment in guestrooms. One small
refrigerator with maximum capacity of five cubic feet shall be permitted in each
guestroom. All cooking equipment which may exist shall be removed from the
structure with the exception of the single main kitchen of the house.(7) The bed and breakfast inn may serve breakfast and/or dinner to registered
guests only. No other meals shall be provided. The room rate shall be inclusive
of meal(s) if they are to be made available; there shall be no additional charge for
any meal. Permitted meals may be served in common rooms, guestrooms or on
outside terraces (see subsection 142-1401(9)). The meal service is not
considered an accessory use and is not entitled to an outside sign.(8) Permitted meals may be served in areas outside of the building under the
following conditions:a. Existing paved patios shall be restored but not enlarged. lf no paved
surface exists, one consistent with neighboring properties may be installed.b. The area shall be landscaped and reviewed under the design review
process. Landscape design shall effectively buffer the outdoor area used
for meals from adjacent properties.
c. Any meal served outdoors shall be carried out from inside facilities.
Outdoor cooking, food preparation, and/or serving/buffet tables are
prohibited.(9) Notwithstanding subsections (7) and (8) above, bed and breakfast inns that have
had historic assembly use prior to December 18, 2010, for which documentation
is accepted and confirmed by the planning director or designee, may be
363
permitted to have limited nonentertainment assembly uses (including, but not
limited to: art exhibits, corporate seminars, educational lectures and
presentations)-i,e. and similar assembly uses without entertainment as defined
in section 142-1361\, if approved by the planning board as a conditional use,
subject to the following limitations:a. The assembly uses shall consist of private events by invitation only, not
open to members of the general public;
b. The assembly events shall end no later than 11:30 p.m.;c. lnvitations to assembly events must indicate that no street parking is
available for the events, and direct guests to city parking lots or licensed
private parking lots, andd. No deliveries to the bed and breaKast inn shall occur before 9:00 a.m., or
after 5:00 p.m. during weekdays, and before 10:00 a.m., or after 3:00
p.m., during weekends.e. No speakers shall be permitted in outdoor areas.(10) The entire building shall be substantially rehabilitated and conform to the South
Florida Building Code, property maintenance standards, the fire prevention and
life safety code and the U.S. Secretary of the lnterior's Standards for
Rehabilitation of Historic Buildings, as amended. ln addition, the entire main
structure shall have central air conditioning and any habitable portion of
auxiliary structures shall have air conditioning units.(11) Building identification sign for a bed and breakfast inn shall be the same as
allowed for an apartment building in the zoning district in which it is located.(12) The maximum amount of time that any person other than the owner may stay in
a bed and breakfast inn during a one-year period shall not exceed three months.(13) The required off-street parking for a licensed bed and breakfast inn shall be the
same as for a single-family residence. There shall be no designated loading
zones on any public right-of-way and required parking spaces shall not be
constructed on swales, public easements or rights-of-way.
Section 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
Section 3. Codification.
It is the intention of the City Commission, and it is hereby ordained, that the provisions
of this Ordinance shall become and be made part of the Code of the City of Miami
Beach, as amended; that the sections of this Ordinance may be re-numbered or re-
lettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
Section 4. Severability.
lf 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.
364
ATTEST:
PASSED and ADOPTED this _ day of 2014.
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
?,.,)...-0o,\--- ur, rr,*
City Attorney a1 I ' Datem-
CITY CLERK
First Reading: May 21 ,2014
Second Reading: June 11,2014
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+i*e+nreugh = deleted language
T:\AGENDA\2014\May\Bed & Breakfast Criteria - ORD First Read.docx
4
365
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COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading to consider an Ordinance Amendment pertaining to parking requirements for
Contributinq Structures within North Beach National Reqister Districts.
lntended Outcome Su
Clerk's Office lative Tracki
n-Offs:
T:\AGENDA\2014Uune\N Beach Parking - SUM 2nd Read.docx
AGENDA rrem RS E
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o residential respondents and 55%
businesses rate the effort Dut forth bv the is "about the rioht amount."
Item Summary/Recommendation:
SECOND READING - PUBLIC HEARING
The proposed Ordinance would eliminate the off-street parking requirements for certain types of
additions to 'Contributing' buildings in the National Register Diskicts, as well as extend the parking
impact fee applicability currently in place for Local Historic Districts to the National Register Districts in
North Beach.
On May 21, 2014, the City Commission: 1) accepted the recommendation of the Land Use
Development Committee via separate motion; and 2) approved the Ordinance at First Reading
scheduled a Second Reading Public Hearing for June 11,2014.
The Administration recommends that the City Commission Adopt the Ordinance.
and
and
On February 25, 2014, the Planning Board recommended approval of the subject Ordinance by a
vote of 7 to 0.
Financial lnformation:
Source of
Fu nds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm 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.
Thomas Mooney
E MIAMIBEACH oew Cr-ll-lt{367
E MIAMIBEACH
City of ltiomi Beoch, I 700 Convention Center Drlve, Miomi Beoch, Flondo 3 3 I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: June 11,20'14
SLIB.JECT: North Beach National Register Parking Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MtAMt BEACH, FLORIDA, BY AMENDTNG CHAPTER 130, "OFF-STREET
PARKING," ARTIGLE ll, "DISTRICTS; REQUIREMENTS," SECTION 130-32,.,OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO.
{,,, BY ADDING NEW PARKING REGULATIONS FOR APARTMENT AND
APARTMENT-HOTEL BUILDINGS IN PARKING DISTRICT NO.1,
INCLUDING A REDUCTION IN OFF-STREET PARKING REQUIREMENTS
FOR CONTRIBUTING BUILDINGS IN NATIONAL REGISTER HISTORIC
DISTRIGTS; BY AMENDING SECTION 130-33, "OFF-STREET PARKING
REQUIREMENTS FOR PARKING DISTRICTS NO. 2, 3, 4 AND 5" BY
ADDING NEW PARKING REGULATIONS FOR APARTMENT AND
APARTMENT-HOTEL BUILDINGS IN PARKING DISTRICT NO. 4,
INCLUDING A REDUCTION IN OFF-STREET PARKING REQUIREMENTS
FOR CONTRIBUTING BUILDINGS IN NATIONAL REGISTER HISTORIG
DISTRICTS; BY AMENDING CHAPTER 130, "OFF-STREET PARKING,"
ARTIGLE V, "FEE IN LIEU OF PARKING PROGRAM", SEGTION 130-131..GENERALLY", BY CREATING A NEW PARKING IMPAGT FEE
CATEGORY FOR ADDITIONS TO CONTRIBUTING BUILDINGS IN
NATIONAL REGISTER HISTORIC DISTRICTS; PROVIDING FOR
CODIFIGATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On October 30, 2012, the Planning Board held a workshop discussion regarding
potential initiatives for the North Beach area. At the conclusion of the discussion, the
Planning Board recommended that the City Commission:
1. Amend the Parking Ordinance to allow additions to contributing buildings in
National Register districts to pay a one-time parking impact fee in the same
manner as Local Historic Districts; and
2. Amend the Parking Ordinance to reduce parking requirements for additions to
'Contributing' buildings in National Register historic districts.
SECOND READING - PUBL]C HEARING
368
Commission Memorandum
Nofth Beach Parking
June 11, 2014 Page 2 of 4
On Novembet 12, 2012, the City Commission referred a discussion item pertaining to
these parking issues to the Land Use and Development Committee. On April 23, 2013,
the Land Use Committee discussed the above noted items and directed staff to present
these initiatives to the Transportation and Parking Committee (TPC) for their input.
On May 6, 2013, the TPC reviewed the proposed parking ordinance for the National
Register areas of North Beach. The TPC endorsed the concept behind the Ordinance,
but stressed that it should not be applicable to those areas outside the boundaries of the
National Register Districts, including the area of 'Biscayne Beach'.
On October 23, 2013, the Land Use and Development Committee recommended that
the subject Ordinance be referred to the Planning Board. On December'1 1,2013, the
City Commission referred the item to the Planning Board.
ANALYSIS
The subject Ordinance proposes to modify 2 separate sections of Chapter 130 of the
City Code, pertaining to Off-Street parking. The first section addresses parking
requirements for additions to contributing buildings located in National Register Districts
in North Beach, and the second part proposes to expand the parking impact fee program
to No(h Beach National Register Districts. The following is a summary of each section of
the proposed Ordinance:
Parkino Requirement for Additions to Contributinq Buildinqs
Many of the contributing (historic) apartment buildings in the National Register Historic
Districts in North Beach are built at slightly less than the maximum floor area allowed by
the existing zoning (generally RM-1, FAR 1.25). When owners considerthe options of
preservation vs. new construction, they generally seek to optimize the floor area and
number of dwelling units or hotel rooms. lf they are inclined toward preservation, the
parking requirement for additional units may be an obstacle, even with the ability to pay
a fee in lieu of parking, as recommended below.
Therefore, as a further incentive to preserve historic buildings in the National Register
Districts in North Beach, the proposed Ordinance would allow small additions to be
made with no parking requirement. Specifically, there would be no parking requirement
for the existing structure and any addition, whether attached or detached, up to a
maximum of 2,500 square feet. This incentive would only apply to an existing apa(ment
and apartment-hotel building that is being substantially retained, preserved and restored;
additionally, the existing building must be classified as 'Contributing', and located within
a National Register historic district.
Parkinq lmpact Fees
Currently, the City Code allows payment of a fee in lieu of providing parking when
additions, alterations or change of use result in an increased parking requirement, but
only in the architectural district or locally designated historic districts. The proposed
Ordinance would extend this same benefit to contributing buildings located in the North
Beach National Register Historic Districts. The intent is to provide an incentive to
preserve and rehabilitate historic MiMo buildings in North Beach, which currently has two
National Register districts: North Shore and Normandy lsles. This would benefit
development involving a change of use, alteration, rehabilitation or addition of a sidewalk
cafe (options for one{ime fee or yearly fee) and development with construction of
additional square footage (one-time fee only). lt should apply to both commercial and
residential buildings provided that they are identified as "contributing" by the National
Register, and provided that the existing contributing structure is substantially retained,
preserved and restored.
369
Commission Memorandum
Nofih Beach Parking
.htnc 11 2O14 Paop 1 of 4
PLANNING BOARD REVIEW
On February 25,2014, the Planning Board transmitted the proposed Ordinance to the
City Commission with a favorable recommendation by a vote of 7 to 0.
FISCAL IMPACT
ln 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 addresses the relevant issues pertaining to parking requirements
for additions to existing structures located in National Register Districts in the North
Beach area. As an incentive to preserve historic buildings in the National Register
Districts in North Beach, the proposed Ordinance would allow small additions (not to
exceed 2,500 square feet) to an existing 'Contributing' building, with no parking
req uirement.
Further, as is currently permitted in a local historic district, the Ordinance would also
extend the benefit of allowing a payment of a fee in lieu of providing parking when
additions, alterations or change of use result in an increased parking reguirement to
contributing buildings located in the North Beach National Register Historic Districts.
The intent is to provide an incentive to preserve and rehabilitate historic MiMo buildings
in North Beach.
The subject Ordinance was approved at First Reading on May 21 ,2014. At First
Reading, some members of the Commission expressed concern regarding the impact
that eliminating off-street parking requirements for additions less than 2,500 could have
on the surrounding area. Additionally, some concerns have been expressed regarding
the extent of renovation that will be required for those structures seeking to avail
themselves of this reduced parking requirement.
As it pertains to the potential impact on the surrounding area, the Administration believes
that the limited size of the proposed additions (maximum of 2,500 sq ft) for which a the
off-street parking requirement is waived would not result in an undue burden on the
existing supply of on-street parking spaces within the immediate area. Additionally, the
end users who will occupy these types of additions are less likely to rely on single
vehicles, and more likely to use shared vehicles, public mass transit or bicycles on a
regular basis. Finally, the availability of residential on-street parking will continue to be
monitored. lf at some point in the future the intrusion of non-resident parking begins to
impact the area, the City can explore the feasibility of implementing a residential parking
permit system.
With regard to the renovation standards for the existing structures, it was always the
intention for the proposed additions, as well as the renovation of the structure, to be
approved by the Design Review Board (DRB). Through the DRB process, compliance
with the Secretary of the lnterior Standards would be required. This would include, as
applicable, new windows and doors, the removal of non-original and architecturally
inappropriate additions and surface finishes to principal facades and elevations, as well
as site and landscape improvements. The Administration has proposed additional text
for the Ordinance, which would clarify this requirement.
370
Commission Memomndum
Noih Beach Parking
June 11, 2014 Page 4 of 4
GONCLUSION
The Administration recommends that the City Commission adopt the Ordinance, with the
following revisions:
Section 130-32(6).
d. For existinq apartment and apartment-hotel buildinqs, which are classified as
'Contributinq', are located within the Normandv lsles National Reqister District or
the North Shore National Reqister District. and which are beinq substantiallv
retained. preserved and restored, there shall be no parkinq requirement for the
existinq structure. and anv addition up to a maximum of 2,500 square feet.
whether attached or detached. The proposed addition to the existinq
structure shal! be subiect to the review and approval of the Desiqn Review
Board and shall include a renovation plan for the existinq structure that is
fullv consistent with the Secretary of the !nterior Guidelines and Standards
for the Rehabilitation of Historic Buildinqs.
Section 130-33(1).
d. For existino apartment and apartment-hotel buildinos. which are classified as
'Contributinq'. are located within the Normandv lsles National Reqister District.
and which are being substantially retained. preserved and restored, there shall
be no oarkinq requirement for the existinq structure. and anv addition up to a
maximum of 2,500 square feet. whether attached or detached. The proposed
addition to the existinq structure shall be subiect to the review and
approval of the Desisn Review Board and shall include a renovation plan
for the existinq structure that is fullv consistent with the Secretarv of the
lnterior Guidelines and Standards for the Rehabilitation of Historic
Buildinqs.
Section 130-131.(5) Commercial or residential additions to existinq contributinq buildinqs,
whether attached to or detached from the main structure, within the Normandv
lsles National Reqister District or the North Shore National Resister District.
provided the existinq contributinq structure is substantiallv retained, preserved
and restored. The proposed commercial or residential additions to the
existinq structure shall be subiect to the review and approval of the Desiqn
Review Board and shall include a renovation plan for the existinq structure
that is fullv consistent with the Secretarv of the lnterior Guidelines and
Standards for the Rehabilitation of Historic Buildinqs.
JLM/JMJ/TRM/MAB
T:\AGENDA\2014uune\N Beach Parking - MEM 2nd Read.docx
371
North Beach National Register District Parking Ordinance
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 GHAPTER I3O,
"OFF-STREET PARKING," ARTICLE II, "DISTRICTS;
REQUIREMENTS," SECTION 130-32, .OFF-STREET PARKING
REQUIREMENTS FOR PARKING DISTRICT NO. 1,'' BY ADDING NEW
PARKING REGULATIONS FOR APARTMENT AND APARTMENT-
HOTEL BUILDINGS IN PARKING DISTRICT NO.1, INCLUDING A
REDUCTION IN OFF.STREET PARKING REQUIREMENTS FOR
CONTRIBUTING BUILDINGS IN NATIONAL REGISTER HISTORIC
DISTRICTS; BY AMENDING SEGTION 130-33, "OFF-STREET
PARKING REQUIREMENTS FOR PARKING DISTRICTS NO. 2, 3, 4
AND 5" BY ADDING NEW PARKING REGULATIONS FOR
APARTMENT AND APARTMENT-HOTEL BUILDINGS IN PARKING
DISTRICT NO. 4, INCLUDING A REDUCTION IN OFF€TREET
PARK]NG REQUIREMENTS FOR CONTRIBUTING BUILDINGS IN
NATIONAL REGISTER HISTORIC DISTRICTS; BY AMENDING
CHAPTER 130, "OFF-STREET PARKING," ARTIGLE V, ,,FEE lN LIEU
OF PARKING PROGRAM", SECTION 130-131 "GENERALLY", BY
CREATING A NEW PARKING IMPACT FEE CATEGORY FOR
ADDITIONS TO CONTRIBUTING BUILDINGS IN NATIONAL
REGISTER HISTORIC DISTRICTS; PROVIDING FOR CODIFICATION;
REPEALER;SEVERABILIW; AND AN EFFECTIVE DATE.
WHEREAS, ln the summer of 2009, the North Shore and Normandy lsles National
Register Historic Districts were placed on the National Register of Historic places by the United
States Department of the lnterior; and
WHEREAS, the Planning Department conducted an analysis of existing conditions,
issues and opportunities in the North Shore and Normandy lsles National Register Historic
Districts; and
WHEREAS, the City desires to reduce parking requirements with certain conditions in
the North Shore and Normandy lsles National Register Historic Districts in order to encourage
the retention and preservation of existing contributing structures within the districts and to
promote walking, bicycling and public transit modes of transportation, as well as to reduce the
scale and massing of new development in the residential neighborhoods; 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 BEAGH, FLORIDA:
SECTION 1. Chapter 130 of the City Code, entitled "Off-Street Parking," Article ll, "Districts;
Requirements," is hereby amended as follows:
Sec. 130-32. - Off-street parking requirements for parking district no. 1 .
372
Except as otherwise provided in these land development regulations, when any building or
structure is erected or altered in parking district no. 1, accessory off-street parking spaces shall
be provided for the building, structure or additional floor area as follows:
(6) Apartment building and apartment-hotel:
a. Apartment buildings on lots that are 50 feet in width or less: 1.5 spaces per unit.
b. Apartment buildings on lots wider than 50 feet:
1.5 spaces per unit for units between 550 and 999 square feet;
1 .75 spaces per unit for units between 1000 and 1200 square feet;
2.0 spaces per unit for units above 1200 square feet.
c. Designated Guest parking: Developments of 20 units or less shall have no designated
guest parking requirements. Multi-family buildings and suites-hotels with more than 20
units shall be required to provide supplemental designated guest parking equal to ten
percent of the required residential parking spaces.
d. For existins apartment and apartment-hotel buildinqs, which are classified as
'Contributino', are located within the Normandv lsles National Reqister District or the
North Shore National Reqister District. and which are beinq substantiallv retained,
preserved and restored. there shall be no parkinq requirement for the existino structure.
and anv addition up to a maximum of 2,500 square feet. whether attached or detached.
Section 130-33. - Off-street parking requirements for parking dlstricts nos.2, 3, 4, 5 and 6.
Except as otherwise provided in these land development regulations, when any building or
structure is erected or altered in parking districts nos. 2, 3, 4 and 5 accessory off-street parking
spaces shall be provided for the building, structure or additional floor area as follows. There
shall be no off-street parking requirement for uses in this parking district except for those listed
below:
(1) Apadment building and apartment-hotel:
a. Apartment buildings on lots that are 50 feet in width or less: 1.5 spaces per unit.
b. Apartment buildings on lots wider than 50 feet:
1.5 spaces per unit for units between 550 and 999 square feet;
1.75 spaces per unit for units between 1000 and '1200 square feet;
2.0 spaces per unit for units above 1200 square feet.
c. Designated Guest parking: Developments of 20 units or less shall have not
designated guest parking requirements. Multi-family buildings and suites-hotels with
more than 20 units shall be required to provide supplemental designated guest parking
equal to ten percent of the required residential parking spaces.
d. For existinq aoartment and apartment-hotel buildinos. which are classified as
'Contributino', are located within the Normandv lsles National Reqister District. and
which are beinq substantiallv retained, preserved and restored, there shall be no parklnq
requirement for the existinq structure, and anv addition up to a maximum of 2,500
square feet. whether attached or detached,.
SECTION 2. Chapter 130 of the City Code, entitled "Off-Street Parking," Article V, " Fee in Lieu
of Parking Program," is hereby amended as follows:
Section 130-131. - Generally.
A fee in lieu of providing parking may be paid to the city in lieu of providing required parking on-
site, or within 1,200 feet of the site in the architectural district or othenvise within 500 feet of the
site, only in the following instances, except that parking requirements for accessory commercial
373
uses in newly constructed buildings within the Collins Waterfront Historic District in an area in
the RM-2 zoning district that is bounded by 41"1 Street on the south and 44h Street on the north
shall be satisfied by providing the required parking spaces, and may not be satisfied by paying a
fee in lieu of providing parking:(1) New construction of commercial or residential development and commercial or
residential additions to existing buildings whether attached or detached from the main
structure within the architectural district or a local historic district.(2) When an alteration or rehabilitation within an existing structure results in an increased
parking requirement pursuant to subsection 130-132(b).(3) New construction of 1,000 square feet or less, or additlons of 'l ,000 square feet or less
to existing buildings whether attached or detached from the main structure may fully
satisfy the parking requirement by participation in the fee in lieu of providing parking
program pursuant to subsection 130-132(a).(4) The creation or expansion of an outdoor cafe (except for those which are an accessory
use to buildings described in subsection 130-31(b)).(5) Commercial or residential additions to existinq contributinq buildinqs. whether attached
to or detached from the main structure. within the Normandv lsles National Reoister
District or the North Shore National Reqister District. orovided the existins contributinq
structure is substantiallv retained, preserved and restored.
SECTION 3. GODIFICATION.
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. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SEGTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
MAYOR
374
ATTEST:
CIry CLERK
First Reading: May 21,2014
Second Reading: June 11,2014
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\2014\May\N Beach Parking ORo First Read rev.docx
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
LJ"0*t"-. 5-rL-r&
W Date
375
l'llAMl HERATD I MiamiHerald.comTHUR5DAY, MAY 29,20U I NNEAAIAMIBTACHCITY OF MIAMI BEAGHNOTICE OF PUBLIC HEARINGSFlorida, on Wectnosday, June tl 2014, to consider I lle lo[owin!]:10:05 a.m,Oale- hquiies may ba ctitected to the Cny Atamey,s Ofiico at 3os 673-7470.10:10 a.m.may be dircctedlo the City Attaney's Oltjce d 3A5-6/3-t4tA_Codiiicaiion And An Eftecrivo Date. /rquires msy bo.rnecbd to the ptannlng Depa)1mant at 305-6t3-7 bbo.10:m a.m.l0:25 a.m.-everaDrtry Ano An En€(rve Date. tnqunes may be .tnected to the plannkq Depanment at 305-6/3_ /550.1O3O a.m.Severabilily; And An Eflect va f,a\e. lnquhas may be dtre.ted ta tha planning Depatlnenl at 305-673 TSSAl0:35 a,m,Sevo.ability; AnciAn Eilecrive Dare, tnquri.res may be dnect.d to the phnning Depa,lmehtat 305-673-/55A.1O:40 a.m,305-673 75141r:10 a.m.meeting, or any iem herern, may be connnued and under s!.h.ircumsrances, additona/ teqatDortce need noi b€ provided.admrss on ot otherwis'r inadmissible or rrclevanl eviderce, nor does it authoriz6 challenges orappeals nol orheBise alowed by taw_olease contact us lile diys rn advancg al 305 673-741tivo ce) or TTY users may aiso ca tre Ftodda Retay Sorv c€ ar 71r.Bafael E. Grarado, Cily Cle&City ol Miami Boach376
COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading to consider an Ordinance Amendment pertaining to allowable roof top additions
located within the Morris Lapidus Local Historic District.
lntended Outcome Su
AGENDA '"" fi SF
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to requlate ment is ''about the riqht amount.''
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would increase the maximum number of stories and allowable height of roof-
top additions within the Morris Lapidus Local Historic District.
On May 21 ,2014 the City Commission: 1) accepted the recommendation of the Land Use and
Development Commiftee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for June 11,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On May 5,2014, the Planning Board recommended approval of the subject Ordinance by a vote of 7
to 0.
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Clerk's Office islative Tracki
Thomas Mooney
T:\AGENDAVO14\June\Roof Top Additions Lapidus - SUM 2nd Read.docx
E MIAMIBEACH DAIE b-t l- lq377
E MIAMIBEACH
€ity of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: June 11, 20'14
SUBJECT: Rooftop Additions of more
the Morris Lapidus Historic
than ry for Gontributing Buildings in
District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE C]TY
OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV,..SUPPLEMENTARY DISTRICT REGULATIONS,'' DIVISION 5 "HEIGHT
REGULATIONS," BY AMENDING SECTION 142.1161, "HEIGHT
REGULATIONS EXCEPTIONS'" BY MODIFYING THE PROHIBITION OF
ROOFTOP ADDITIONS OF MORE THAN ONE STORY IN THE MORRIS
LAPIDUS/MID-2OTH GENTURY HISTORIC DISTRICT TO ALLOW
ADDITIONAL STORIES; BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE II, "DISTRICT
REGULAT|ONS," DtVtStON 3 "RESIDENT|AL MULT|FAM|Ly DISTRIGTS,"
SUBDIVISION V "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENS!fi,"
BY AMENDING SECTION 142-247, "SETBACK REQUIREMENTS", BY
MODIFYING THE SETBACK REQUIREMENTS FOR ROOFTOP ADDITIONS
IN THE MORRIS LAPIDUS/MID.2OTH CENTURY HISTORIC DISTRICT;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
ADMlNISTRATION RECOMMEN DATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 12, 2014, at the request of Commissioner Joy Malakoff, the City
Commission referred a discussion item to the Land Use and Development Committee
pertaining to rooftop additions of more than one-story for Contributing buildings in the
Morris Lapidus / Mid 20th Century Historic District. On March 19,2014, the Land Use and
Development Committee referred the proposed Ordinance Amendment to the Planning
Board.
On April 8,2014, the Historic Preservation Board reviewed the proposed Ordinance with
a recommendation that the City Commission adopt the Ordinance amendment. At the
same meeting the HPB approved a 2-story roof-top addition to the Versailles tower of
the Fontainebleau Hotel, with the issuance of a Building Permit conditioned upon the
final adoption of the proposed Ordinance amendment by the City Commission (HPB File
No.7421).
Citv Coy'nmission
--o[--
READING - PUBLIC HEARING
378
Commission Memorandum
Ordinance - Roof-Top Additions in Morris Lapidus District
June 11,2014 Page 2 of 2
ANALYSIS
Currently, the Land Development Regulations of the City Code restrict rooftop additions
to one story with a maximum floor to ceiling height of 12 feet in all of the City's historic
districts except for the Collins Waterfront Historic District and North Beach Resort
Historic District. The proposed ordinance amendment would permit rooftop additions in
the Morris Lapidus Mid-20th Century Historic District based upon the current
requirements for Collins Waterfront Historic District, except with a higher floor to ceiling
heights
Modifications to the setback requirements for such rooftop additions are also proposed
within the Morris Lapidus Historic District, which would allow the setbacks of any addition
to follow any non-conforming interior side setback, subject to the review and approval of
the Historic Preservation Board.
PLANNING BOARD REVIEW
On May 5, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 7 to 0 (PB File No. 2172).
FISCAL IMPACT
ln 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 allows for more flexibility in terms of distributing permitted FAR
on top of larger buildings located within the Morris Lapidus Historic District. As most of
the architecture within this district consists of larger, multi-family buildings, the proposed
allowable stories for roof-top additions is not expected to adversely impact the
established scale, character and context of the district.
On May 21,2014, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
T:\AGENDA\2014Uune\Roof Top Additions Lapidus - MEM 2nd Read.docx
379
Rooftop Additions in Morris Lapidus / Mid 20th Century Historic District
oRDtNANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLOR|DA, By AMENDING CHAPTER 142, ,,ZONING
DISTRIGTS AND REGULATIONS," BY AMENDING ARTICLE IV,..SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5 "HEIGHT
REGULATIONS," BY AMENDING SECTION 142-1161, "HEIGHT
REGULATIONS EXGEPTIONS'" BY MODIFYING THE PROHIBITION OF
ROOFTOP ADDITIONS OF MORE THAN ONE STORY IN THE MORRIS
LAPIDUS/MID.2OTH CENTURY HISTORIC DISTRICT TO ALLOW ADDITIONAL
STORIES; BY AMENDING CHAPTER '142, "ZONING DISTRICTS AND
REGULATIONS,'' BY AMENDING ARTICLE II, "DlSTRlCT REGULATIONS,"
DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION V..RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," BY AMENDING
sEcTloN 142-247, "SETBACK REQUIREMENTS", By MOD|FYING THE
SETBAGK REQUIREMENTS FOR ROOFTOP ADDITIONS IN THE MORRIS
LAPIDUS/MlD-2OTH CENTURY HISTORIC DISTRICT; PROVIDING FOR
GODIFIGATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City Code provides for the regulation of rooftop additions in Historic
Districts ; and
WHEREAS, the Historic Preservation Board, at its meeting dated April 8,2014 by a vote
of 6-0 recommended in favor of the Ordinance; and
WHEREAS, the Planning Board, at its meeting dated May 5, 2014, by a vote of 7-0
recommended in favor of the Ordinance; and
WHEREAS, the Mayor and City Commission deem that it is in the best interest of
historic preservation within Miami Beach to amend the Land Development Regulations of the
City Code related to future rooftop additions in the Morris Lapidus / Mid 20th Century Historic
Distirct; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE !T DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF M]AMI BEAGH, FLORIDA, AS FOLLOWS:
SECT|ON 1. That Chapter 142, "Zoning Districts and Regulations," Article lV, "Supplementary
District Regulations,' Division 5, "Height Regulations," Section 142-1161 , "Height Regulation
Exceptions", is hereby amended to read as follows:
Sec. 142-1161. Height regulation exceptions.
For all districts, except RS-1, 2, 3 and 4 (single-family residential districts).
380
(d) Rooftop additions.
(3) Collins Waterlront Histoic Distict and Morris Lapidus/Mid-21th Centurv Historic
District. Notwithstanding the foregoing provisions of subsection 142-1 161(dX2), certain types
of existing structures located within the Collins Waterfront Historic District and the Morris
Lapidus/Mid-20th Centurv Historic District may be permitted to have habitable rooftop
additions (whether attached or detached) according to the following requirements:
a. Height of rooftop additions permitted for structures of five stories or less:
1. Existing buildings of five or less stories may not have more than a one
story rooftop addition, in accordance with the provisions of subsection
142-1161(d)(2). Additionally. at the discretion of the historic preservation
board. the maximum floor to ceiling heiqht mav be increased to 15 feet
structures of greater than five
be eligible by the historic
within the Morris Laoidus/Mid-20th Centurv Historic District.
b. Height of rooftop additions permitted for hotel
stories:
1. For those structures determined to
preservation board for rooftop additions of greater than one story in
height according to the provisions of subsection c. below, one story is
allowed per every three stories of the existing building on which the
addition is to be placed, to a maximum of four additional rooftop addition
stories, with a maximum floor to floor height of 12 feel, and a maximum
floor to roof deck height of 12 feet at the highest new story. The
additional stories shall only be placed on the underlying structure creating
the eligibility for an addition. Additionallv. at the discretion of the historic
preservation board. the maximum floor to ceilinq heiqht mav be increased
to 15 feet within the Morris Lapidus/Mid-20th Centurv Historic District, for
up to 2 floors of a permitted roof-top addition.
2. Rooftop additions permitted under this subsection, which are greater
than one story, shall be for the sole purpose of hotel 4i! development. A
restrictive covenant in a form acceptable to the city attorney committing
the property to such hotel use, subject to release by the historic
preservation board when such board determines that the restriction is no
longer necessary, shall be recorded prior to the issuance of any building
permit for a rooftop addition greater than one story.
SECTION 2. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division Section 3, "Residential Multifamily Districts,", Subdivision V, "RM-3
Residential Multifamily, High lntensity", Section 142-1247, "Setback Requirements", is hereby
amended as follows:
381
Sec. 142-247. Setback requirements.
(a) The setback requirements for the RM-3 residential multifamily, high intensity district are as
follows:
Front Side,
lnterior
Side, Facing
a Street
Rear
At-grade
parking lot on
the same lot
20 feet 5 feet, or 5% of lot
width, whichever is
greater
5 feet, or 5% of
lot width,
whichever is
greater
Non-oceanfront
lots-S feet
Oceanfront lots-
50 feet from
bulkhead line
Subterranean 20 leet 5 feet, or 5% of lot
width, whichever is
greater. (0 feet if lot
width is 50 feet or less)
5 feet, or 5% of
lot width,
whichever is
greater
Non-oceanfront
lots-O feet
Oceanfront Iots-
50 feet from
bulkhead line
Pedestal 20 feet
Except lots A and 1-30 of
the Amended Plat lndian
Beach Corporation
Subdivision and lots 231-
237 of the Amended Plat of
First Ocean Front
Subdivision-50 feet
Sum of the side yards
shall equal 16% of lot
width
Minimum-7.5 feet or
8% of lot width,
whichever is greater
Sum of the side
yards shall
equal 16% of
lot width
Minimum-7.5
feet or 8% of
lot width,
whichever is
greater
Non-oceanfront
lots-10% of lot
depth
Oceanfront lots-
20% of lot depth,
50 feet from the
bulkhead line
whichever is
greater
Tower 20 feet + 1 foot for every 1
foot increase in height
above 50 feet, to a
maximum of 50 feet, then
shall remain constant.
Except lots A and 1-30 of
the Amended Plat lndian
Beach Corporation
Subdivision and lots 23'1-
237 of the Amended Plat of
First Ocean Front
Subdivision-50 feet
The required pedestal
setback plus 0.10 of
the height of the tower
portion of the building.
The total required
setback shall not
exceed 50 feet
Sum of the side
yards shall
equal 16% of
the lot width
Minimum-7.5
feet or 8% of
lot width,
whichever is
greater
Non-oceanfront
lots-15% of lot
depth
Oceanfront lots-
25% of lot depth,
75 feet minimum
from the bulkhead
line whichever is
greater
(b) ln the Morris Lapidus/Mid-20th Century Historic District the followins shall apply:
382
(1) Rooftop additions, whether attached or detached. mav follow the established lines of the
interior side setbacks of the existinq structure on the site, subiect to the review of the historic
preservation board.
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 accomplish such
intention, and that the word "ordinance' may be changed to "section" or other appropriate word.
SECTION 5. Severability.
lf 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 2014.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTIONb
CitV AltorneV ffi
First Reading:
Second Reading:
May 21,2014
June 11,2014
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language.
Strikethreugh denetes deleted langsage.
T:\AGENDAU014$ray\Roof Top Additions Lapidus - ORD First Read.docx
Date
383
lAMl HERALD I MiamiHerald.comNE THURSDAY, MAY 29,2014 I NNEMIAMIBTACHCITY OF MIAMI BEACHNOTIGE OF PUBLIC HEARINGSFlorlda, on W6dns6day, Jure 11, 2014, io con sider the tottow ng:1OO5 a.m.Oale. lnquiies hay be cliracted ta tha City Atarnoy! Alicc at 3OS 67?1470_i0r10 a.m.my b6 directed to tha Cily Attoney s Afiice at 305-6/3-/4/o.10r15 a.h.Codilicaton And Ah EffecrirsOat@. hqunies tn.y be dt.cted to the planntng Depanment at 305-623-7550_toim a.m.10:25 a.m,Severab ltyiAnd An Eflecti\eDate. hquirbs may ba ditacted to the pt ning D,pafinent at 305-6/3-Z550.10:30 a.rn,Seve/ab lity:And An Ef{eii\e Dale- kgliies may ba directed ta the Ptannhg Depadtunt at 305-673-7550.1035 a.m.Severabll tyl And An Eflsctlve Date. hqunies, olay be diected to the Ptanning Depahent at 305-673-755010:40 a,m.305-673-7514-1'1r10 a.m.meeling, or any itenr herein, may be continued, and under such circumstances, addirionat legat nol ce need nor be provdsd.admission oiolh€rws€ inadmissible or rr[elevanl evdence. nordoes rt allhora.s challDnges orappeals noi oth erwise allowed by law.please contact us live days !n advancs al 305-673-7.11 1(!oice) or ITY lseE rnay also call lhe Flonda Irelay servic,r al ?l1-BalaelE. Granado, City ClelkCity or Miam Boach384
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment pertaining to Accessory Structures located
within Sinqle Family Districts and allowable setback and heiqht encroachments citv-wide.
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, elc 48Yo of residential respondents and 55% of
businesses rate the etfort put forth by the Citv to requlate develoDment is "about the rioht amount."
Item Summary/Recommendation:
SECOND READING - PUBLIC HEARING
The proposed Ordinance would modify the development regulations for Accessory Structures
permitted within the rear yard of single family homes, as well as modify height exceptions for code
required bathrooms and allowable setback encroachments for walkways and FPL transformers.
On May 21, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for June 11,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On May 5,2014, the Planning Board recommended approval of the subject Ordinance by a vote of 7
to 0.
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm 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
budqet.
Clerk's Office lative Tracki
Thomas Mooney
T:\AGENDAUo14\June\Accessory Structures and Setback Encroachments - SUM 2nd
AGENDA 'rE*
(f6-
otti-WE MIAMIBEACH 385
g MIAMIBEACH
City of itiomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUUECT: Accessory Structures, FPL T
Encroachments
READING - PUBLIC HEARING
ADA Walkways and Height
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry
oF MtAMt BEACH, FLORIDA, 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, "ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS'"TO MODIFY SETBACK REQUIREMENTS AND DEVELOPMENT
REGULATIONS FOR ACGESSORY BUILDINGS AND FPL
TRANSFORMERS !N SINGLE FAMILY DISTRICTS, AND AMERICANS WITH
DISABILITIES ACT (ADA) WALKWAYS; BY AMENDING GHAPTER 142,
"zoNtNG DtsTRtcTs AND REGULATIONS," By AMENDING ARTTCLE lV,..SUPPLEMENTARY DISTRICT REGULATIONS,'' DIVISION 5 "HEIGHT
REGULAT|ONS," BY AMENDING SECTION 142-1161, "HEIGHT
REGULATIONS EXCEPTIONS'" TO MODIFY HEIGHT EXCEPTIONS TO
ADD BATHROOMS ON ROOF DECKS REQUIRED UNDER THE BUILDING
CODE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 12, 2014, the City Commission adopted an Ordinance amendment to the
single family development regulations, incorporating numerous revisions including
limitations on lot coverage, unit size, roof-decks, lengths of 2-story side elevations, and
limitations on the percentage of a home's second floor area. At the same meeting, at
the request of Commissioner Joy Malakoff, the City Commission referred an Ordinance
amendment pertaining to accessory structures in single family districts to the Planning
Board.
The Land Use and Development Committee discussed the proposed accessory
structures Ordinance on March 19,2014, which also included allowable projections and
height encroachments outside of single family districts, and recommended approval.
386
Commission Memorandum
Ordinance - Accessory Structures and Setback Encroachments
June 11, 2014 Page 2 of 3
ANALYSIS
Presently, accessory structures may occupy up to 30% of the area of the rear yard and
may be located as close as 7.5 feet from an interior or rear property line for a single
story structure. lnterior setbacks for 2-story structures are 7.5 feet or the required rear
setback, whichever is greater, and a rear setback of 15 feet. Concerns have been
expressed with the minimal setbacks required, especially fronting watenruays, and the
size of these accessory buildings, which often contain large guest quarters with multiple
bedrooms.
The following is a summary the proposed Ordinance changes for accessory buildings in
single family districts:
o Lot coverage for accessory buildings has been reduced from 3lYolo 25%o The overall size of accessory buildings has been limited to 10% of the size of the
main home, or 1500 square feet, whichever is less. Previously there was no cap
on the overall size.o The second floor of 2-story buildings shall not exceed 50% of the first floor area.. Accessory buildings shall be separated by a minimum of 5 feet, open to the sky
with no overhead connections.. The setback requirements for single story structures has been increased from 7.5
feet to not less than one-half of the required rear setback when facing a
waterway.. The interior side setback requirements for 2-story structures has been increased
from "7.5 feet or the required setback, whichever is greate/'to "10 feet or the
required setback, whichever is greater."r The rear setback for 2-story structures facing a waterway has been increased
from 15 feet to not less than one-half of the required rear setback or 15 feet,
whichever is greater.. Height has been reduced from 18 feet to 12 feet for a single story structure
from 25 feet to 20 feet for 2-story structures.. lt has also been clarified that the allowable height exceptions of Section
1 161 shall not apply to accessory buildings in single family districts.
and
142-
Also included in this Ordinance amendment is an addition to the allowable
encroachments section of the City Code in order to permit the construction of required
FPL transformers and associated concrete pads within the front yards of single family
homes. A modification to the ADA walkways section is also proposed in order to
increase the width of such walkways from 42 inches to the Building Code required 44
inches, and also allow such walkways not only within the front yards and sideyards
facing a street, but in all required yards.
Lastly, the Ordinance proposes an additional height regulation exception for all districts
except single family districts, to allow bathrooms which are required under the Florida
Building Code, as an allowable height exception. Although pool and pool decks are
allowable height exceptions outside of single family districts, currently bathrooms are not
an allowable height exception and must be located below the maximum permitted height
of the applicable zoning district. Problems arise when a rooftop pool is proposed on top
of an existing or proposed building, which is at its maximum height. Because bathrooms
are required in association with the construction of a pool, the proposed Ordinance
amendment would allow bathrooms as an allowable height exception.
PLANNING BOARD REVIEW
On May 5, 2014, the Planning Board transmitted the proposed Ordinance to the City
387
Commission Memorandum
Ordinance - Accesson/ Sfructures and Setback Encroachments
June 11, 2014 Page 3 of 3
Commission with a favorable recommendation by a vote of 7 to 0 (PB File No. 2171).
FISCAL IMPACT
ln 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
On May 21,2014, the subject Ordinance was approved at First Reading.
CONCLUS!ON
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
T:ICGENDA\2014Uune\qccessory Structures and Setback Encroachments - MEM 2nd Read.docx
388
Accessory Structures, FPL Transformers, ADA Walkways and Height Encroachments
ORDINANCE NO
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, By AMENDTNG CHAPTER 142, ,,ZONING DISTRICTS AND
REGULATIONS,'' BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS,'' DIVISION 4 "SUPPLEMENTARY YARD REGULATIONS,'' BY
AMENDING SECTION 142.1132, "ALLOWABLE ENCROACHMENTS WITHIN
REQUIRED YARDS", TO MODIFY SETBACK REQUIREMENTS AND
DEVELOPMENT REGULATIONS FOR ACCESSORY BUILDINGS AND FPL
TRANSFORMERS !N SINGLE FAMILY DISTRICTS, AND AMERICANS WITH
DISABILITIES ACT (ADA) WALKWAYS; BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5 ,,HEIGHT
REGULATIONS," BY AMENDING SECTION 142-1161, "HEIGHT REGULATIONS
EXGEPTIONS", TO MODIFY HEIGHT EXGEPTIONS TO ADD BATHROOMS ON
ROOF DECKS REQUIRED UNDER THE BUILDING CODE; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach places a high value on the scale, character and
architectural context of all neighborhoods within the City, including single family, multifamily, and
commercial districts; and
WHEREAS, the City of Miami Beach desires to amend the existing requirements for
accessory structures and allowable encroachments within single family districts; and
WHEREAS, the City of Miami Beach desires to amend the existing requirements for
allowable height exceptions outside of single family districts; and
WHEREAS, the Planning Board, at its meeting dated May 5, 2014 by a vote of 7-0
recommended in favor of the Ordinance; 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:
SEGTION 1. That Chapter 142, "Zoning Districts and Regulations," Article lV, "Supplementary
District Regulations," Division 4, "Supplementary Yard Regulations," Section 142-1132,
"Allowable Encroachments within Required Yards", is hereby amended as follows:
Sec. 142-1132. Allowable encroachments within required yards.
(a) Accessory buildings.
(1) ln all districts, except single-family districts, accessory buildings which are not a
part of the main building may be constructed in a rear yard, provided such
accessory building does not occupy more than 30 percent of the area of the
required rear yard and provided it is not located closer than seven and one-half
1
389
(2)
feet to a rear or interior side lot line and 15 feet when facing a street. Areas
enclosed by screen shall be included in the computation of area occupied in a
required rear yard lot but an open uncovered swimming pool shall not be
included.
Insinglefamilydistricts,@thefollowj4gtheregulationsin
(aX{}+xeep++na+ shall apply to accessory buildinqs within a required rear vard:
a. Lof Coyeraqe. Accessorv buildinos that are not a part of the main
buildinq, shall be included in the overall lot coveraqe calculations for the
site, and mav be constructed in a rear vard, provided such accessory
buildinq (or accessory buildinos) does not occupv more than 25 percent
of the area of the required rear vard. Areas enclosed bv screen shall be
included in the computation of area occuoied in a required rear vard lot
but an open uncovered swimmino pool shall not be included.
b. S2e. The area of accessorv buildinqs shall be included in the overall unit
size calculation for the site. ln no instance shall the total size of all
accessorv buildinq(s) exceed 10% of the size of the main home on the
subiect site. or 1500 square feet. whichever is less.
c. fuzo-story structures. The second floor of an accessory buildinq shall not
exceed 50% of the first floor area.
d. EutTdlno Separation. Accessorv buildinqs shall be separated from the
main home bv a minimum of 5 feet, open to the skv with no overhead
connections.
e. Sefbacks.
1. Srno/e Sfory. A sinqle storv accessorv buildinq shall not be located
closer than seven and one-half feet to an interior rear or interior
side lot line, and 15 feet when facinq a street. When facinq a
wateruvav, the minimum rear setback shall not be less than one-
half of the required rear setback.
2. Two-Story. A two-story accessory s+ru€tu{€ buildinq shall not be
located closer than s€yen-€nd-€'F€'h€lf 10 feet to an interior side
lot line, or the required side yard setback, whichever is greater, l!
feet when facing a street, and a rear setback of 15 feet. When
facinq a waterwav, the minimum rear setback shall not be less
than one-half of the required rear setback, or 15 feet, whichever is
greater.
f . Heighf. Accessory buildings shall be limited to two stories. The maximum
height above adiusted grade shall not exceed 18-12 feel for a one-story
structure and 25 20 feet for a two-story structure. The allowable heiqht
exceptions of Section'142-1'16'l shall not applv to accessorv buildinqs in
sinqle family districts.
g. Uses. Accessory buildings shall be limited to uses that are accessory to
the main use, including but not limited to garage, carport, pergola,
2
390
(o)
h.
cabana, gazebo, maid's or guest's quarters. Components of the main
structure, such as detached bedrooms or any habitable area of the single-
family structure shall not be considered accessory uses..
Utilities. Accessory buildings may contain heating and air conditioning,
washers and dryers, toilets, bar sinks and showers, but may not have full
kitchen facilities. An outdoor built-in barbecue grill or similar cooking
equipment shall be allowed as an accessory use, as may be permitted by
the fire marshal and in accordance with the regulations contained in any
applicable safety code or Florida Building Code.
Projections. In all districts, every part of a reguired 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, unless otheruvise noted.
(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 142-105(aX1)e.
(7) Roof overhangs.
(8) Sills.
(9) Window or wall air conditioning units.
(10) Bay windows (not extending floor slab).
(11) Walkways: Maximum three and ene hallfeet 44 inches. 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 frent yards and--side
Varas+aeing-€-str€et may exceed these restrictions when approved through the
design review or certificate of appropriateness procedures, as applicable, and
pursuant to chapter 1 18, article Vl, of the City Code.
t/72) Electrical transformers and associated concrete pads. as required bv Florida
Power & Liqht (FPL) mav be located up to the front or street side propertv line in
sinqle familv districts.
Satellite dish antennas. ln all districts, satellite dish antennas are only permitted in the
rear yard or on top of multifamily or commercial buildings. Antennas shall be located and
sized where they are not visible from the street. Satellite dish antennas shall be
considered as an accessory structure; however the height of the equipment including its
(p)
391
base to the maximum projection of the antenna, based upon maximum operational
capabilities, to the top part of the antenna shall not exceed 15 feet. lf it is attached to the
main structure it may not project into a required yard.
SEGTION 2. That Chapter 142, "Zoning Districts and Regulations," Article lV, "Supplementary
District Regulations," Division 5, "Height Regulations," Section 142-1161 , "Height regulations
exceptions," is hereby amended as follows:
Sec. 142-1 161. Height regulation exceptions.
For all districts, except RS-1, 2, 3 and 4 (single-family residential districts).
(a) The height regulations as prescribed in these land development regulations shall not
apply to the following when located on the roof of a structure or attached to the main
structure. For exceptions to the single-family residential districts, see subsection 142-
105(e).
(1) Air conditioning, ventilation, electrical, plumbing equipment or equipment rooms.
(2) Chimneys and air vents.
(3) Decks, not to exceed three feet above the main roofline and not exceeding a
combined deck area of 50 percent of the enclosed floor area immediately one
floor below.
(4) Decorative structures used only for ornamental or aesthetic purposes such as
spires, domes, belfries, not intended for habitation or to extend interior habitable
space. Such structures shall not exceed a combined area of 20 percent of the
enclosed floor area immediately one floor below.
(5) Elevator bulkheads or elevator mechanical rooms.
(6) Flagpoles subject to the provisions of section 138-72
(7) Parapet walls, not to exceed three and one-half feet above the main roofline
unless otherwise approved by the design review board up to a maximum of 25
feet in height.
(8) Planters, not to exceed three feet in height above the main roofline.
(9) Radio, television, and cellular telephone towers or antennas, and rooftop wind
turbines.
(10) Stainrvellbulkheads.
(1 1) Skylights, not to exceed five feet above the main roofline.
(12) Stage towers or scenery lofts for theaters.
(13) Swimming pools, whirlpools or similar structures, which shall have a four-foot
wide walkway surrounding such structures, not to exceed five feet above the
main roofline.
(14) Trellis, pergolas or similar structures that have an open roof of cross rafters or
latticework.
(15) Water towers.
392
(16) Bathrooms required bv the Florida Buildinq Code. not to exceed the minimum
size dimensions reouired under the Buildinq Code, provided such bathrooms are
not visible when viewed at eve level (5'-6" from qrade) from the opposite side of
the adiacent riqht-of-wav: for corner properties. such bathrooms shall also not be
visible when viewed at eve level (5'-6" from qrade) from the diaqonal corner at
the opposite side of the riqht-of-wav and from the opposite side of the side street
riqht-of-wav.
(b) The height of all allowable items in subsection (a) of this section, unless otherwise
specified, shall not exceed 25 leet above the height of the roofline of the main structure.
When any of the above items are freestanding, they shall follow the height limitations of
the underlying zoning district (except flagpoles which are subject to section 138-72).
(c) Notwithstanding other provisions of these regulations, the height of all structures and
natural growth shall be limited by the requirements of the Federal Aviation Agency and
any airport zoning regulations applicable to structure and natural growth.
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.
SEGTION 4. Codifi cation.
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 5. Severability.
lf 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 2014.
MAYOR
393
ATTEST:
CITY CLERK
First Reading: May 21 ,2014
Second Reading: June 11,2014
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language.
Strike+hreugh denetes deleted langsage.
T:\AGENDAUo14\May\Accessory Structures and Setback Encroachments - ORD First Read.docx
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
394
t'llAMl HERALD I MiamiHerald.comNf THURSDAY, MAY 29,20]4 I NHExMIAMIBEACHCITY OF MIAMI BEACHNOTICE OF PUBLIC HEARINGSFlonda, on Wodnesday, Juno 11, m14, to cons der the roltowingl10:05 a.m.Oala. lnqunes mav be directarl lo lhe Cilv Atorn€v\ Olice at 305-673-7470.10:10 a.m.may ba dt/acted to the City Attamoy's Ofiice at 3o5 6/3 7470.1O:15 a.m"Cod licanon And An Elfeli\B Date. tnquines nay be dirccted to the ptanntlg Dapanment at BOb-675-.SSO.10:20 a.m.Sev€rab ltyi An.l An F iectiye Date. )nquiies may ba dirccted ta the ptanning Departrnent at 305-673-7550.10130 a.m.Severabilltyj And An iective Dara. kquiies my be dirccted to the Planning Department at 305-673-t5SO.10:35 a.m.Soverabiliiy; Anrj An Efloci ve Date, lnquniea may be directed ta the planning Depadment at 3OS1j7S- lbb010140 6,m.345-673-7514.11:10 a.m.meel,ng, or any ilem heein, may b€ continued, and under such circumstances, additional tegat nol c€ n6€d not be provded.ad m rssion of olherw se rnad m ssible or trelevanl e!de.c6 nor doe! t authoriz€ c hallsnges or appoals nol oth erwise allow€d by law.plsasa contact us Iivsdays !n advamg al 3o5-tt73-741 1 (!oice) or]TY use.s may also callll€ Fknida Relay Serurc€ al711.Balml E. Grarado, Cily ClerkCity oI MiatrriBoach395
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396
COMMISSION ITEM SUMMARY
Condensed Title:
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 ll, Entitled 'Public Places,' By Amending Division 2, Entitled "Bicycling, Skateboarding,
Rollerskating, lnJine Skating, and Motorized Means Of Transportation," By Amending The Definition
Provisions ln Section 70-66; By Amending Section 70-67, Entitled 'Prohibited Activities," By Prohibiting
on Lincoln Road Mall From 9:00 A.M. to 2:00 A.M.
Item Summary/Recommendation:
SECOND READING - PUBLIC HEARING
Over the years the demand for pedestrian use on Lincoln Road Mall has increased. Currently, Lincoln
Road Mall is used by pedestrians and bicyclists, as well as the servers that provide service to a multitude
of sidewalk cafes and reslaurants located along the mall. Lincoln Road Mall is also frequented by visitors
from all over the world to shop and experience this well-known pedestrian mall. This high demand for
space on Lincoln Road Mall often creates a conflict between bicyclists and pedestrians, as well as other
users of the Mall. Recent complaints and frequent conflicts between pedestrian users of Lincoln Road Mall
and bicyclists have raised safety concerns. The type of bicyclists could range from locals using their own
bicycles to get to other destinations in the City, to visitors using DecoBike to tour the City by bicycles.
Lincoln Road Mall also has a variety of restaurants, bars and shops that often open long hours to cater to
a variety of clientele. The increased bicycle use has also triggered the frequency of perceived conflicts.
The use of bicycles on Lincoln Road Mall is currently not regulated. Often the speed at which some
bicyclists travel along Lincoln Road Mall causes safety concerns and conflicts with other users. The
proposed Ordinance would only allow the use of bicycles on Lincoln Road Mall during the hours of lowest
pedestrian activity when most of the establishments along Lincoln Road Mall are closed.
ln the interest of enhancing safety and promoting safe pedestrian and bicycle-use along Lincoln Road Mall
(from the east sidewalk of Alton Road to the west sidewalk of Washington Avenue), and in response to
recurring complaints from the community, the Administration recommends approving the Ordinance
limiting the operation of bicycles on Lincoln Road Mall (within the limits established) between the hours of
2:00 A.M. and 9:00 A.M. Bicyclists would be allowed to walk their bicycles on Lincoln Road Mall at any
time. Proper signage will be placed along Lincoln Road Mall to advise bicyclists of the new restrictions on
bicycle usage.
THE ADMINISTRATION RECOMMENDS THE APPROVAL OF THIS ORDINANCE ON SECOND
READiNG.
Board Recommendation:
Financial lnformation :
Jose Gonzalez, ext. 6768
@ AnIAMIBEACH
T|\AGENDA\2o14uune\OrdinEnce Limiting the Hours of Bcfcle Use on Uncoln Road SUMM.docx
Aoenda rtem Q5 H
Date 6-lt-lY397
g MIAMI BEACH
€ity of itiomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
- PUBLIC HEARING
SUBJECT: AN ORDINANCE OF MAYOR AND CITY COMMISSION
, ENTITLED..MISCELLANEOUS OFFENSES,'' BY AMENDING ARTICLE II
ENTITLED "PUBLIC PLACES," BY AMENDING DIVISION 2,
ENTITLED ..BICYCLING, SKATEBOARDING, ROLLER SKATING, IN-
LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION,"
BY AMENDING THE DEFINITION PROVISIONS lN SECTION 70-66; BY
AMENDING SECTION 70-67, ENTITLED ..PROHIBITED ACTIVITIES,"
BY PROHIBITING BICYCLING ON LINCOLN ROAD MALL BETWEEN
9:00 A.M. AND 2:00 A.M.; BY AMENDING SECTION 70-68, ENTITLED
"EXEMPTIONS," BY AMENDING AND CLARIFYING THE
EXEMPTIONS IN DIVISION 2 AND CORRECTING A SCRIVENER'S
ERROR THEREIN; BY AMENDING SECTION 70-71, ENTITLED
..PENALTIES," BY CLARIFYING THE PENALTIES FOR VIOLATIONS
OF SECTIONS 70-67 AND 70-69(A)-(C); BY AMENDING GHAPTER
106 OF THE CODE OF THE C]TY OF MIAM! BEACH, ENTITLED
..TRAFFIC AND VEHICLES," BY AMENDING ARTICLE I, ENTITLED,.IN GENERAL," BY AMENDING SECTION 106.3, ENTITLED
,.VEHICLES AND NON.MOTORIZED VEHICLES PROHIBITED ON
PORTION OF LINCOLN ROAD AND EXEMPTIONS; NONMOTORIZED
VEHICLES FOR HIRE PROHIBITED ON OCEAN DRIVE" TO INCLUDE
BICYCLE RESTRICTIONS ON LINCOLN ROAD MALL AND TO
INCORPORATE APPLICABLE DEFINITIONS, EXEMPTIONS, AND
PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Ordinance on Second Reading.
FINANCIAL IMPACT
Staff has determined that there will not be a fiscal impact on the City's budget by enacting the
proposed Ordinance. The implementation of the proposed Ordinance would not require
additional staffing. Enforcement of the proposed Ordinance would be achieved through the
Police Department utilizing existing resources.
FROM:
DATE:
Mayor Philip Levine and Members the City Cflfnmission
Jimmy L. Morales, City Manager
June 11,2014
398
Commission Memorandum - Ordinance Limiting the Hours of Use of Bicycles on Lincoln Road
June 11,2014
Page 2 of 3
BACKGROUND
Pursuant to the Atlantic Greenway Network (AGN) Master Plan, the City has constructed over
15 miles of bicycle facilities and has over nine (9) more miles in construction and design stages.
As part of this bicycle network construction, the City has continued phased construction of
Beachwalks and has improved bicycle parking throughout the City. These facilities amount to
about 70 percent of the bicycle facilities planned in 2007. Other bicycle facilities are available in
the area of Lincoln Road which would allow bicyclists to commute on the east-west directions to
and from the bay on the west and the beach on the east.
ln 2011, in parallel to the construction of bicycle facilities throughout the City, the City launched
its first bicycle sharing program in partnership with DecoBike. DecoBike has become one of the
top bike sharing programs, comparable nationally only to Washington DC, with over 2 million
rides since its inception. The bike sharing program has been successful in promoting bicycles
as a safe and sustainable mode of transpo(ation. ln addition, DecoBike has reported that 75
percent of all trips are completed by residents.
As a result of the Administration's attention to bicycle transportation in the City, lhe 2012
Community Satisfaction Survey shows an increase in bicycling and walking as the primary
method of transportation from six (6) percent to 11 percent. The number of residents bicycling
and walking as the primary method of transportation is even more predominant in the South
Beach area at 26 percent. ln 2012, the City was also recognized by the US Census Authority for
being one of National Top Ten (10) Cities for commuter bicycle rides in the United States.
lmpact of Bicvcles, Skateboards, Seowavs and Other Vehicles on Pedestrian Paths
ln an effort to minimize conflicts among various modes of transportation and increase the safety
of pedestrians in the City, the Administration has adopted Ordinances to regulate some
alternative methods of transportation. ln 1997, the City approved Ordinance No. 97-3103
outlining regulations for the laMul performance of skateboarding, roller skating, in-line skating,
and motorized means of transportation. This ordinance restricts the use of skateboards and
motorized means of transportation, except for wheelchairs or other motorized devices when
used by a disabled person, in, on, or upon any portion of Lincoln Road Mall from the east
sidewalk of Alton Road to the west sidewalk of Washington Avenue and the West side of Ocean
Drive.
ln October 2012, the Mayor and Commission approved an amendment to Chapter 70 of the
Miami Beach City Code (Ordinance No. 2012-3780) with the purpose of outlining additional
rules and regulations for safe operation of electric personal assisting mobility devices
(Segways). This ordinance makes it unlaMul to use any motorized means of transportation in,
on, or upon any sidewalk or sidewalk areas in the City, except wheelchairs or other motorized
means of transportation when used by a disabled person, and electric personal assistive
mobility devices were restricted to a maximum speed of eight (8) miles per hour, unless in areas
otherwise prohibited.
Shared-use paths like the Beachwalk, Cutwalk, and Baywalk are also a source of concern for
some pedestrians. These facilities were approved for bicycle use as part of the AGN Master
Plan. The Transportation Department will conduct observations and inspections of these
facilities to identify conflict points. These conflict points will be studied to determine if additional
signage and safety measures would be beneficial.
399
Commission Memorandum - Ordinance Limiting the Hours of Use of Bicycles on Lincoln Road
June 11,2014
Page 3 of 3
ANALYSIS
Over the years, the demand of use on Lincoln Road Mall has increased. Currently, Lincoln Road
Mall is used by pedestrians and bicyclists as well as servers that provide service to a multitude
of sidewalk cafes and restaurants located along the Mall. Lincoln Road Mall is also frequented
by visitors from all over the world to shop and experience the well known Pedestrian Mall. This
high demand for space on Lincoln Road Mall often creates a conflict between bicyclists and
pedestrians as well as other users of the Mall. Recent complaints and frequent conflicts
between users of Lincoln Road Mall and bicyclists have raised safety concerns. The type of
bicyclists ranges from locals using their own bicycles to get to other destinations in the City to
visitors using DecoBike to tour the Gity by bicycles. Lincoln Road Mall also has a variety of
restaurants, bars, and shops that cater to a variety of clientele. The increased bicycle use has
also triggered the frequency of perceived conflicts.
The use of bicycles on Lincoln Road Mall is not currently regulated. The speeds at which some
bicyclists ride along Lincoln Road Mall have caused safety concerns and conflicts with other
users. The proposed Ordinance would allow the use of bicycles on Lincoln Road Mall during
the hours of lowest pedestrian activity when many of the establishments along Lincoln Road
Mall are closed. Bicyclists would be allowed to walk their bicycles on Lincoln Road Mall between
the limits established at any time.
PROPOSED ORDINANCE
The proposed Ordinance will amend Section 70-67 of the City Code to limit the operation of any
bicycle on Lincoln Road Mall between the hours of 2:00 A.M. and 9:00 A.M. No limitation on the
hours will be placed for those wishing to walk their bicycles on Lincoln Road Mall at any time.
Additionally, housekeeping amendments have been made to clarify the scope of the exemptions
in Section 70-68 and to clarify that Section 70-67 and 70-69 (a)-(c) are enforced by Police
officers. The Ordinance also amends provisions in Section 106-3 of the City Code to mirror the
bicycle restrictions in Section 70-67 and makes other clarifying amendments.
RECOMMENDAT!ON
ln the interest of enhancing safety, promoting safe pedestrian and bicycle-use along Lincoln
Road Mall (from the east sidewalk of Alton Road to the west sidewalk of Washington Avenue),
and in response to recurring complaints from the community, the Administration recommends
approving the Ordinance limiting the hours of use of bicycles on Lincoln Road Mall (within the
limits established) to between the hours of 2:00 A.M. and 9:00 A.M. Bicyclists would be allowed
to walk their bicycles on Lincoln Road Mall at any time. Proper signage will be placed along
#ffffi::Mallto
advise bicvclists of the new restrictions on bicvcle usase.
T:\AGENDAUol4Uune\Ordinance Limiting the Hours of Bicycle Use on Lincoln Road MEMO.docx
400
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE
CIry 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," BY AMENDING DIVISION 2,
ENTTTLED "BlCyCLlNG, SKATEBOARDING, ROLLER SKATING, tN-
LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION,''
BY AMENDING THE DEFINITION PROVISIONS lN SECTION 70-66; BY
AMENDING SECTION 70-67, ENTITLED "PROHIBITED ACTIVITIES,''
BY PROHIBITING BICYCLING ON LINCOLN ROAD MALL BETWEEN
9:00 A.M. AND 2:00 A.M.; BY AMENDING SECTION 70-68, ENTITLED
"EXEMPT|ONS," By AMENDING AND CLARIFYING THE
EXEMPTIONS IN DIVISION 2 AND CORRECTING SCRIVENERS
ERRORS THEREIN; BY AMENDING SECTION 70-71, ENTITLED
"PENALTIES," BY CLARIFYING THE PENALTIES FOR VIOLATIONS
OF SEGTIoNS 70-67 AND 70-69(A)-(C); BY AMENDING CHAPTER
106 OF THE CODE OF THE CITY OF MIAMI BEAGH, ENTITLED
"TRAFFIC AND VEHICLES,'' BY AMENDING ARTICLE I, ENTITLED..IN GENERAL," BY AMENDING SEGTION 106.3, ENTITLED..VEHICLES AND NON-MOTORIZED VEHICLES PROHIBITED ON
PORTION OF LINCOLN ROAD AND EXEMPTIONS; NONMOTORIZED
VEHICLES FOR HIRE PROHIBITED ON OCEAN DRIVE" TO INCLUDE
BICYCLE RESTRICTIONS ON LINCOLN ROAD MALL AND TO
INCORPORATE APPLICABLE DEFINITIONS, EXEMPTIONS, AND
PENALTIES; 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, pursuant to Section 316.008 of the Florlda Statutes, local governments are
authorized to regulate the operation of bicycles, and may prohibit or regulate the use of heavily
traveled streets and sidewalks by any class or kind of traffic found to be incompatible with the
normal and safe movement of pedestrian traffic; and
WHEREAS, that portion of Lincoln Road lying west of the easterly line of Washington
Avenue to the easterly line of Alton Road is one of the City's most popular attractions for
residents and visitors alike, and is heavily traveled by pedestrians on a daily basis and can often
experience pedestrian traffic numbering in the thousands, making it an inappropriate venue for
bicycles; and
WHEREAS, due to its heavy use by pedestrians and the significant presence of
sidewalk cafes throughout the length of Lincoln Road Mall, it is incompatible for the normal and
safe movements of pedestrian traffic to permit bicycle traffic thereon, except only during those
hours in the early morning between 2:00 a.m. and g:00 a.m. when pedestrian traffic is at a
minimum; and
401
WHEREAS, the regulations within this Ordinance are necessary in the interest of public
safety and the public health and welfare; and
WHEREAS, other amendments to Chapter 70 and 106 of a housekeeping nature will
provide further clarification and consistency between those Chapters.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMTSSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1 . That Division 2 of Article ll of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE ll. Public Places
DIVISION 2. Bicycling, Skateboarding, Roller Skating, ln-Line Skating,
and Motorized Means of Transportation
Sec. 70-66. Definitions.
The following definitions are applicable to this division:
Bicycle means every vehicle propelled solelv bv human power, havino two
tandem wheels. and includinq any device qenerallv recoqnized as a bicvcle thouoh
equipoed with two front or two rear wheels. The term does not include such a vehicle
with a seat heiqht of no more than 25 lnches from the qround when the seat is adiusted
to its hiqhest position or a scooter or similar device. The term does not include
nonmotorized vehicles for hire as defined in section 106-463 of the Citv Code.
Bicycle pafh means any road, path or way that is open to bicycle travel which
road, path, or way is physically separated from motorized vehicular traffic by an open
space or by a banier and is located either within the highway right-of-way or within an
independent right-of-way, and as defined and authorized by state law and the City Code,
and includes the city's coastal pathways, beachwalk, baywalk, and cutwalk that are
within the Atlantic Greenway Network as set forth in appendix A.
E/ebfrlc personal assrsfrVe moblllty devlce means anv self-balancino. two non-
tandem wheeled device, desiqned to transport onlv one person. with an electric
propulsion svstem, and includes the definition set forth in Section 316.003(83) Fla. Stat..
as mav be amended.
Grinding means the process by which a skater or skateboarder attaches to a
curb or rail and slides along the edge of the curb or rail.
402
Launching means using any angled or elevated surface which the skater,
skateboarder, or cyclist can jump from in order to get airborne.
MoforLed means of transporfafion means anv devices or means of transportation
which are propelled other than solelv bv human power and includes. but is not limited to.
electric personal assistive mobilitv devices, motorized skateboards, motorized skates.
and anv other motorized device not defined as a vehicle in Section 316.003. Fla Stat.
as mav be amended,
Rail sliding means [a process] similar to curb or edge grinding. Handrails are
often used for rail sliding, in which the skater jumps to the top of the rail and slides down
the decline.
Stalling means the process by which a skater or skateboarder attaches to a curb
or edge in the space between the second and third wheel of the in-line skate or any part
of the skateboard.
Sec. 70-67. Prohibited activities.
It shall be unlawful for any person to engage in skateboarding at anv time. er to
operatingg any motorized means of transportation at anv time, except for
wheelchairs or other such motorized devices when used by disabled persons, or
to enqaqe in bicyclino between 9:00 a.m. and 2:00 a.m.. 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 Q63{ ateny{ime.
Sec. 70-68. Exemptions.
Police deoartment and code compliance department bicycle, in-line skate, and electric
personal assistive mobilitv device patrol units, vehicles, and motorized means of transportation:
end city service and transit vehicles-,;city-contracted security and maintenance services
vehicles'; service vehicles authorized by the city for use by city lessersees, concessionaires, or
other city contractors operating pursuant to any agreement with the city;__a!_d__e_Elson
dismounted from and walkinq a bicvcle @ shall be exempt from
the restrictions of this division.
Sec. 70-71. Enforcement: Ppenalties.
(a) A violation of the provisions in sections 70-67 and 70-69(a)-(c) bv persons
operatinq electric oersonal assistive mobilitv devices or enqaoed in bicvclinq,
skateboardinq, in-line skatinq, roller skatinq. or operatinq anv motorized means
of transportation. shall be enforced bv a police officer and shall be deemed a
noncriminal infraction as defined in F.S. g 318.13(3) and shall be subject to the
penalties setforth in F.S. $ 316.655.
(a)
403
(b)A violation of the provisions in sections 70-69(d[(e) and 70-70 shall be enforced
in accordance with the following procedures and penalties:
1. lf a code compliance officer finds a violation, the compliance officer shall
issue a notice of violation to the violator as provided in chapter 30. The
notice shall inform the violator of the nature of the violation, amount of
fine for which the violator may be liable, instructions and due date for
paying the fine, notice that the violation may be appealed by requesting
an administrative hearing within 20 days after service of the notice of
violation, and that failure to do so shall constitute an admission of the
violation and waiver of the right to a hearing.
2. A violator who has been served with a notice of violation shall elect either
to:
a. Pay the civil fine as follows:(i) Firstoffense.....$100.00;(ii) Secondoffense.....$250.00;(iii) Third offense .....$500.00;(iv) Forth and subsequent offenses.....$1,000.00; or
b. Request an administrative hearing within 20 days before a special
master appointed as provided in article ll of chapter 30 to appeal
the decision of the code compliance officer which resulted in the
issuance of the notice of violation.
c. lf the offense if a fourth or subsequent offense, it shall also be
considered an habitual offender offense and, in addition to the
penalty set forth in subsection 70-71(b)(2)a.(iv), the city manager
may issue an administrative complaint for the suspension or
revocation of a business tax receipt and certificate of use as
provided in sections 102-383 through 102-385.
lf 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 decisions
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 or an administrative hearing shall
be treated as an admission of the violation and penalties may be
assessed accordingly. The special master shall be prohibited from
hearing the merits of the notice of violation or consideration of the
timeliness of the request for an administrative hearing if the violator has
failed to request an administrative hearing within 20 days of the issuance
of the notice of violation.
Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
The city may institute proceedings in a court of competent jurisdlction to
compel payment of civil fines.
J.
4.
5.
404
6. A certified copy of an order imposing a civil fine may be recorded in the
public records and thereafter shall constitute a lien upon any other real or
personal property owned by the violator and it may be enforced in the
same manner as a court judgment by the sheriffs of this state, including
levy agalnst the personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the
filing of any such lien which remains unpaid, the city may foreclose or
otherurrise execute upon the lien.
€)Z The procedures for appeal of the notice of violation by administrative
hearing shall be as set forth in sections 3Q-72 and 30-73.
SECTION 2. That Article I of Chapter 106 of the Code of the City Miami Beach is hereby
amended as follows:
GHAPTER 106
TRAFFIC AND VEHICLES
***
ARTICLE l. !n General
Sec. 106-3. Vehicles Motorized means of transportation and nonmotorized vehicles IgI[ip prohibited on portion of Lincoln Road: bicvcle restrictions on Lincoln Road Mall: and
exceptions; nonmotorized vehicles for hire prohibited on Ocean Drive.
{d That portion of Lincoln Road lying west of the westerly line of Washington
Avenue to the easterly line of Alton Road (Lincoln Road Mall) is limited to bicycle
and pedestrian traffic; however bicvcle traffic is onlv permitted between the hours
of 2:00 a.m. and 9:00 a.m. dailv and shall be enforced as provided in section 70-
71(a) of the Citv Code.364l-alonmotorized vehicles for hire shall not be
permitted thereon and shall be enforced as provided in Article X of this Chapter.
ln addition, no vehielee motorized means of transportation, as defined in Section
70-66 of the Citv Code. shall be permitted thereon @
Drexel Avenue. Pennsylvania Avense, Meridian Avenue, Jeffersen Avenue;
Miehigan Avenue, anC tenex Avenue and shall be enforced as provided in
section 70-7'l(a) of the Citv Code. This restrietien subsection shall not apply to
fire; Beliee; er maintenanee vehieles eperated by the eity police department and
code comnliance department bicvcle, in-line skate. and electric oersonal assistive
mobilltv device patrol units, vehicles, motorized means of transoortation. or anv
citv service and transit vehicles: citv-contracted securitv and maintenance
services vehicles; service vehicles authorized bv the citv for use bv citv
lesse+sees. concessionaires, or other citv contractors operatinq pursuant to anv
aqreement with the citv: and a person dismounted from and walkinq a bicvcle;ffi.
(!) Nonmotorized vehicles for hire are prohibited on Ocean Drive and shall be
enforced as provided in Article X of this Chapter.
5
405
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance ls held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. GODIFICATION.
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.
SEGTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the
PASSED AND ADOPTED this
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Deede Weithorn)
Underllne denotes additions
Strike+n+eugh denotes deletions
day of _,2014.
day of_,2014.
PHILIP LEVINE, MAYOR
APPROVEDASTO
FORM &LANGUAGE
& FOB EXECUTION
rEs
F:\ATTO\TURN\ORDIl\.lANC\Bicycles on Lincoln Road - Chapter 70 and Chapter 106 Amendments.docx
406
1''llAl'll HERALD I MiamiHerald.com\t IHITRSDAY, MAv 29,2014 | nNEMIAMIBTACFICITY OF MIAMI BEACHNOTICE OF PUBLIC HEARINGSFloida onWodnesday, Jun6 11, 20l4,loconsiderthetollowinq:'10105 a.m,Dale. lnquiies may be diecle.l to the City A orney's Othce al 3O5-O t3 /4 lO'10:10 a,m.hay be dnected to the CLty Attoheys Oltlca at 305-673-747010:15 a.m.Cod licarion And An Efective Dale. kquni1s nay ba tfieated ta the Ptanojne Dopannant ar 305-673-755010:20 a.m.1O:25 a.n.S€verability; And An Efleclive Da\e. lnqunies may bE .ltected to the Plannhq Depadment at 305-673-7550_10:30 a.m.Ssverabiliry; And An EflBcl,ve Dais. lnqo,Ties may b6 diacted to tha Ptanning Depadment at 305-613-/55A.10:35 a.m.S€vembiliryi And tur Efleclive Date. hlquics may be diActed to the Pknnhg Depadment al 305-673 |SSA'10:40 a.m.305 673"7514_11r10 a.m.meellng, or any hem hereln, may be conunoed, and under such circ!mstancs add tionaltegal nolice nee.l nol be prolided.adD ssior ot otherwlse nadmssible orlrelevanl evidence, nordoes it auihorize chalLenqes or appeals nol othetuise allow€d bylaw.preas-a conta.i us five d.ys ,n advan.ie al 305 673 7411(voice) or fTY use6 trray also call the F orida Relay Scruic€ at 711.Baia€lE. Granado, City ClelkCity oi Mi.rm ttoach407
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408
a
-OFFICE
AdiAMIBEACH
OF THE CITY ATTORNEY
TO:
RAUI J. AGUILA, CITY AITORNEY
HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, GITY MANAGER
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
SECOND READING
PUBLIC HEARING
RAUL J. AGUILA, clTY ATToRr.rev'(J-QWifl
RAFAEL E. GRANADO, C|TY CLERK rrat
JUNE 1I,2014
AN ORDINANCE AMENDING GHAPTER 2 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "ADMINISTRATION," By AMENDING ARTICLE t,
ENTITLED "IN GENER^AL," BY GREATING SECTION 2-1,TO BE ENTITLED
"REASONABLE OPPORTUNITY TO BE HEARD," TO PROVIDE RULES
REGARDING PUBLIC PARTICIPATION IN CITY MEETINGS.
During the 2013 Florida Legislative Session, Senate Bill No.50 passed which became
effective October 1,2013. The new lawcreated Section 286.0114 of the Florida Statutes and
requires that members of the public be given a reasonable opportunity to be heard by a board or
commission before it takes action on a proposltion. The new law also provides that if rules or
policies are adopted In compliance with the new statutory provisions, and if such rules are
followed when providing an opportunity for members of the public to be heard, a board or
commission is deemed to be acting in compliance with the new law. Whlle the City of Miami
Beach provides many opportunities for the public to be heard at public meetings, the attached
Ordinance codifies City policies and rules in the City Code with regard to public participation.
This matter was referred by the City Commission at the October 16,2013 City
Commission meeting to the Neighborhood/Community Affairs Committee for its consideration
and review of the City's existing policies and procedures. The Neighborhood/Community Affairs
Committee considered the attached Ordinance at its meeting on February 28,2014 and passed
a motion to send the Ordinance to the City Commission for approval.
The Ordinance was passed on First Reading at the April 23, 2014 City Commission
meeting, and was submitted for adoption on Second Reading at the May 21 , 2014 Commission
meeting. ln order to address public comments received at Second Reading, another Second
Reading Public Hearing was scheduled for the June 11, 2014 City Commission meeting.
Additional, non-material revisions and clarifications are proposed to Sections 2-1(d) and (e) to
define a large group as more than five (5) indlviduals; to confirm that the Chair of a meeting may
provide additional time to speak, in addltion to a majority vote of the board; and, that equal time
may be afforded to speakers for and against a proposition.
The Ordinance is submitted for approval on Second Reading/Public Hearing. ln
addition, a motion approving the recommendation of the Neighborhood/Community Affairs
Committee is requested. As this Ordinance primarily codifies exiting procedures for public
pa(icipation, no fiscal impact will result from its adoption.
RJtuDT/sc
F:\ATTO\TURN\COMMMEMO\Amending Chapter 2 - Resonable Opportunity to Be Heard - June 2014.docx
Agenda ltem RS !
oate L'l l'lL/409
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND GIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
CODE OF THE GITY OF MIAMI BEACH, ENTITLED.,ADMINISTRATION,'' BY AMENDING ARTICLE I, ENTITLED .,IN
GENERAL," BY CREAT]NG SECTION 2-1, TO BE ENTITLED,.REASONABLE OPPORTUNITY TO BE HEARD," TO PROVIDE
RULES REGARDING PUBLIC PARTICIPATION IN GITY MEETINGS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, during the 2013 Legislative Session, the Florida Legislature adopted Senate
Bill 50 which created Section 286.0114 of the Florida Statues establishing requirements for
rules or policies adopted by State or local boards and commissions with regard to the public
being given a reasonable opportunity to be heard by such boards before official action is taken
on a proposition; and
WHEREAS, the Miami Beach City Charter's Bill of Rights provides for a right to be heard
before the City Commission or any City agency, board or department with regard to the
presentation of an issue, request, or controversy within the jurisdiction of the City; and
WHEREAS, in conformance with established City policy and procedures for reasonable
opportunities to be heard by the public, and the new provisions in Section 286.0114 of the
Florida Statutes, the following amendments to Chapter 2 of the City Code are deemed to be in
the best interests of the City.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION {.
That Chapter 2, Section 2-1 of the Miami Beach City Code is hereby amended as follows:
Chapter 2
ADMINISTRATION
ARTICLE I. IN GENEML
410
Sec. 2-1. Re€€n €+ Reasonable opportunitv to be heard.
(a) Members of the public shall be qiven a reasonable opportunitv to be heard and to
provide public comment on a prooosition before the Citv Commission and anv
Citv aqencv, board, or committee. All references in this section to "board" shall
applv to the Citv Commission and all Citv aqencies. boards. and committees
provided for in this Code or created bv a resolution of the Citv Commission. The
opportunitv to be heard need not occur at the same meetinq at which the board
takes official action on the prooosition if the opoortunitv occurs at a meetino that
is durino the decision-makinq process and is within reasonable proximitv in time
before the meetinq at which the board takes official action. This section does not
orohlbit the board from maintaininq orderlv conduct or proper decorum in a public
meetinq. The opoortunitv to be heard is subiect to the restrictions of this section.
(b) The reouirements of this section do not aoplv to:
(1) An official act that must be taken to deal with an emerqencv situation
affectinq the oublic health. welfare. or safetv, if compliance with the
requirements would cause an unreasonable delav in the abilitv of the
board to act:
(2) An official act involvinq no more than a ministerial act, includinq, but not
limited to. approval of minutes and ceremonial proclamations:
(3) A meetinq that is exempt from Florida's Government in the Sunshine Law;
or
(4) A meetinq durinq which the Board is actinq in a quasi-iudicial capacitv.
This paraoraph does not affect the rioht of a person to be heard as
otherwise provided bv law. The portion of a meetinq durlnq which the
board is actlnq in a quasi-iudicial capacitv shall be conducted in
accordance with sections 2-51 1 throuoh 2-513 of the Citv Code.
(c) The Citv Clerk, or the liaison or secretary to anv Citv aqencv, board, or
committee, is herebv authorized to provide a form to anv individual who desires
to be heard in order to inform the board of the oroposition on which an individual
wishes to speak and to lndicate his or her support, opposition, or neutralitv on a
411
proposition: and to indicate his or her desiqnation of a representative, if anv, to
speak for him or her, or his or her qroup, on a proposition.
(d) An individual speaker's time to provide public comment shall be limited to three
(3) minutes; however. additional time for further oublic comment on anv
proposition mav be orovided bv the Mavor or board Chairoerson or bv a maioritv
vote of the board e membership, the b ffi
publie Gemment en a
(e) When @ more than five (5) individuals wish to be
heard on a proposition. the Mavor. or board Chairperson, mav request that a
reoresentative of the qroup or faction speak on behalf of said qroup or faction,
rather than all members of such qroup or faction. ln such event. the
representative shall be limited to five (5) minutes to speak, however, additional
time to soeak mav be provided bv the Mavor or board Chairoerson or bv a
maioritv vote of the board ime
se€peak.
(fl lf determined reasonable bv the Mavor or board chairoerson. or bv a maioritv vote
of the board, an equitable amount of time mav be allotted for public comment in
favor of and aqainst a proposition.
(!g) lf an ordinance fails on first readinq before the Citv Commission pursuant to a
vote or inaction, the reasonable opportunitv to be heard shall be deemed to have
occurred at a Commission Committee meetinq where the ordinance was on the
aqenda and an opportunitv to be heard on the ordinance was provided. or durino
the Dr. Stanlev Sutnick Citizen's Forum held durinq the same Citv Commission
meetinq when the ordinance is on the aqenda for first readinq. ln addition, the
soonsor of the ordinance mav reouest that another opportunitv to be heard be
provided prior to, or after. the Commission's discussion or vote on the ordinance
durinq first readino.
Secs. 2-42 - 2-1O. Reserved.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
412
SECT!ON 3. SEVERABILITY.
lf 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
PASSED and ADOPTED this _ day of
ATTEST:
2014.
2014.
PHILIP LEVINE, MAYOR
MFAEL E. GMNADO; CITY CLERK
Underline denotes additions
S+ke+n+eugh denotes deletions APPHOVEDASTO
FORM & LANGUAGE
& FOR EXECUTION
eJ-C.t-L-e-ft
CityAttorney
lr,/ Date
F:\ATTO\TURN\ORDINANC\Reasonable Opportunity to Be Heard - June 2014.docx
413
MIAMI HERALD i MiamiHer,tld.comNE THURSDAY, f4AY 29,2014 | flNEMIAMIBEACHCIry OF MIAMI BEACHNOTICE OF PUBLIC HEARINGSrlorida. on wodnqday, Juno 11,2014, to considerthe tolowing:'lO:05 a.m.Date. ttlquries rnay be directed tothe City A aney,s O iceat 3A5-673-7470_1O:10 a.m.may be diected to the City A\unov s Officeat 305 673-7470.1O:15 a.m.Codificaiion And Ar Eflecrive Oa\e.lnquinss may be dnected to the pknntlg Dbpadment at 3OS 6t3 6sa10:20 a.m.10:25 a.m.Sev6rabililyl And An Eft€crlve Date. /nqrri6s may be dnected to the Pknnitrg Dcrtanment at 3At6tA-755A_1O:30 a.m,Severabilityi And An Eflecti't, Da\e. lnqDiries may be diected to the plannjng Depannent at 3AS-6/3-t550_Severabilityi And An Eflectiye Dale. lnquties may be dirccted to the Ptanning Oepannent at 3as-6tg .SSO_1O:40 a.m.305-673-/514.11:'10 a.m.mmiinq, orany item herein, may be€onilnued, and undersuch c rcLrmstafces, addit onatlegatnotice need nor be pDvide.t.admission ol othe^viss ina.inrissible or nrelevant evidence, nor does ii author?6 challsnq€s or appeals noi olhe s€ allowed by law.preise cofltact !s I ve diyi in advaf'ie a1 305 673-7411(voi.e) or TTY users may also callthe Floida Relay Servico al 711.aalael E. GEnado, City clerkCity o, M ami Beach414
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment creating a new Concurrency Exemption category.
lntended Outcome Su rted:
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, elc 48Vo of residential respondents and 55% of
businesses rate the effort DUt forth bv the Citv to reoulate is "about the riqht amount. "
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would create a new Concurrency Exemption category for temporary uses in
public rights-of-way.
The Administration recommends that the City Commission approve the Ordinance at First Reading
and schedule a Second Reading Public Hearing for July 23,2014.
On May 27, 2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Financial lnformation:
Source of
Fu nds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
EN DAVO1 4\June\Concurrency Exemption - SUM First Reading.docx
AGENDA ITEM tr 'a -'rE MIAMIBEACH DATE415
g MIAMI BEACH
City of Miomi Beoch, 1 700 Conveniion Center Drive, Miomi Beoch, Florido 331 39, www. miomibeochf .gov
COMMISSION MEMORANDUM
ro: Mayor Philip Levine and n4emUersfttthe CityAommission
tRoM: Jimmy L. Morales, City Manager
ft--, F:
DATE: June 11,2014 \
SU3JFCT: CONCURRENCY EXEMPTIONS I
FIRST REAOING
AN ORDINANCE OF THE MAYOR AND GITY GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY
AMENDING CHAPTER 122, ..CONCURRENCY MANAGEMENT," BY
AMENDING SECTION 122-5, "EXEMPTIONS FROM CONCURRENCY," TO
ADD TEMPORARY USES IN THE PUBLIG RIGHTS OF WAY AS AN
ADDITIONAL EXEMPTION FROM CONCURRENCY REQUIREMENTS,
PROVIDING A PROCEDURE TO DETERMINE ELIGIBILITY FOR SUCH
EXEMPTION; PROVIDING FOR REPEALER; CODIFICATION;
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 July 23,2014.
BACKGROUND
On February 12, 2014, the City Commission had a discussion regarding impact fees for
sidewalk caf6 establishments in North Beach and referred the item to the Planning
Board as an Ordinance Amendment.
During the discussion, the Public Works Director explained that during the process of
obtaining a sidewalk caf6 there are three types of fees that are assessed by the City; a
$150 application fee to cover staff time reviewing the process; a 920 per square foot fee
for the use of the public rights-of-way, which have been waived in North Beach for the
last two years by the Public Works Department at the direction of the Commission; and
a concurrency fee for transportation based on the number of seats proposed.
The concurrency fee is a one{ime fee and is not assessed yearly, but runs with the use
as long as it continues. The concurrency fee is based on the number of trips to the
establishment generated by expanding the restaurant. The concurrency fee is based
on the costs to the City to mitigate traffic to the area and is divided into three
geographical areas: South Beach, below Dade Boulevard; Middle Beach, below 63'd
Street to Dade Boulevard; and North Beach, below the City Line to 63'd Street.
ln consultation with the City Attorney's Office, the Planning Department is proposing a
generic exemption for uses in the public rights-of-way that would allow the City
Commission flexibility in the future.
416
Commission Memorandum
Ordinance - Time Frame Limits
June 11,2014 Page 2 ol 3
Currently, Section 122-5 ol the Land Development Regulations of the City Code contains
eight specific exemptions from obtaining a preliminary concurrency determination or a
final concurrency reservation certificate;
(1) Any development undefiaken by the city that does not require a rezoning,
does not increase in intensity, does not have an associated change of use or that
increases the city's ability to provide essential services and facilities related to health and
safety concerns (fire, police, etc.).
(2) An application requesting modification(s) of a previously approved
development order where the concunency management division has determined that the
impacts on the prescribed levels of service imposed by the requested modification(s) will
be no greater than the impacts imposed by the previously approved development order
or the previously existing use.
(3) An application for the renovation of an historic structure, provided that the
use of the historic structure is not intensified.
(4) An application to develop a parcel of land for single family purposes if no
change in the zoning map is required to accommodate the development.
(5) An application for addition, renovation or reconstruction of a residential
dwelling that does not increase the number of dwelling units existing or approved for the
property.
(6) An application for the construction of, an addition to or renovation of a
guest house, garage apartment or other similar accessory units on parcels zoned to
permit such uses.
(7) An application for a development order for propefty which is subject to a
valid development order approved as a development of regional impact prior to January
1, 2000, pursuant to F.S. ch. 380.
(8) A valid, unexpired final development order approved prior to the adoption
of this chapter.
The proposed ordinance would add an exemption to the list:
(9) Temporarv uses in public riqhts-of-wav. as determined bv the Citv
Commission bv resolution, specifuinq qeoqraphic areas. criteria, and duration of
exemption.
ANALYSIS
Side walk caf6 permits are temporary uses in the public rights-of way, which are
renewed annually through the Public Works Department as discussed in the
history/background section. Presently, the concurrency fee per chair is approximately
$450-$650, depending on the location of the establishment; South Beach, Mid-Beach;
and North Beach. Specifically in North Beach, the fee per chair is currently
approximately $550 per seat. For a small business, this can be a substantial
investment.
The proposed amendment to add an exemption for temporary uses in public rights-of-
way, as determined by the City Commission by resolution, specifying geographic areas,
417
Commission Memorandum
Ordinance - Time Frame Limits
June 11,2014 Page 3 oI 3
criteria, and duration of exemption, would positively impact the areas where it is
proposed to be enacted by incentivizing and encouraging economic growth. The
Planning Department believes that the further activation of storefronts and sidewalks will
create more activity on the street, which cuts down on petty crime and provides a more
walkable area that promotes destination dining and shopping.
PLANNING BOARD REVIEW
On May 27, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2175).
FISCAL IMPACT
ln 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 July 23,2014.
JLM/JMJ/TRM
T:\AGENDA\z014Uune\Concurrency Exemption - MEM First Reading.docx
418
CONCURRENCY EXEM PTIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY
CODE, BY AMENDING CHAPTER 122, "CONCURRENCY
MANAGEMENT," BY AMENDING SECTION 122-5, "EXEMPTIONS
FROM CONCURRENCY,'' TO ADD TEMPORARY USES IN THE
PUBLIC RIGHTS OF WAY AS AN ADDITIONAL EXEMPTION
FROM CONCURRENCY REQUIREMENTS, PROVIDING A
PROCEDURE TO DETERMINE ELIGIBILITY FOR SUCH
EXEMPTION; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations contains a
chapter for concurrency management; and
WHEREAS, the chapter on concurrency management contains a section for
exemptions from concurrency; and
WHEREAS, the section for exemptions from concurrency lists the of types of
developments that are not required to obtain a preliminary concurrency determination or a
f i nal concu rrency reservation certificate; and
WHEREAS, sidewalk cafes are permitted and located in public rights-of-way; and
WHEREAS, the City seeks to modify the list of exemptions from concurrency to
include sidewalk cafes in certain areas of the City; and
WHEREAS, this proposed amendment does not decrease the quality of life for the
residents.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 122,"Concurrency Management," Section 122-5, "Exemptions
from concurrency", of the Land Development Regulations, is hereby amended to read as
follows:
Sec. '122-5. Exemptions from concurrency
(1) Any development undertaken by the city that does not require a rezoning, does not
increase in intensity, does not have an associated change of use or that increases the city's
ability to provide essential services and facilities related to health and safety concerns (fire,
police, etc.).
419
(2) An application requesting modification(s) of a previously approved development
order where the concurrency management division has determined that the impacts on the
prescribed levels of service imposed by the requested modification(s) will be no greater than
the impacts imposed by the previously approved development order or the previously
existing use.
(3) An application for the renovation of an historic structure, provided that the use of the
historic structure is not intensified.
(4) An application to develop a parcel of land for single family purposes if no change in
the zoning map is required to accommodate the development.
(5) An application for addition, renovation or reconstruction of a residential dwelling that
does not increase the number of dwelling units existing or approved for the property.
(6) An application for the construction of, an addition to or renovation of a guest house,
garage apartment or other similar accessory units on parcels zoned to permit such uses.
(7) An application for a development order for property which is subject to a valid
development order approved as a development of regional impact prior to January 1, 2000,
pursuant to F.S. ch. 380.
(8) A valid, unexpired final development order approved prior to the adoption of this
chapter.
(9) Temporary uses in public riqhts-of-wav. as determined bv the Citv Commission bv
resolution, specifying geoqraphic areas, criteria. and duration of exemption.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and pafts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. GODIFICATION.
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.
lf 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
420
PASSED and ADOPTED this _ day of
ATTEST:
CITY CLERK
First Reading: June 11. 2014
Second Reading: July 23,2014
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
T:\AGENDA\2014Uune\Concurrency Exemption - ORD First Reading.docx
2014.
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
L-?'&) ( ) (-
- \ ,r",' 'City'Att6rney
421
THIS PAGE INTENTIONALLY LEFT BLANK
422
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment modifying removal criteria for Land Use Board
Members.
lntended Outcome Su rted:
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would reduce the total number of allowed absences before mandatory
removal from a Board for members of City Land Use Boards from 4 per year to 3 per year.
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 July 23, 2014.
Clerk's Office lative Tracki
AGENDA rrer,r RSK
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to reoulate is "about the riqht amount."
On May 27,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln 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
budqet.
Thomas Mooney
T:\AGENDAVO14\June\Board Member Removal Criteria - SUM First Reading.docx
E MIAMIBEACH DIi.E 6-lblq423
E MIAMIBEACH
Ciiy of Miomi Beoch, I200 Conyention Center Drive, Miomi Beoch, Florido 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUBJECT: BOARD MEMBER REMOVAL C
FIRST READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY
AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW
PROCEDURES," ARTICLE ll, "BOARDS," DIVISION 2, "PLANNING
BOARD," SECTION 118.52, "MEETINGS AND PROCEDURES;''
DIVISION 3, ..DESIGN REVIEW BOARD,'' SECTION 118-74,
"REMOVAL;" DIVISION 4, "HISTORIC PRESERVATION BOARD,"
SECTION 118-105, "REMOVAL;" DMSION 5, "BOARD OF
ADJUSTMENT," SECTION 118.133, "REMOVAL," BY MODIFYING
AND EXPANDING THE REMOVAL CRITERIA OF THE PLANNING
BOARD, DESIGN REVIEW BOARD, HISTORIG PRESERVATION
BOARD, AND BOARD OF ADJUSTMENT, PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMM EN DATION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; 2)
approve the Ordinance at First Reading and schedule a Second Reading Public Hearing
for July 23, 2014; and 3) lnclude an applicability section, as recommended by the
Planning Board, to commence the new criteria on January 1,2015.
BACKGROUND
On February 19,2014, the Land Use and Development Committee ('LUDC') discussed
language proposed for ballot questions pertaining to the City's Land Use Boards. Ballot
language, regarding transfer of Board of Adjustment powers and amendments to the
special related acts, was referred to the full City Commission with a favorable
recommendation.
Additionally, as part of this discussion, the LUDC directed the Administration to study
various aspects of the City's Land Use Board standards and procedures, including the
addition and revision of existing board member removal criteria, and present a draft
Ordinance at itsApril 9,2014 meeting. As a result, on April 9,2014 the LUDC referred
the proposed ordinance to the Planning Board.
RIA
424
Commission Memorandum
Ordinance - Board Member Removal Criteia
June 11, 2014 Page 2 ol 2
ANALYSIS
The intent of the proposed code amendment is to revise the existing criteria for the
removal of members on the Planning Board, Design Review Board, Historic Preservation
Board, and Board of Adjustment. The proposed ordinance would require the removal of
a board member from their respective board, if the member were to miss three (3) of the
regularly scheduled meetings per calendar year.
Currently, the Code requires the removal of a board member when the member abstains
from voting due to a conflict of interest on up to four (4) separate applications within a
period of one year, and if the board member misses 33 percent of the regularly
scheduled meetings per calendar year, which typically amounts to four (4) meetings per
year.
PLANNING BOARD REVIEW
On May 27, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No.2179).
The Planning Board also recommended that the applicability of the new regulations
commence on January 1,2015.
FISCAL IMPACT
ln 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;
2) Approve the Ordinance at First Reading and schedule a Second Reading Public
Hearing for July 23,2014; and
3) lnclude an applicability section, as recommended by the Planning Board, to
commence the new criteria on January 1,2015.
JLM/JMJ/TRM
T:lAGENDAt20l4Uune\Board Member Removal Criteria - MEM First Reading.docx
425
BOARD MEMBER REMOVAL CRITERIA
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY GODE, BY AMENDING CHAPTER 118,
"ADMtNISTRATIVE AND REVIEW PROCEDURES," ARTICLE l!, ,'BOARDS,"
DtvtsloN 2, "PLANNING BOARD," SEGTION 118-52, "MEETINGS AND
PROCEDURES;" DIVISION 3, "DESIGN REVIEW BOARD," SECTION 118-74,
"REMOVAL;" DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION
118-105, "REMOVAL;" DIVISION 5, "BOARD OF ADJUSTMENT," SECTION
118-133, "REMOVAL,'' BY MODIFYING AND EXPANDING THE REMOVAL
CRITERIA OF THE PLANNING BOARD, DESIGN REVIEW BOARD,
HISTORIC PRESERVATION BOARD, AND BOARD OF ADJUSTMENT,
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations provides for the
regulation of land through the appointment of various professional and lay members of the
community to quasi-judicial land use boards; and
WHEREAS, it has become necessary to review and amend the criteria by which
appointed board members retain their positions; and
WHEREAS, the Planning Board recommended approval at its meeting dated May
27,2014 by a vote of6-0; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118, "Administrative and Review Procedures," Article ll, "Boards,"
Division 2, "Planning Board," Section 118-52, "Meetings and procedures," Division 3,
"Design Review Board," Section 118-74, "Removal," Division 4, "Historic Preservation
'Board," Section 118-105, "Removal, and Division 5, "Board of Adjustment," Section 118-
133, -Removal," of the Land Development Regulations, are hereby amended to read as
follows:
Division 2, "Planning Board," Sec.'1 18-52, "Meetings and procedures."
(t) Removal of board memO".". tn the event tnat any ,"r0", of the board fails to attend
three 33-pe+eenlof the regularly scheduled meetings per calendar year{te-ealeulate
, or abstains
from voting on a matter before the board due to a conflict of interest on four different
applications within a period of one year, such member shall cease to be a member of
the board. For purposes of this section, an absence from a meeting shall be defined
as missing more than 50 percent of the scheduled matters unless the member
attended 70 percent of the duration of time of that meeting's agenda. A person who
426
has ceased to be a member of the board due to absences or conflicts of interest shall
not be reappointed to the board for a period of one year from the date of his/her
removal.
Division 3, "Design Review Board," Sec. 118-74, "Removal."
(a) Removal of a design review OlarO ,"r0",
"nrtt
Oe *anlatory when that member:
(1) Fails to attend three 33p+eent of the regularly scheduled meetings per calendar
@absenees',nder the 33 pereent fermula, 0,,1 er
ner*-whele-f,smbee; or
(2) Abstains from votlng due to a conflict of interest on four different applications
within a calendar year.
For purposes of this section, an absence from a meeting shall be defined as
missing 50 percent of the scheduled matters unless the member attended 70
percent of the duration of time of that meeting's agenda. A member who is
removed shall not be reappointed to membership on the board for at least one
year from the date of removal.
(b) Any absences and/or abstentions due to conflict of interest prior to the effective
date of these land development regulations shall not apply for purposes of
removal from board membership.
Division 4, "Historic Preservation Board," Sec. 1 18-105, "Removal."
ln the event any member of the historic preservation board fails to attend three 33pereen+oftheregularlyscheduledmeetingspercalendaryear@
ef absenees under the 33 pereent fermula, 0,4 er less reunds dewn te the next whele
, or abstains from voting
on a matter before the historic preservation board due to a conflict of interest four times
within a period of one year, such member shall cease to be a member of the board. For
purposes of this section, an absence from a meeting shall be defined as missing 50
percent of the scheduled matters unless the member attended 70 percent of the duration
of time of that meeting's agenda. However, abstentions for reason of conflict for matters
relating to amendment of the historic properties database shall not be counted for this
purpose.
Division 5, "Board of Adjustment," Sec. 118-133, "Removal."
ln the event that any member of the board of adjustment fails to three 33-Be+eenlof the
regularlyschedu|edmeetingspercalendaryear
er mere reunds up te the next whele number), or abstains from voting on a matter
before the board due to a conflict of interest on four different applications within a period
of one year, such member shall cease to be a member of the board. For purposes of this
section, an absence from a meeting shall be defined as missing 50 percent of the
scheduled matters unless the member attended 70 percent of the duration of time of that
meeting's agenda. A person who has ceased to be a member of the board due to
427
absences or conflicts of interest shall not be reappointed to the board for a period of one
year from the date of his/her removal.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commlssion, 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.
lf 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:
MAYOR
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
b'3- t l'
First Reading; June 1 1,2014
Second Reading: July 23,2014
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+keth+eu€h denotes deleted lan g uage
T:\AGENDA\2014\June\Board Member Removal Criteria - ORD First Read.docx
Date
428
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment modifying the time limits for certain actions of the
Planninq Board and Board of Adiustment.
lntended Outcome Su rted:
AGENDA ''='
.RS L
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the City to requlate development is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would incorporate the same time frame limitations applicable to the Design
Review and Historic Preservation Boards for continuances, withdrawals and deferrals into the
procedures for the Planning Board and Board of Adjustment.
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 July 23,2014.
On May 27,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial !mpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
ENDAV014\June\Time Frame Limitations - SUM First Reading.docx
E MIAMIBEACH D^IE 6-ll_ tLl429
g MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Center Drlve, Miqmi Beoch, Florido 33I 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUBJECT: TIME FRAME LIMITATIONS FOR DEFERRALS,
WlTHDRAWALS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER II8,
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VIII,..PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"
SECTION 118-352, "PROCEDURE;" ARTICLE lV, "CONDITIONAL USE
PROCEDURE," SECTION I18-193, "APPLICATIONS FOR CONDITIONAL
USES;'' AMENDING THE PROCEDURES FOR THE BOARD OF
ADJUSTMENT AND FOR THE PLANNING BOARD BY PLACING
TIMEFRAME LIM]TATIONS ON APPLIGATIONS FOR PURPOSES OF
DEFERRALS, CONTINUANCES, WITHDRAWALS AND SUBMITTAL OF
APPLICATIONS AND EXHIBITS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFEGTIVE DATE.
ADMINISTRATION RECOMMENDATION
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 July 23,2014.
BACKGROUND
On February 19,2014, the Land Use and Development Committee ('LUDC') discussed
language proposed for ballot questions pertaining to the City's Land Use Boards. Ballot
language, regarding transfer of Board of Adjustment powers and amendments to the
special related acts, was referred to the full City Commission with a favorable
recommendation.
Additionally, as part of this discussion, the LUDC directed the Administration to study
various aspects of the City's Land Use Board standards, including standardized
procedures for deferments, continuances and withdrawals of applications going through
the public hearing process, and present a draft Ordinance at its April 9, 2014 meeting.
As a result, on April 9, 2014 the LUDC referred the item to the Planning Board.
f the City /orri..ionE
FIRST READING
CONT!NUANCES, AND
430
Commission Memorandum
Ordinance - Time Frame Limits
June 11,2014 Page 2 oi 2
ANALYSIS
ln an effort to promote consistency, the proposed ordinance would standardize the
procedures for 'Continuances', 'Withdrawals' and 'Deferrals' for each of the Land Use
Boards. Currently, the Design Review Baord (Section118-257) and Historic Preservation
Board (Section 118-532) utilize the following procedures:
. Applicants may defer an application in writing, and only one time before the
public hearing. This procedure requires the applicant to pay fees associated with
the deferment and re-noticing of the application. The applicant may also request
deferment during the public hearing, but may not withdraw the application after
final action has been taken.o The board may continue an application to a date certain at either the request of
the applicant or at its own discretion. Additionally, the applicant is required to
present to the Board and/or Staff a revised application inclusive of all exhibits no
more than 120 days after the date on which the board continues the matter.o ln the event that the applicant fails to present for approval to the board a revised
application as described above within '120 days of the date the application was
continued, the application shall be deemed null and void.. Deferrals or continuances for a specific application shall not exceed one year
cumulatively for all such continuances or deferrals made by the board, or the
application shall be deemed null and void.. ln the event there is a lack of a quorum, all pending or remaining matters shall be
continued to the next available meeting of the board.
The language described above has been added to the appropriate locations in Section
1 18-352 for the Board of Adjustment and Section 1 18-193 for the Planning Board, as set
forth in the accompanying ordinance amendment.
PLANNING BOARD REVIEW
On May 27,2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2181).
FISCAL IMPAGT
ln 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 July 23,2014.
JLM/JMJ/TRM
T:\AGENDA\2014Uune\Time Frame Limitations - MEM First Reading.docx
431
TIME FRAME LIMITATIONS FOR DEFERRALS, CONTINUANCES, AND
wlTHDRAWALS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VIII,
"PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"
SECTION 118-352, "PROCEDURE;" ARTICLE lV, "CONDITIONAL USE
PROCEDURE,'' SECTION 118-193, ..APPLICATIONS FOR CONDITIONAL
USES;,' AMENDING THE PROCEDURES FOR THE BOARD OF
ADJUSTMENT AND FOR THE PLANN!NG BOARD BY PLACING
TIMEFRAME LIMITATIONS ON APPLICATIONS FOR PURPOSES OF
DEFERRALS, CONTINUANCES, WITHDRAWALS AND SUBMITTAL OF
APPLICATIONS AND EXHIBITS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations provides
for the regulation of land through the appointment of quasi-judicial land use boards;
and
WHEREAS, it has become necessary to review and amend the procedures
by which such boards manage applications within their respective jurisdictions; and
WHEREAS, the Planning Board recommended approval of this Ordinance at
its meeting dated May 27,2014 by a vote of 6-0; and
WHEREAS, the amendments set forth below are necessary to accomplish
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION l. Chapter llS, "Administrative and Review Procedures," Arlicle
Vlll, "Procedures for variances and administrative appeals," Section 118-352
"Procedure," of the Land Development Regulations, is hereby amended to read as
follows:
(c) Effect of deferment. continuances. withdrawal or denial. Upon the withdrawal or
denial of an application for a variance from the provisions of these land
development regulations, no new application may be filed for such variance
within six months following such withdrawal or denial, unless, however, the
decision of the board of adjustment taking any such final action is made without
prejudice, or unless the withdrawal of such application is permitted to be made
without prejudice.
with the planning; design and histerie preservatien divisien prier te the giving ef
any netiee required by these land develepment regulatiens; etherwise, all sueh
requests fer withdrawal shall be with prejudiee' save and exeeBt that the beard
ef adjustment may permit withdrawals witheut prejudiee at the time the
432
7.
An applicant mav defer an application before the public hearinq onlv one
time. The request to defer shall be in writinq. When an apolication is
deferred. it shall be re-noticed at the applicant's expense as provided
insection 118-357(2). The applicant shall also pay a deferral fee as set
forth in this article. ln the event that the application is not presented to the
board for approval at the meetins date for which the application was
deferred. the application shall be deemed null and void. lf the apolication
is deferred bv the board, the notice requirements shall be the same as for
a new apolication as provided insection 118-357(2). and shall be atthe
citv's expense.
The board mav continue an application to a date ce(ain at either the
request of the applicant or at its own discretion.
ln the event the aoplication is continued due to the excessive lenqth of an
aqenda or in order for the applicant to address specific concerns
expressed bv the board and/or staff. the applicant shall oresent for
approval to the board a revised application inclusive of all required
exhibits that attempts to address the concerns of the board and/or staff,
for the date certain set bv the board. which shall be no more than 120
davs after the date on which the board continues the matter.
ln the event that the applicant fails to present for approval to the board. a
revised application as described above within 120 davs of the date the
apolication was continued, the application shall be deemed null and void.
Deferrals or continuances for a specific application shall not exceed one
vear cumulativelv for all such continuances or deferrals made bv the
board, or the application shall be deemed null and void.
An apolication mav be withdrawn bv the applicant if such request is in
writinq and filed with the plannino department prior to the public hearinq,
or requested durinq the public hearinq. provided. however, that no
application mav be withdrawn after final action has been taken. Upon a
withdrawal or final denial of an application bv the board of adiustment the
same application cannot be filed within six months of the date of the
withdrawal or denial unless. however, the decision of the board takinq any
such action is made without preiudice to refile.
ln the event there is a lack of a ouorum, all pendinq or remaininq matters
shall be automaticallv continued to the next available meetinq of the
board.
SECTION 2. Chapter 118, "Administrative and Review Procedures," Article lV,
"Conditional use procedure," Section 1 18-193, "Applications for Conditional Uses," of
the Land Development Regulations, is hereby amended to read as follows:
Section 1 18-193(2). Time limitations.
b. An applicant mav defer an apolication before the public hearino onlv one
time. The request to defer shall be in writinq. When an application is
deferred. il shall be re-noticed at the applicant's expense as provided
in section 118-196(5). The applicant shall also pav a deferral fee as set
forth in this article. ln the event that the application is not presented to
the board for aporoval at the meetinq date for which the application was
deferred, the application shall be deemed null and void. lf the
application is deferred bv the board. the notice requirements shall be
1.
2.
3.
4.
5.
6.
433
the same as for a new application as provided insection 118-196(5),
and shall be at the citv's expense.
c. The board mav continue an application to a date certain at either the
request of the applicant or at its own discretion.
d. ln the event the application is continued due to the excessive lenqth of
an aqenda or in order for the aoplicant to address specific concerns
expressed by the board and/or staff. the applicant shall present for
approval to the board a revised application inclusive of all required
exhibits that attempts to address the concerns of the board and/or staff.
for the date certain set bv the board. which shall be no more than 120
days afterthe date on which the board continues the matter.
e. ln the event that the applicant fails to present for aoproval to the board. a
revised application as described above within 120 davs of the date the
application was continued. the application shall be deemed null and
void.
f. Deferrals or continuances for a specific application shall not exceed one
vear cumulativelv for all such continuances or deferrals made bv the
board, or the aoplication shall be deemed null and void.
g. An application mav be withdrawn bv the applicant if such request is in
writinq and filed with the planninq department prior to the public hearinq,
or requested durinq the public hearinq. provided. however, that no
application mav be withdrawn after final action has been taken. Upon a
withdrawal or final denial of an application bv the planninq board the
same application cannot be filed within six months of the date of the
withdrawal or denial unless, however, the decision of the board takino
anv such action is made without preiudice to refile.
h. ln the event there is a lack of a ouorum, all pendino or remainino matters
shall be automaticallv continued to the next available meetinq of the
board.
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. 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 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held
invalid, the remainder shall not be affected by such invalidity.
434
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this
ATTEST:
CITY CLERK
day of 2014.
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
City Attorney
v-3' \k
First Reading: June 1 1,2014
Second Reading: July 23,2014
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+i*e+nreugh denotes deleted lang uage
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435
THIS PAGE INTENTIONALLY LEFT BLANK
436
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment transferring variance and flood plain waiver
authoritv to the Desion Review and Historic Preservation Boards.
lntended Outcome Su rted:
Item Summary/Recommendation :
FIRST REAOING
The proposed Ordinance would transfer variance and flood plain waiver authority from the Board of
Adjustment to the Design Review Board (DRB) and Historic Preservation Board (HPB) for those
projects falling within the jurisdiction of the DRB and HPB.
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 September 10,2014.
Clerk's Office islative Tracki
t20l4UuneVariance and Flood Plain Authority - SUM First Reading.docx
AGEHDA'"0' RS M
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to requlate is "about the riqht amount."
On May 27 ,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
E MIAMIBEACH OATE437
g MIAMI BEACH
City of Aliomi Beoch, 1 700 Convention Center Drive, Miomi Beoch, Florldo 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of mtsston
FRoM: Jimmy L. Morales, City Manager
DATE: June 11, 2014
SUBJECT: TRANSFER OF VARIANCE AND LOOD PLAIN WAIVER AUTHORITY TO
THE DESIGN REVIEW BOARD HISTORIC PRESERVATION BOARD
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 1.18,..ADMINISTRATIVE AND REVIEW PROGEDURES," ARTIGLE VIII,,.PROCEDURE FOR VARIANGES AND ADMINISTRATIVE APPEALS,"
SECTION I18-351, ..DETERMINATION OF JURlSDICTION," SECTION I18-
352, "PROCEDURE;" ARTICLE ll, "BOARDS," DIVISION 3, "DESIGN
REVIEW BOARD," SECTION 118-71, "POWERS AND DUTIES;" DIVISION
4, "HISTORIC PRESERVATION BOARD," SECTION 102, ,'POWERS AND
DUTIES;" DMSION 5, "BOARD OF ADJUSTMENT," SECTION 118-136,
"POWERS AND DUTIES;" TO AMEND THE JURISDICTION OF THE
BOARDS OF ADJUSTMENT, DESIGN REVIEW, AND HISTORIC
PRESERVATION BY AUTHORIZING THE DESIGN REVIEW AND
HISTORIC PRESERVATION BOARDS TO GRANT VARIANCES
PRESENTED IN APPLICATIONS wlTHIN THEIR RESPECTIVE
JURISDICTIONS, AMENDING THE AUTHORITY OF THE BOARD OF
ADJUSTMENT TO REFLECT THAT CHANGED AUTHORIZATION, AND TO
TRANSFER THE AUTHORIry OF THE BOARD OF ADJUSTMENT ACTING
AS THE FLOOD PLAIN MANAGEMENT BOARD TO THE DESIGN REVIEW
AND HISTORIG PRESERVATION BOARDS, TO AUTHORIZE SUCH
BOARDS TO GRANT VARIANCES FROM THE FLOOD PLA!N
ORDINANCE FOR APPLICATIONS WITHIN THEIR RESPECTIVE
JURISDICTIONS; PROVIDING FOR REPEALER; CODIFIGATION;
SEVERABILITY AND AN EFFECTIVE DATE.
ADM!NISTRATION REGOMMENDATION
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 September 10,2014.
BACKGROUND
On February 19,2014, the Land Use and Development Committee ("LUDC') discussed
language proposed for ballot questions pertaining to the City's Land Use Boards. Ballot
language, regarding transfer of Board of Adjustment powers and amendments to the
City
FIRST READING
438
Commission Memorandum
Ordinance - Variance and Flood Plain Authority
.ltnc 11 2014 PhdF ? ^f ?
special related acts, was referred to the full City Commission with a favorable
recommendation.
Additionally, as part of this discussion, the LUDC directed the Administration to study
various aspects of the City's Land Use Board standards and procedures, and present a
draft Ordinance at its April 9, 2014 meeting. ln an effort to streamline the public hearing
process, a draft Ordinance was presented to the LUDC that recommended that both the
Design Review Board (DRB) and Historic Preservation Board (HPB) be able to vote on
variances that arise out of their review of the pro,lects within their respective jurisdictions.
The draft ordinance also recommended transferring the authority of the Flood Plain
Management Board to the HPB and DRB again, for their respective jurisdictions. As a
result, on April 9, 2014 the LUDC referred the proposed ordinance to the Planning
Board.
ANALYSIS
The intent of the proposed ordinance amendment is focused on streamlining the City's
land use board public hearing review processes. The amendment would permit variance
requests arising out of the projects being heard by either the DRB and/or HPB, to be
reviewed and voted on by those boards, rather than necessitating the applicant to file a
separate variance application, and have separate hearings, with the Board of
Adjustment (BOA).
Additionally, as matters of flood waivers for historic buildings are better suited for the
HPB, and similarly for pre-1942 architecturally significant homes being heard by the
DRB, the proposed ordinance would transfer the authority of the Flood Plain
Management Board from the BOA to the HPB and DRB. for projects within their
respective jurisdictions.
The proposed Ordinance is subject to an affirmative vote of the electorate, in order to
amend the Related Special Acts. The special election is scheduled for August 26, 2014.
Accordingly, the Administration is recommending that Second Reading / Adoption take
place on September 10,2014, assuming a favorable vote by the electorate.
PLANNING BOARD REVIEW
On May 27,2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2182).
FISCAL IMPACT
ln 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 September 10,2014.
JLM/JIVJ/TRM
T:\AGENDAV0I4Uunevariance and Flood Plain Authority - MENiI First Reading.docx
439
TRANSFER OF VARIANCE AND FLOOD PLAIN WAIVER AUTHORITY TO THE DESIGN
REVIEW BOARD AND HISTORIC PRESERVATION BOARD.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,..ADMIN]STRATIVE AND REVIEW PROCEDURES," ARTIGLE VIII,
..PROGEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"
SECTION 118-351, "DETERMINATION OF JURISDICTION,'' SECTION
118-352, "PROGEDURE;" ARTICLE ll,'BOARDS," DIVISION 3, "DESIGN
REVIEW BOARD," SECTION 118-71, "POWERS AND DUTIES;" DIVISION
4, "HISTORIC PRESERVATION BOARD," SECTION 102, "POWERS AND
DUTIES;" DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-136,
"POWERS AND DUTIES;" TO AMEND THE JURISDIGTION OF THE
BOARDS OF ADJUSTMENT, DESIGN REVIEW, AND HISTORIC
PRESERVATION BY AUTHORIZING THE DESIGN REVIEW AND
HISTORIC PRESERVATION BOARDS TO GRANT VARIANCES
PRESENTED IN APPLICATIONS WITHIN THEIR RESPECTIVE
JURISDICTIONS, AMENDING THE AUTHORITY OF THE BOARD OF
ADJUSTMENT TO REFLECT THAT CHANGED AUTHORIZATION, AND
TO TRANSFER THE AUTHORITY OF THE BOARD OF ADJUSTMENT
ACTING AS THE FLOOD PLAIN MANAGEMENT BOARD TO THE
DESIGN REVIEW AND HISTORIG PRESERVATION BOARDS, TO
AUTHORIZE SUCH BOARDS TO GRANT VARIANCES FROM THE
FLOOD PLAIN ORDINANGE FOR APPLICATIONS WITHIN THEIR
RESPECTIVE JURISDICTIONS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFEGTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations provides for the
regulation of land and establishes the jurisdiction and authority of the various land use
boards within the City, and
WHEREAS, the City Commission has determined that it is in the best interests of the
City to reorganize the responsibilities of the various land use boards, so that the process is
made more efficient for property owners seeking development approvals from land use
boards; and
WHEREAS, one efficiency that the Commission seeks to provide through this
ordinance is to allow the Design Review Board and Historic Preservation Board, when
applications are presented to them, to consider and if appropriate grant variances that are
contained in such plans, and expressly requested as part of the applications presented, and
WHEREAS, when the Design Review Board and Historic Preservation Board are
considering plans that have flood plain implications, such boards should also have the
authority to grant variances from the flood plain regulations, where appropriate; and
WHEREAS, the Planning Board recommended approval at its meeting dated May
27,2014 by a vote of 6-0 ; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
440
NOW THEREFORE, BE 1T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118, "Administrative and Review Procedures," Article Vlll,
"Procedure for variances and administrative appeals," Sections 118-351, "Determination of
Jurisdiction,' and 1'18-352, "Procedure," of the Land Development Regulations, are hereby
amended to read as follows:
Sec. 1 1 8-351 . Determination of jurisdiction.
All variance requests shall be submitted to the city attorney for a determination of
whether the requested variance or administrative appeal is properly before the board of
adjustment, desiqn review board, or historic preservation board, and whether it
constitutes a change or amendment to these land development regulations. The
jurisdiction of the each board ef-adjustment shall not attach unless and until the board
has before it a written opinion from the city attorney that the subject matter of the
request is properly before the board. The written recommendations of the planning and
z€ntng director shall be before the board prior to its consideration of any matter before
it. Comments from other departments, including, but not limited to, the public works
department and the planning, design and historic preservation division, shall be
incorporated into these recommendations.
Sec. 1 18-352. Procedure.
(e)Requests for variances before the desiqn review board or historic preservation board
shall follow the procedures for consideration of apolications set forth in the land
development requlations for those boards.
SECTION 2. Chapter 118, "Administrative and Review Procedures," Article ll, "Boards,"
Division 3, "Design Review Board," Sec.118-71, "Powers and Duties," Division 4, "Historic
Preservation Board,"Sec.118-102, "Powers and Duties," and Division 5, "Board of
Adjustment," Sec. 118-136, "Powers and duties," of the Land Development Regulations, are
hereby amended to read as follows:
Division 3, "Design Review Board," Sec.118-71, "Powers and Duties."
(6) To authorize the orantino of irariances accirdinq to the vlriance rules, orocedures
and criteria in section 1 18-353, 1 18-355, 1 18-356 and 1 18-357, upon application for
oroiects fallino within the iurisdiction of this board. An affirmative vote of five-
sevenths of all members of the board shall be necessary to approve anv variance
request. ln qrantinq a variance. the desiqn review board may prescribe appropriate
conditions and safequards. Violation of such conditions and safequards, when
made a part of the terms under which the variance is qranted. shall be deemed a
violation of these land development requlations.
(7) The desiqn review board shall serve as the citv's floodplain management board for
aoplications concerninq properties within its iurisdiction. and shall have the authoritv
to exercise all oowers and perform all duties assiqned to such board pursuant to
section 54-31 et seq. and Resolution No. 93-20698. and in accordance with the
441
procedures set forth therein as such ordinance and resolution mav be amended
from time to time.
Division 4, "Historic Preservation Board,"Sec.'1 18-102, "Powers and Duties.'
(5)To authorize the qrantinq of variances accordinq to the variance rules, procedures
and criteria in section 1'18-353, 118-355, 118-356 and 118-357. upon application for
proiects fallinq within the iurisdiction of this board. An affirmative vote of five-
sevenths of all members of the board shall be necessary to approve anv variance
request. ln orantinq a variance, the historic preservation board mav prescribe
appropriate conditions and safequards. Violation of such conditions and safeouards,
when made a part of the terms under which the variance is qranted, shall be deemed
a violation of these land development requlations. @
with regard te varianeee asseeiated with preperties designa+ed as histerie sites,
in+
(13) The historic preservation board shall serve as the citv's floodplain manaqement
board for applications concerninq oroperties within its iurisdiction. and shall have
the authoritv to exercise all powers and perform all duties assiqned to such board
pursuant to section 54-31 et seq. and Resolution No. 93-20698, and in accordance
with the procedures set forth therein as such ordinance and resolution mav be
amended from time to time.
Division 5, "Board of Adjustment," Sec. 1 18-136, "Powers and duties."
(2)To authorize, upon application, a--sueh-variances from the terms of these land
development regulations as will not be contrary to the public interest when, owing to
special conditions, a literal enforcement of a provision of these land development
regulations would result in unnecessary and undue hardship, except variances
requested as part of applications within the iurisdiction of the desiqn review board or
historic preservation board. An affirmative vote of five-sevenths of all members of the
board shall be necessary to approve any variance request.
(b) The board of adjustment shall serve as the city's floodplain management board, for
properties within its iurisdiction, and shall have the authority to exercise all powers
and perform all duties assigned to such board pursuant to section 54-31 et seq. and
Resolution No. 93-20698, and in accordance with the procedures set forth therein as
such ordinance and resolution may be amended from time to time.
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.
442
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
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 5. SEVERABILITY.
lf 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 2014.
ATTEST:
MAYOR
GITY CLERK
First Reading:
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
:\- t'5-([
First Reading: June 1 1, 2014
Second Reading: September 10,2014
Verified by:
Thomas R. Mooney, AICP
Acting Planning Director
Underscore denotes new language
S+rikethrecgh denotes deleted language
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Condensed Title:
An Ordinance 70 Of The Gode Of The City Of Miami Beach, Entitled 'Miscellaneous Otfenses,"
By Amending Article li, Entitled "Public Places,' By Amendlng Division 2, Entitled 'Bicycling, Skateboarding, Roller
Skating, ln-Line Skating, And Motorized Means Of Transportation,' By Amending Section 70-69, Entitled
"Responsibilities Of Bicyclists, Skaters, And Persons Operating Electric Personal Assistive Mobility Devices," By
Amending The Responsibilities Set Forth Therein; By Amending Section 7&70, Entitled 'Responsibilities Of Persons
And Business Entities Providing Rentals, Leases And /Or Tours Of Electric Personal Assistive Mobility Devices' By
Amending The Responsibilities Set Forth Therein; By Amending Section 70-71 , Entitled "Enforcement; Penalties'To
Provide Additional Penalties For Violations Of Sections 70-69(D)-(E) And 70-70; Providing For Repealer, Severability,
Codification. And The Time To A Violation And An Effective Date.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Miami Beach Community
Satisfaction Survey Final Report, nearly half of residents (48%) claimed they would ride bicycles;this is considerably
believe there are too few bike
lssue:
Item Summary/Recommendation :
At its 24, 2012 meeting, the City Commission passed and adopted Ordinance No. 2012-3780 and
Resolution No.2012-28041 which provided various regulations concerning Segways. The Ordinance amended
Chapter 70, Article ll, Division 2 of the City Code, and in particular, Sections 70-66, 70-67, 70-68, 70-69, 70-70, and
added Section 7O-71. The Ordinance restricted the speed of Segways to eight (8) MPH on all sidewalks, sidewalk
areas, and bicycle paths, and prohibited the operation of Segways on interior pathwayswithin South Pointe Park and
Collins Park and on the sidewalk on the west side of Ocean Drive between South Pointe Drive and 1Sth Street. ln
addition to the regulations provided in the City's Code and Administrative Rules, federal regulations prohibit electric
personal assistive mobility devices on any bicycle transportation and pedestrian walkway facility, including trails,
funded under the Federal-aid highway funding program categories. Pursuant to 23 U.S.C. S 217, an exception to the
federal prohibition is if a mobility device is used by persons with mobility related disabilities. A substantial portion of
the City's existing Beachwalk was funded by the Transportation Enhancement Program (TEP), a Federal Highway
Administration (FHWA) discretionary grant program administered locally by the Miami-Dade Metropolitan Planning
Organization (MPO) and the Florida Department of Transportation (FDOT).
ln the interest of enhancing safety, promoting pedestrian and bicycle-use along the City's coastal pathways, and in
response to recuning complaints from the community, as well as a result of observations regarding the use of
Segways on the City's Beachwalks and the Lummus Park Promenade (also known as the Serpentine Walkway),
Commission adopted the ordinance prohibiting motorized means of transportation, except for wheelchairs or other
motorized means of transportation when used by disabled persons, in, on or upon the following areas A) the
Beachwalk between 1srh and 23'd Streets and between 64th and 79th Streets, B) Lummus Park Prom6nade between
Sth and '1 sth Streets; C) The sidewalks on the east side Of Ocean Drive between South Pointe Drive and 1sth Street;
D) The South Pointe Park Cutwalk adjacent and parallel to Govemment Cut; E) The Marina Baywalk adjacent and
parallel to Biscayne Bay and South of sth Street.
ln addition to the modiflcations passed on second reading during the May 21, 2014 City Commission meeting, the
Commission directed Administration to present additional modiflcations at the June 1 1 , 2014 Commission Meeting
for first reading. The modifications identified by Commission pertain specifically to the safety of pedestrians,
emergency response to collisions, and the implementation of stricter penalties for insurance violations by business
entities providing Segway rentals, leases, and/or tours. The fine schedules for insurance violations have been
separated from other violations, and fine amounts have been increased.
During the May 21,2Q14 City Commission meeting, residents also provided suggestions to make the ordinance
stricter. The suggestions were carefully analyzed by staff. Staff found that some ofthe suggestions are already
covered under the exisling ordinance. The suggestions that are not cunently covered in the ordinance will be brought
to the Neighborhood and Community Affairs Committee, for discussion and input as instructed by City Commission.
THE ADMINISTRATION RECOMMENDS THAT THE ORDINANCE BE ADOPTED ON FIRST READING.
N/A
Financial lnformation:
Source of
Funds:
Amount Account
I
OBPI Total
Financial lmpact Summary: None.
Jose R. Gonzalez X6768
Means Of Transporlation on Beachwa k SUMM.doc
AN IAAN IBEACH 445
g MIAMI BEACH
Cify of Miomi Beoch, lZ00 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 11, 2014
AN ORDINANCE AMENDING C
BEACH, ENTITLED ..MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II,
ENTITLED "PUBLIG pLAGES," ByAMENDING DIVIStON 2, ENTITLED,,BlCyCLlNG,
SKATEBOARDING, ROLLER SKATING, IN.LINE SKATING, AND MOTORIZED MEANS
OF TRANSPORTATION," BY AMENDING SECTION 70-69, ENTITLED
..RESPONSIBILITIES OF BICYCLISTS, SKATERS, AND PERSONS OPERATING
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES,'' BY AMENDING THE
RESPONSIBILITIES SET FORTH THEREIN BY AMENDING SECTION 70.70,
ENTITLED "RESPONS!B!LITIES OF PERSONS AND BUSINESS ENTITIES
PROVIDING RENTALS, LEASES AND /OR TOURS OF ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES" BY AMENDING THE RESPONSIBILITIES SET
FORTH THEREIN; BY AMENDING SEGTION 70-71, ENTITLED "ENFORCEMENT;
PENALTIES" TO PROVIDE ADDITIONAL PENALTIES FOR VIOLATIONS OF
SEGTIONS 70-69(D)-(E) AND 70-70; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AMENDING THE TIME TO APPEAL A VOLATION AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this item be adopted on First Reading.
FINANCIAL IMPACT
Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic
impact (at least 5 years) of proposed legislative actions." Staff has determined that there will not be
a fiscal impact on the City's budget by enacting the proposed ordinance. The implementation of the
proposed Ordinance would not require additional staffing. Enforcement of the proposed Ordinance
would be achieved through the Code Compliance and Police Departments, utilizing existing
resources.
BACKGROUND
ln 2007, the City of Miami Beach (City) adopted the Atlantic Greenway Network (AGN) master plan
to create a safer environment for pedestrians and bicyclists. The AGN proposed a comprehensive
network of pedestrian and bicycle facilities that provide direct access to important destinations within
the City, linking residential neighborhoods, commercial centers, and parks. The Beachwalk and
Baywalk are major components of the AGN system and facilitate the use of alternative and
sustainable forms of transportation throughout the City.
The dense urban environment of Miami Beach leads to a high percentage of users competing for
public space, including pedestrian pathways and sidewalks. Recently, the use has increased with
TO:
FROM:
DATE:
SUBJECT:
the Commission
FIRST READING
PUBLIC HEARING
R 70 OF THE CODE OF THE CITY OF MIAMI
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Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 11, 2014
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Electric Personal Assistive Mobility Devices (also known as Segways) along the City's Beachwalk.
Recently, this has also included the use of Electric Personal Assistive Mobility Devices (also known
as Segways) along the City's Beachwalk. Recent complaints with regard to Segway use in the City
have ranged from the speed at which the users pass pedestrians, often without any warning to the
pedestrian; careless and reckless behavior by the users causing congestion and fear of injury on
heavily traveled pedestrian walkways; and collisions with pedestrians causing personal injuries.
GURRENT REGULATIONS
At its October 24,2012 meeting, the City Commission passed and adopted Ordinance No. 2012-
3780 and Resolution No. 2012-28041 which provided various regulations concerning Segways. The
Ordinance amended Chapter 70, Article ll, Division 2 of the City Code, and in particular, Sections
70-66,70-67,70-68, 70-69, 70-70, and added Section 70-71. The Ordinance restricted the speed of
Segways to eight (8) MPH on all sidewalks, sidewalk areas, and bicycle paths, and prohibited the
operation of Segways on interior pathways within South Pointe Park and Collins Park and on the
sidewalk on the west side of Ocean Drive between South Pointe Drive and 1sth Street. Pre-existing
code provisions prohibit motorized means of transportation, except for wheelchairs or other
motorized devices, when used by disabled persons in, on, or upon any portion of Lincoln Road Mall
from the west sidewalk of Washington Avenue to the east sidewalk of Alton Road.
Resolution No. 2012-28041 (Attachment A) set forth Administrative Rules to address electric
personal assistive mobility devices. Administrative Rules are provided for in Sections 70-69 and 70-
70 of the City Code, pursuant to Ordinance No. 2012-3780. The Administrative Rules provide
regulations, in addition to those set forth in City Code, for the safe operation of electric personal
assistive mobility devices within the City and set forth various responslbilities for a) persons and
business entities providing rentals, leases, and/or tours of electric personal assistive mobility
devices, and b) operators of electric personal assistive mobility devices. The Administrative Rules
are as follows:
Responsibilities of Persons and Business Entities Providinq Rentals Leases and/or Tours of
Electric Personal Assistive Mobilitv Devices
a) TheinsurancerequiredpursuanttoSectionT0-70(b)oftheCityCodeshall beobtainedfrom
an insurance company that is Best rated of B+ Vl, or better, and shall include medical
payment coverage no less than $25,000 for any injured persons and a minimum of
$1,000,000 in liability insurance coverage that includes any and all renters/lessees as
named or additional insureds.
b) The name and telephone numbers of the person or business entity that rents/leases and/or
provides tours for electric personal assistive mobility devices, as well as a device lD number,
shall be affixed on the personal assistive mobility device with lettering and numbers at least
4" in height.
c) Prior to renting or leasing an electric personal assistive mobility device, the user of the
device must be trained as to the safe operation of the device.
d) Accidents regarding electric personal assistive mobilitydevices shall be promptly reported to
the Miami Beach Police Department and Miami Beach Fire Rescue.
e) The City Code and these Administrative Rules shall be posted in a conspicuous place of any
business entity renting/leasing and/or providing tours for electric personal assistive mobility
devices.
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Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
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0 Electric assistive personal mobility devices shall not be leased, rented, or used fortours after
sunset or before sunrise or during inclement weather.
g) Electric personal assistive mobility devices shall not be put into service for use by the public
when it is suspected that the device is unsafe.
h) Electric personal mobility devices shall not be leased or rented to a person who is believed
to be incompetent to operate the device or who might be recklessly indifferent to the safety
of others.
i) Electric personal assistive mobility devices shall not be rented or leased to, or used for tours
by, any person under the age of 16 or under 100 pounds in weight.
Resoonsibilities of Ooerators of Electric Personal Assistive Mobilitv Devices
a) lf an operator has an accident with a pedestrian or other person, the operator must
immediately report the accident to the Miami Beach Police Department and Miami Beach
Fire Rescue. ln addition, the operator must i) remain on the scene until a police officer
arrives, ii) identify himself/herself to the victim and to the police officer, and iii) provide to the
victim and the police officer the name of the person or business that leased or rented the
device.
b) Operators of personal assistive mobility devices shall not operate the device in a reckless
manner, nor shall the operator obstruct or endanger pedestrian or vehicular traffic.
c) Electric personal assistive mobility devices shall not be operated after sunset or before
sunrise or during inclement weather.
ANALYS!S
ln addition to City Code regulations contained in Chapter 70 and in the City's Administrative Rules,
Section 82-438 of the City Code prohibits wheeled conveyances on the wooden elevated
Boardwalk, between 24th and4Sth Streels, exceptwhen required bydisabled persons, strollers, oras
required by fire, police, ocean rescue, or other city employees and agents as may be authorized by
the City Manager.
Currently, in Section 70-67 of the City Code, motorized means of transportation, except for
wheelchairs or other such motorized devices when used by disabled persons, are prohibited in the
following areas:
. any portion of Lincoln Road Mall between the west side of Washington Avenue and the east
side of Alton Roado on the west side of Ocean Drive between South Pointe Drive and 1Sft Streeto on the interior pathways within South Pointe Park and Collins Park
Attachment B depicts a map of the City's coastal pathways, both existing and planned, where
Segways are prohibited, either by U.S. Code and/or City Code (cunentand proposed). Additionally,
for clarification purposes, the map depicts the interior pathways of South Pointe Park and Collins
Park where are prohibited as a result of existing City Code provisions.
ln addition to the regulations provided in the City's Code and Administrative Rules, federal
regulations prohibit (certain motorized vehicles) including electric personal assistive mobility devices
on any bicycle transportation and pedestrian walkway facility, including trails, funded under the
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Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 11,2014
Page 4 of 6
Federal-aid highway funding program categories. Pursuant to 23 U.S.C. S 217 , an exception to the
federal prohibition is if a mobility device is used by persons with mobility related disabilities. A
substantial portion of the City's existing Beachwalk was funded by the Transportation Enhancement
Program (TEP), a Federal Highway Administration (FHWA) discretionary grant program
administered locally by the Miami-Dade Metropolitan Planning Organization (MPO) and the Florida
Department of Transportation (FDOT). Existing federally-funded portions of the Beachwalk include
the segments between 15th and 23'd Streets and between 64th and 79th Streets. There are several
federally-funded portions of the Beachwalk that are currently in the design development or
construction phase. Once these segments are constructed and open to the public, motorized
means of transportation, including Segways, will be prohibited by federal law. Further, a few
privately-funded segments of Beachwalk are currently in construction. Since these segments are
located adjacent to or between federally-funded portions of the Beachwalk or the existing boardwalk,
motorized means of transportation will also be prohibited along these segments should the City
Commission approve the proposed Ordinance.
PROPOSED ORDINANCE
At its May 21, 2014 meeting, the City Commission adopted an Ordinance amending Section 70-67
of the City Code to prohibit the operation of any motorized means of transportation at any time,
except for wheelchairs or other motorized means of transportation when used by disabled persons
in, on, or upon the following areas:
r Beachwalk between 15th and 23'd Streetso Beachwalk between 64th and 79th Streetsr Lummus Park Promenade (also known as the Lummus Park Serpentine Walkway) between
Sth and 15h Streetsr Sidewalks on the east side Of Ocean Drive between South Pointe Drive and 1Sth Street. South Pointe Park cutwalk adjacent and parallel to Government Cut. Marina Baywalk adjacent and parallel to Biscayne Bay and South of 5th Street
When the item was presented for second reading on April 23,2014, additional areas were added
where Segways and other motorized means of transportation would be prohibited, specifically the
sidewalks on the east side of Ocean Drive between South Pointe Drive and 1Sth Street, the South
Pointe Park Cutwalk adjacent and parallel to Government Cut and the Marina Bayralk adjacent and
parallel to Biscayne Bay and south of 5th Street, thus an additional second reading/public hearing
was scheduled for May 21,2014 to add additional prohibited areas.
The discussion also included the need for stricter penalties violations of Chapter 70, Article ll,
Division 2, regarding the operations of Segways (Electric PersonalAssistive Mobility Devices). After
careful consideration and research, the Administration has included various modifications consistent
with the input received by the Commission in the current proposed Ordinance. The additional
modifications include stricter penalties for insurance violations for business entities providing rentals,
leases, and/or tours. As aforementioned, pursuant to Section 70-70(b), such business entities
providing rentals, leases, and/or tours must provide a minimum of $1,000,000.00 in liability
insurance coverage from an insurance company that is Best rated B+ Vl or better, that includes
medical payment coverage no less than $25,000 for any injured persons, and that includes City of
Miami Beach and all renters and lessees as a named or additional insured. The fine schedule for
failure to comply with this section has also been modified. The new fine schedule is as follows:
First offense .........$t,000.00;
Second offense .....$2,500.00;
Third and Fourth subsequent offenses.... $5,000.00;
(i)
(ii)
(iii)
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Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
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Business entities providing rentals, leases, and/or tours must cease all operations until they have
obtained a shown proof of the suitable insurance pursuant to section 70-70(b).
Further, pursuant to City Commission directive at the March 5, 2014 Commission meeting, City staff
will provide a map depicting areas where Segways and other motorized means of transportation are
prohibited to business entities providing rentals, leases, and/or tours. Additionally, signage will be
updated to include the prohibition of Segways and other motorized means of transportation on the
Beachwalk and the other prohibited areas as a result of the adopted Ordinance.
During second reading on May 21,2014, City Commission adopted the ordinance on second
reading and referred residents' suggestions to the Neighborhood and CommunityAffairs Committee
(NCAC). Some of the suggestions provided by the residents are currently covered and enforceable
under recently approved modifications. Please see below the residents' suggestions to the proposed
ordinance and the Administration's response to each:
. Suggestion: Prohibit motorized means of transportation on the boardwalk and pedestrian
sidewalk (Sec. 70-67(c))
Response: This item will be referred to NCAC for discussion, input, and direction.. Suggestion: Require a BTR, complying with existing insurance requirements, existing speed
certification requirements, indemnification agreement and customer
acknowledgment requirements. (Sec. 70-70 (a))
Response: The modifications proposed to the ordinance herein along with the previously
approved modifications cover this suggestion in sections 70-70a,70-70b,70-
70c, and 7O-70e.. Suggestion: Expand existing insurance requirement to include annual furnishing of
Certificate of lnsurance to the City. (Sec. 70-70 (b))
Response: ln addition to the annual insurance cefffication, the lnsurance Tracking System
contract awarded by City Commission in May 2014 will allow the Cityto conduct
routine check-ups on the status of the insurance requirements for all
businesses.. Suggestion: Expand maximum speed certification requirement to require identification of
speed-certified motorized vehicle and annual inspection and testing of each
motorized vehicle by the City for compliance with the maximum speed
requirement. (Sec. 70-70 (g))
Response: This suggestion is currently covered under the existing code. At time of
issuance of application for BTR, the City's Finance Department will review
Suggestion:
Response:
Suggestion:
Response:
the application for all certifications, including the manufacturer speed
certification. ln addition, the City's Code Compliance Department is
currently conducting random spot checks at the various dealers to make
sure the machines set to beginner mode. Beginner mode is pre-set by the
company to carry a maximum speed of 8 mph.
Add an annual application for the issuance of a unique numbered license
plate for each motorized vehicle. (Sec. 70-70 (g))
As covered by section 70-709, business entities providing rentals, leases,
and/or tours are required to affix decals depicting the company name, phone
number, and vehicle number to the front and rear of each device.
Add provision that limits rentals to organized tour groups. (Sec. 70-70 (h))
This item will be referred to NCAC for discussion, input, and direction.
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Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 11,2014
Page 6 of 6
ln addition to the prohibitions described herein, State Statute 31 6.1 995 prohibits any vehicle other
than by human power, except motorized wheelchairs, to drive upon any bicycle path, sidewalk, or
sidewalk area, except upon a permanent or duly authorized temporary driveway. This state statute
allows the City's Police Department to issue a non criminal traffic infraction, punishable as a moving
traffic violation to trikkes, electrical bikes, motorized scooters, motorized skate boards, and other
similar motorized vehicles.
REGOMMENDAT]ON
ln the interest of public safety and in response to public input received at the May 21, 2014 Cily
Commission meeting, the Administration is recommending that the additional safety regulations for
operators of and businesses that rent, lease or provide tours of Segways, be incorporated into the
City Code, as well as the amended penalties and appeal requirements.
Attachments:
A: Resolution No. 2012-28041
B: Map of Segway-Prohibited Areas
*or#o,.#Sa
T:\AGENDA\2014\June\Ordinance Prohibiting Motorized Means Of Transportation on Beachwalk MEMO.doc
451
Attachment A
RESOLUTTON NO.l 2012-2804',1
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF M]AMI BEACH, FLORIDA, ADOPTING
ADMINISTRATIVE RULES FOR CHAPTER 70, ENTITLED*MISCELLANEOUS OFFENSES'', ART]CLE II, ENTITLED..PUBLIC PLACES,'' DIVISION II, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN.LINE
SKATING,AND MOTORIZED MEANS
TRANSPORTATION," OF THE MIAMI BEACH CITY CODE,
AS PROVIDED FOR IN SECTIONS 70.69 AND 70-70 OF
THE CITY CODE.
WHEREAS, on October 24,2012, the Mayor and the City Commission of the City Code
of Miami Beach adopted Ordinance No.2012-3780 amending Chapter 70, Article 2, Division ll
of the City Code regarding the regulation of bicycling, skate boarding, roller skating, in-line
skating, and motorized means of transportation, and among other things, providing for the
establishment of Administrative Rules regarding a) the responsibilities of persons and business
entities providing rentals leases and/or tours of electric personal mobility devices and b) the
responsibilities of persons operating electric personal mobility devices; and'
WHEREAS, the following Administrative Rules, as provided for in Sections 70-69 and
7O-7O oI the City Code, set forth regulations for the use and operation of electric personal
assistive mobility devices and are established.in lhe interest of safety within the City of Miami
Beach:
l. Resoonsibilities of Persons and Business Entities Providinq Rentals. Leases. and/or Tours of
Electric Personal Assistive Mobility Devices:
a) The insurahce required pursuant to Section 70-7(b) of the City Code shall be
obtained from an insurance company that is Best rated of B+ Vl, or better, and shall
include medical payment coverage no less than $25,000 for any injured persons and
a rninimum of $1,000,000.00 in liability insurance coverage that includes any and all
renters/lessees as named or additional insureds.
b) The name and telephone numbers of the person or business entity that rents/leases
and/or provides tours for electric personal assistive mobility devices, as well as a
device lD number, shall be affixed on the personal assistive mobility device with
lettering and numbers at least 4" in height.
c) Prior to renting o[ leasing an electric personal assistive mobility device, the user of
the device must be trained as to the safe operation of the device,
d) Accidents regarding electric personal assislive mobility devices shall be promptly
reported to the Miami Beach Police Department and Miami Beach Fire Rescue.
e) The City Code and these Administrative Rules shall be posted in a conspicuous
place of any business entity renting/leasing and/or providing tours for electric
personal assistive mobility devices.
452
il.
f) Electric assistive personal mobility devices shall not be leased, rented, or used for
tours after sunset or before sunrise or during inclement weather.
g) Electric personal assistive mobility devices shall not be put into service for use by the
public when it is suspected that the device is unsafe.
h) Electric personal mobility devices shall not be leased or rented to a person who is' believed to be incompetent to operate the device or who might be recklessly
. indifferent to the safety of others.
i) Electric personal assistive mobility devices shall not be rented or leased to, or used
for tours by, any person under the age of 16 or under 100 pounds in weight.
Responsibilities of Ooeratgrs of Electric Personal Assistive Mobilitv Devices
a) lf an operator has an accident with a pedestrian or other person, the operator must
immediately report the accident to the Miami Beach Police Department and Miami
Beach Fire Rescue. ln addition, the operator must i) remain on the scene until a -
police officer arrives, ii) identify himself/herself to the victim and to the police officer,
and iii) provide to the victim and the police officer the name of the person or business
that leased or rented the device.
b) Operators of personal assistive mobility devices shall not operate the device in a
reckless manner, nor shall the operator obstruct or endanger pedestrian or vehicular
traffic.
c) Electric personal assistive mobility devices shall not be operated after sunset or
before sunrise or during inclement wealher.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the foregoing Administrative
Rules regarding the rental, lease, tours, and operation of electric personal assistive mobility
devices are hereby approved and adopted.
PASSED AND ADOPTEothis !fuday of October,2012.
q*-
APPHOVEDASTO
FOBI,iI & LANGUAGE
F:\ATTO\TURMRESOS\Segway Administration Rules
& FOR EXECUTION
453
E MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY
TO:MAYOR MATTI HERRERA BOWER,
MEMBERS OF THE CITY COMMISSION
KATHIE BROOKS,INTER]M MANAGER
FROM:
DATE:
SUBJEGT:
JOSE
CITY A
OCTOBER 24,
RESOLUTION ADOPTING ADMINISTRAT]VE RULES FOR
CHAPTER 70, ARTICLE II, DIVISION II, OF THE MIAM] BEACH
C]TY CODE ENTITLED'BICYCLING, SKATEBOARDING, ROLLER
SKATING, IN.LINE SKATING, AND MOTOR]ZED MEANS OF
TRANSPORTATION AS PROVIDED FOR IN SECTION 70.69 AND
70.70 OF THE CITY CODE.
The attached Resolution sets forth Administralive Rules that address electric personal
assistive mobility devices. Administrative Rules are provided for in Sections 70-69 and 70-70 of
the City Code, which sections were amended pursuant an Ordinance passed and adopted at the
October 24, 2012 City Comniission meeting. The attached Resolution is submitted for
consideration by the Mayor and City Commission as a companion agenda item to the Ordinance
amending Chapter 70 of the City Code.
The Administrative Rules provide regulations, in addition to those set forth in the City
Code, for the safe operation of electric personal assistive mobility devices within the City and set
. forth various responsibilities for a) persons and business entities providing rentals, leases, and/or
tours of electric personal assistive mobility devices and b) operators of electric personal assistive
mobility devices.
Agenda ltem
Date
COMMISSION MEMORANDUM
R'-ltr
ll-&tl- tt-
F;\ATTO\TURN\COMMMEMO\Segway.doc
454
Attachment B
South Pointe Park
Segway Prohibited Areas .&15
i':-', ,l?trfri
Path M \$CI\,44\GlS\Projecls\14*SegwayProh biledAreas\ArcMap\Segway (.evised).mxd455
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING GHAPTER 70 OF THE GODE
OF THE CITY OF MIAMI BEACH, ENTITLED ..MISCELLANEOUS
oFFENSES," By AMENDING ARTICLE l!, ENTITLED ,,pUBLlC PLACES,"
BY AMENDING DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING,
ROLLER SKATING, IN-LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SECTION 70-69, ENTITLED.,RESPONSIBILIT!ES OF BICYCLISTS, SKATERS, AND PERSONS
OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES,''
BY AMENDING THE RESPONSIBILITIES SET FORTH THEREIN; BY
AMENDING SECTION 70-70, ENTITLED "RESPONSIBILITIES OF
PERSONS AND BUSINESS ENTIT]ES PROVIDING RENTALS, LEASES
AND /OR TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES,'' BY AMENDING THE RESPONSIBILITIES SET FORTH
THEREIN; BY AMENDING SECTION 70-71, ENTITLED "ENFORCEMENT;
PENALTIES," TO AMEND AND PROVIDE ADDITIONAL PENALTIES FOR
VIoLATIONS OF SECTTONS 70-69(D)-(E) AND 70-70, AND AMENDTNG
THE TIME TO APPEAL VIOLATIONS; PROVIDING FOR REPEALER,
SEVERABIL!TY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to
encourage the safe use of sidewalks and bicycle paths in the City; and to facilitate and balance
the health, safety, and welfare interests of bicyclists and pedestrians, 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 from around the world year round which thereby significantly increases the use and
congestion of the City's bike paths, sidewalks, and pedestrian ways; and
WHEREAS, Section 316.2068(5) of the Florida Statutes was amended, effective July 1,
2012, to provide that a "municipality may regulate the operation of electric personal assistive
mobility 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, due to the safety concerns and injuries already experienced on certain
heavily lraveled sidewalks and bike paths in the City, the Mayor and City Commission
determined that it is in the interest of public safety that electric personal assistive mobility
devices be regulated as provided in Division 2 of Article ll of Chapter 70 of the City Code and
prohibited in the areas set forth in Section 70 - 67 of the City Code; and
WHEREAS, pursuant to Resolution No. 2012-28041, Administrative Rules regulating
businesses that lease, rent, or provide tours for electric personal assistive mobility devices and
the persons that operate such devices were adopted by the City Commission in the interest of
safety; and
WHEREAS, the regulations set forth in the Administrative Rules should be incorporated
into the City Code in the interest of safety, along with other regulations concerning electric
456
personal assistive mobility devices, and the enforcement, penalty, and appeal provisions
relative to violations of such regulations should be amended.
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:
SECTION 1. That Division 2 of Article ll of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE ll. Public PIaces
DIVISION 2. Bicycling, Skateboarding, Roller Skating, ln-Line Skating,
and Motorized Means of Transportation
***
Sec. 70-69. Responsibilities of bicyclists, skaters, and persons operating electric
personal assistive mobility devices.
(a) lt shall be unlawful for any person to engage in bicycling, skateboarding, in-line
skating, roller skating, or operating electric personal assistive mobility devices in
the following areas, except for electric personal assistive mobility devices when
used by disabled persons in the areas set forth in (a)(1):
(1) On the grounds of any public facility including, but not limited to, city hall,
municipal parking garages, city police and fire stations, city public works
yards, and historically designated properties.
(2) On any public walls, ramps, fountains, or other fixtures or structures.
(b) Bicycles shall not be chained or otherwise secured to any tree, fixture, or object
which is not a bicycle rack on any portion of Lincoln Road or Ocean Drive.
(c) Whenever any person is riding a bicycle, skateboarding, in-line skating, roller
skating, or operating an electric personal assistive mobility device where
othenrvise not prohibited, such person shall engage in such activity at a safe
speed which does not endanger the safety of pedestrians or others. shall not
obstruct or endanqer pedestrian or vehicular traffic, shall yield the right-of-way to
any pedestrian, and shall give an audible signal before overtaking and passing
such pedestrian.
(d) Whenever a person is operatinq an electric personal assistive mobility device.
such person:
(l] Shall immediatelv report anv accident with a pedestrian or other person to
the Miami Beach Police Department and Miami Beach Fire Rescue. ln
addition. the operator must:
2
457
(a) remain on the scene until a police officer arrives:
(b) identifv himself/herself to the victim and to the police officer, and
(c) provide to the victim and to the police officer the name of the person or
business that leased or rented the device.
(2) Shall not operate the electric personal assistive mobilitv device between
sunset and sunrise or durinq inclement weather.
(d{e) Whenever a person is operatino an electric personal assistive mobility device.
such person shall complv with all applicable federal. state. and countv
requlations. administration rules. and laws., and
@allapplicableadministrativerulesestablishedby
the city.
Sec. 70-70. Responsibilities of persons and business entities providing rentats, leases,
and/or tours of electric personal assistive mobility devices.
Any person or business entity that rents, leases, and/or provides tours for electric
personal assistive mobility devices shall:
(a) Obtain a business tax receipt from the City pursuant to chapter 102 of the City
Code;
(b) Provide a minimum of $1,000,000.00 in liability insurance coverage for bodilv
iniury and oropertv damage from an insurance company that is Best rated B+ Vl
or better. that Includes medical pavment coveraqe no less than $25,000 for any
iniured oersons. and that includes the City of Miami Beach as an additional
named insured;
(c) Provide a certificate from an authorized electric personal assistive mobility device
dealer verifying that each device made available from rent, least, or tour has
been set to a maximum speed of eight mph;
(d) Obtain a release of liability and hold harmless agreement, acceptable to the city
attorney, releasing and holding the City of Miami Beach harmless from liability
signed by all renters of electric personal assistive mobility devices, which release
and hold harmless agreement shall be made available for inspection by the city
at any time during business hours;
(e) Provide all renters of electric personal assistive mobility devices with a copy of
Division 2 of Article ll of Chapter 70 of the @ eCitv
laursr--eQode
prohibited areas of operation. the receipt of which shall be acknowledged in
writing by the renter; and
(f} Post a copv of Division 2 of Article ll of Chapter 70 of the Citv Code, and a cooy
of the Citv's map of prohibited areas of operation. in a conspicuous olace at the
location where the electric personal assistive mobilitv devices are leased or
rented.
458
(g) Affix the name and telephone number of the person or business entity that
rents/leases and/or provides tours. as well as a device lD number, all of which
shall be in letterinq and numbers at least 4" in heiqht, on the front and back of
each electric oersonal assistive mobility device that is leased or rented.
(h) Provide traininq as to the safe operation of electric personal assistive mobilitv
devices to all lessees or renters of the devices. The oerson or business entitv
must maintain written proof. slqned bv the lessee or renter, that establishes the
traininq provided for the safe operation of the electric personal assistive mobility
device.
O Lease, rent, or use electric personal assistive mobilitv devices for tours only
between sunrise and sunset and not durinq inclement weather.
O Lease, rent or provide tours on electric personal assistive mobilitv devices onlv to
oersons 16 years of aqe or older and that weiqh 100 or more oounds.
(l<) Not lease, rent or provide tours on electric personal assistive mobility devices
. lhat are. or are suspected to be, unsafe for use.
!) Not lease. rent or orovide tours to persons who are believed to be intoxicated, act
with reckless, disreqard or indifference to the safety of others, or incompetent to
operate an electric personal assistive mobilitv device.
Od Promotlv report anv accidents reqardinq leased or rented electric personal
assistive mobility devices to the Miami Beach Police Department and Miami
Beach Fire Rescue.
$(!) Comply with all administrative rules that may be established by the city regarding
rentals, leases, tours, and the safe operation of electric personal assistive
mobility devices.
Sec. 70-71. Enforcement; penalties.
(a) A violation of the provisions in sections 70-67 and 70-69(a)-(c) by persons
operating electric personal assistive mobility devices or engaged in bicycling,
skateboarding, in-line skating, roller skating, or operating any motorized means
of transportation, shall be enforced by a police officer and shall be deemed a
noncriminal infraction as defined in F.S. $ 318.13(3) and shall be subject to the
penalties set forth in F.S. g 316.655.
(b) A violation of the provisions in sections 70-69(d)-(e) and 70-70 shall be enforced
in accordance with the following procedures and penalties:
1. lf a code compliance officer finds a violation, the compliance officer shall
issue a notice of violation to the violator as provided in chapter 30. The
notice shall inform the violator of the nature of the violation, amount of
fine for which the violator may be liable, instructions and due date for
paying the fine, notice that the violation may be appealed by requesting
an administrative hearing within 2O ten (10) days after service of the
notice of violation, and that failure to do so shall constitute an admission
459
2.
of the violation and waiver of the right to a hearing.
A violator who has been served with a notice of violation shall elect either
to:
a. Pay the civil fine as follows for violations of sections 70-69(d)-(e):(i) Firstoffense..........$100.00;(ii) Second offense .....$250.00;(iii) Third offense.........$500.00;(iv) Fourth and subsequent offenses .....$1,000.00; er
b. Pav the civil fine as follows for violations of sections 70-70(a) and
(cF(n):(i) Firstoffense.........$250.00:(ii) Secondoffense.....$500.00:(iii) Third offense......$1.000.00:(iv) Fourth and subsequent offenses .....$2.000.00.
c. Pay the civil fine as follow for violations of Section 70-70(b):(i) Firstoffense.........$1.000.00:(ii) Secondoffense.....$2.500.00:(iii) Third and subsequent offenses .....$5.000.00: or
tr d. Request an administrative hearing within ten 10 20 days before a
special master appointed as provided in article ll of chapter 30 to appeal
the decision of the code compliance officer which resulted in the issuance
of the notice of violation. lf the offense is a violation of section 70-70(b).
the operation of the business must cease until the reouired insurance is
obtained.
elf the offense if is a fourth or subsequent offense of section 70-69(d)-(e)
or 70-70(a) or (c)-(n), it shall also be considered an habitual offender
offense and, in addition to the penalty set forlh in subsectiong 70-
71(b)(2)a.(iv) and 70-71(bX2)b.(iv): the city manager may issue an
administrative complaint for the suspension or revocation of a business
tax receipt and certificate of use as provided in sections 102-383 through
102-385.
lf 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 repo( from the code
compliance officer. Failure of the named violator to appeal the decisions
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 or an administrative hearing shall
be treated as an admission of the violation and penalties may be
assessed accordingly. The special master shall be prohibited from
hearing the merits of the notice of violation or consideration of the
timeliness of the request for an administrative hearing if the violator has
failed to request an administrative hearing within 2e ten (10) days of the
issuance of the notice of violation.
3.
u.
460
+5. Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
+0. The city may institute proceedings in a court of competent jurisdiction to
compel payment of civil fines.
+7- A certified copy of an order imposing a civil fine may be recorded in the
public records and thereafter shall constitute a lien upon any other real or
personal property owned by the violator and it may be enforced in the
same manner as a court judgment by the sheriffs of this state, including
levy against the personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the
filing of any such lien which remains unpaid, the city may foreclose or
otherwise execute upon the lien.
(c) The procedures for appeal of the notice of violation by administrative hearing
shall be as set forth in sections 30-72 and 30-73.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the
PASSED AND ADOPTED this
ATTEST:
day of 2014
day of 2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Jonah Wolfson)
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APPROVED AS TO
FORIV & LAI{GUAGE
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COMMISSION ITEM SUMMARY
Item Summary/Recommendation:
The City of Miami Beach (City) adopted the current version of lhe Afticle ll. Care and Maintenance of
Trees and Plants Division 2 Trees code on November 8, 2001. Since that time there has been
substantial positive g rowth of the City's urban forest. A major reforestation effort was approved and
initiated in FY 2006/2007. This etfort, combined with neighborhood tree installations with CIP
improvements, has planted over 10,000+ reforestation trees in the city's streetscapes, parks and other
public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect and
increase the value of the urban forest the development of a strong tree ordinance is of paramount
importance. The City is currently subject to the Miami Dade County (County) tree preservation and
protection ordinance, The present City tree code lacks adequate specifications and is therefore not
officially recognized, The tree code has been redrafted to incorporate many of the tenets present in
the current Miami Dade County tree preservation and protection ordinance, with additional
specifications uniquely tailored for the City of Miami Beach's urban forest. Adoption of the revised
code will allow for an official exemption from the Miami Dade County tree removal permitting
regulations, and also provide a potential urban forest management funding source.
CURRENT STATUS
The final draft of the City of Miami Beach revised tree code has completed the first stage of internal
review and commenting from the County Regulatory and Economic Resources (RER) Tree Program,
and has received initial approval for compliance with the minimum requirements for exemption from
the County Environmental Code. We are currently in final stages of review with County RER Tree
Program. Should the Commission approve the Ordinance on First Reading, approval will be sought
from the County prior to the Second Reading, Public Hearing.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING.
Glerk's Office islative Trackin
t:\agenda\201 4\june\tree ordinance - sum.docx
fls0AGENDA ITEM
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Chapter 46 Of The Miami Beach City Code, Entitled "Environment," By Amending Article ll, "Care And
Maintenance Of Trees And Plants," By Amending Division 2, "Trees"; To Amend The Definitions,
Purpose And lntent; Scope, Applicability And Exemptions; Permitting Application Requirements,
Notice And Procedures For Obtaining Permits; lmposing Criteria And Conditions For Tree Removal
And Relocation; Tree Replacement; Tree Preservation And Protection Requirements; Defining And
Protecting Heritage And Specimen Trees; Establishing A Miami Beach Tree Preservation Trust Fund;
Regulating Tree Services And Arborists; Defining Trees Constituting A Public Nuisance; Providing For
Appeals; Enforcement And Civil Remedies; Prohibited Species; Duties And Authority Of The Urban
Forester: And Providinq For ler: Codification: Severabilitv: And An Effective Date,
lntended Outcome S
Su Data Environmental Scan, etc: n/a
Recommendation:
Financial I nformation:
This item was presented at the April 25,2014 Neighborhoods/Community Affairs Projects Committee
for discussion and further direction. At this meeting, the Committee recommended moving forward
with a draft Ordinance to the full Commission for a
Source of
Funds:
OBPI
Amount Account
I
Total
Financial lmpact Summary:
E MIAMIBEACH oArE 6^ll^lv463
€ity of Xliomi Beoch, 1700 Convention Center Drive, Miomi Beqch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and
FIRST READING
E MIAMI BEACH
FRoM: Jimmy L. Morales, City Man
DATE: June 'l 1, 2014
SUB.JECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH GITY
CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE II, "CARE AND
MAINTENANCE OF TREES AND PLANTS,'' BY AMENDING DIVISION 2, "TREES";
TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SCOPE, APPLICABILITY
AND EXEMPTIONS; PERMITTING APPLICATION REQUIREMENTS, NOTICE AND
PROCEDURES FOR OBTAINING PERMITS; IMPOSING CRITERIA AND
CONDITIONS FOR TREE REMOVAL AND RELOCATION; TREE REPLACEMENT;
TREE PRESERVATION AND PROTECTTON REQUIREMENTS; DEFINING AND
PROTECTING HERITAGE AND SPECIMEN TREES; ESTABLISHING A MIAMI
BEACH TREE PRESERVATION TRUST FUND; REGULATING TREE SERVICES
AND ARBORISTS; DEFINING TREES CONSTITUTING A PUBLIC NUISANCE;
PROVIDING FOR APPEALS; ENFORCEMENT AND CIVIL REMEDIES;
PROHIBITED SPECIES; DUTIES AND AUTHORITY OF THE URBAN FORESTER;
AND PROVIDING FOR REPEALER; GODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on First Reading.
BACKGROUND
The City of Miami Beach (City) adopted the current version ol lhe Afticle ll. Care and
Maintenance of Irees and Plants Division 2 Trees code on November 8, 2001. Since that time
there has been substantial positive growth of the City's urban forest. A major reforestation effort
was approved and initiated in FY 2OOO|2OO7. This effort, combined with neighborhood tree
installations with CIP improvements, has planted over 10,000+ reforestation trees in the city's
streetscapes, parks and other public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect
and increase the value of the urban forest the development of a strong tree ordinance is of
paramount importance. The City is currently subject to the Miami Dade County (County) tree
preservation and protection ordinance. The present City tree code lacks adequate specifications
and is therefore not officially recognized. The tree code has been redrafted to incorporate many
of the tenets present in the current Miami Dade County tree preservation and protection
ordinance, with additional specifications uniquely tailored for the City of Miami Beach's urban
464
Tree Ordinance- Memo
June 11,2014 Page 2 ol 3
forest. Adoption of the revised code will allow for an official exemption from the Miami Dade
County tree removal permitting regulations, and also provide a potential urban forest
management funding source.
A discussion related to the City's tree Ordinance was presented at the April 25, 2014
Neighborhoods/Community Affairs Projects Committee for further direction. At this meeting, the
Committee recommended moving forward with a draft Ordinance to the full Commission.
ANALYSIS
Key Revision and Comparison Points:
o Miami Beach gains control over its urban forest. The City has qualified professional staff
to manage the City's tree inventory, but at present, the City must obtain Miami Dade
County, Regulatory and Economic Resources (RER) Environmental Resources
Management Tree Program approval and a Tree Removal/Relocation Permit to relocate
or remove trees. This delays recommended management activities and costs money
every time the City applies for a tree removal/relocation permit.
Defines the duties and authority of the City Urban Forester, establishing this person as
individually responsible for managing the City's trees. The Urban Forester is the City
official who is responsible for the management of the City's urban forest and who is
assigned to carry out the enforcement of this ordinance. ln matters of tree planting,
maintenance, removal, relocation, fertilization, bracing and all other activities and
practices that require knowledge of trees and expertise in arboricultural practices, the
Urban Forester is the City's designated authority.
Creates a Tree Preservation Trust Fund to collect fees, penalties and donations. This
fund shall solely be used for the planting of trees in Miami Beach and any other ancillary
costs associated with the planting, establishment or preservation of trees.
All fees, mitigation payments, and penalties will be paid to Miami Beach, rather than the
County. At present there is no mechanism that requires payments collected for Miami
Beach properties to be spent in Miami Beach. We can lose trees but get nothing in
return. The City can fund much of its tree planting with money collected as a result of
implementation of this tree code. Mitigation in the revised code will be based on total
trunk diameter of the removed trees, rather than amount of canopy removed as in the
County code. Using trunk diameters is a more straightforward approach.
Adopting the revised code would streamline permitting for tree removals and relocations
by eliminating the need to involve and or obtain permission from outside agencies which
in turn saves time and costs for City residents.
The revised code creates a Heritage Tree designation to recognize and protect trees of
unique character and high value. This allows the City to protect any tree, palm or tree
grouping with a historical value and also includes a strong mechanism to help prevent
any unauthorized removals of these trees and understory. The process to determine the
removal of Heritage Trees would be developed as the discussions of the final draft tree
ordinance progress.
465
Tree Ordinance- Memo
June 11,2014 Page 3 ol 3
o The County defines Specimen Trees as those with a trunk diameter of 18" or greater.
Mitigation for the removal of Specimen Trees requires more replacement trees and/or
higher mitigation payments than for non-specimen trees. The revised Miami Beach code
decreases the trunk diameter of Specimen Trees to 9". Trees of this size provide
significant canopy cover, and many of our smaller native species never reach an 18"
diameter. One of these trees could be the U.S. champion but still not be considered a
specimen tree. This recommended change acknowledges the importance of trees
smaller than 18", and is the biggest shift in previous policy concerning permitting and
mitigation.
. Although the County code and the revised City code both require tree protection on
construction sites, and specify generally the same types of protective measures, the
revised City code provides more comprehensive specifications. Detailed requirements
remove ambiguity, and promote better compliance. Provisions are included for
adjustments to the requirements if authorized by the Urban Forester.
. The revised code would require tree service providers to register with the City. When
they register, contractors would be provided with a clearly written document that explains
the City's code requirements and proper tree care techniques. They would agree to
follow the requirements, and if they violate them would be subject to all penalties
included in the code, and might be prohibited from working in the City. This helps shift
responsibility for proper tree care and code compliance from the property owners, who
may not know the rules, to the professionals, who should know the rules.
. The revised code provides definitions, language and punitive penalties designed to
prevent improper tree and palm pruning, effective destruction of trees or palms and any
unlicensed tree or palm removals of protected and heritage trees on private and public
property.
. The appeals process, enforcement, fines, and civil remedies in the revised code
generally follows the existing City policy as stated in the present tree code.
CURRENT STATUS
The final draft of the City of Miami Beach revised tree code has completed the first stage of
internal review and commenting from the County RER Tree Program, and has received initial
approval for compliance with the minimum requirements for exemption from the County
Environmental Code. We are currently in final stages of review with County RER Tree Program.
Should the Commission approve the Ordinance on First Reading, approval will be sought from
the County prior to the Second Reading, Public Hearing.
CONCLUS!ON
The Administration recommends approving the Ordinance on First Reading.
Attachments: Draft Tree Ordinance
.rrrr-r{0.rrr,r*
466
(Eo,q)FJtu -o=EipEEl_i- o--ooF467
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COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment to the recycling program requirement,s t,o apply to
multifamilv units with two (2) units or more.
lntended Outcome Su
AcEirDA rrEM RSP
Enhance the Environmenlal Sustainability of the
Supporting Data (Surveys, Environmental Scan, etc The solid waste haulers operating in the City have
reported lhat approximately 50% of the multifamily and commercial establishments within the City do not have a
At the June 6, 2012 City Commission meeling, the City Commission adopted Ordinance No. 2012-3768 mandating
that multi-family residences wilh I units or more, as well as commercial establishments implement a single-stream
recycling program by July 1 , 2013. ln the September 11 ,2013 Commission meeting, this deadline was extended
to July 1, 2014.
Over the last year staff has conducted targeted outreach to the condominium and business community and has
launched a public education campaign through various local media oullels. Since January 1, 2013, multiiamily and
commercial establishmenls that do not have a recycling program serviced by a licensed recycling contractor or that
fail to separate recyclable material from lhe solid waste stream have been subject to warnings. During this warning
period, a number of multifamily residences with between 2 and 8 units questioned whether the law required
mullifamily residences with I units or less to have a single-stream recycling program. The ordinance requires that all
multifamily residences with 9 units or more contract with a private hauler for single-stream recycling service.
Multifamily residences with 8 units or less have the option to contract with a private solid waste and reiycling provider
or contract with the City for solid waste disposal and single-stream recycling service- Customers that chose to
contract with a private company have more flexibility regarding the service provided, including the number of pick-
ups, bin size and collection location. Currently, iI mullifamily residences with 8 units or less are not contracted with
the City for solid waste disposal and recycling service the City Code does not require these buildings to provide a
recycling program.
At the July 19, 2013 City Commission meeting, it was requested that the Commission consider the Sustainability
Committee's recommendation to require multifamily residences that are between 2 and 8 units provide a single-
stream recycling program. On September 30, 2013, the NCAC recommended that the City Commission approvelhe
ordinance on First Reading. This Ordinance is sponsored by Commissioner Grieco.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING.
16, 2013, the Sustainability Committee recommended requiring multifamily residences that are betweeM
and 8 units provide a single-stream recycling program. On September 30, 2013, the NCAC recommended the
amendment on First Readino. and include
Financial lnformation:
Source of
Funds:
Amount Account
I
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the
longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the
City Administration evaluated the long{erm economic impact (at least 5 years) of this proposed
legislative action, and determined that there will be no measurable impact on the City's budqet.
Elizabeth Wheaton x6121
T:\AGENDA\2014Uune\Recycling Ordinance Multifamily Summary.doc
E MIAMIBEACH olrre 6-ll- lV469
g MIAMIBEACH
City of Miomi Beoch, 1ZO0 Convenlion Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the C
Jimmy L. Morales, City Manager
June 11,2014
AN ORDINANCE OF THE MAYORIAND GITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING 90 OF THE MIAMI BEACH CITY CODE,
ENTITLED "SOLID WASTE," BY AMENDING ARTIGLE V, ENTITLED "CITWVIDE
RECYGLING PROGRAM FOR MULTIFAMILY RESIDENCES AND GOMMERCIAL
ESTABLISHMENTS," BY AMENDING SECTION 90-340, ENTITLED "RECYCLING
PROGRAM AND SEPARATION OF RECYCLABLE MATERIALS FROM SOLID WASTE
STREAM REQUIRED FOR MULTIFAMILY RESIDENCES OF NINE (9) DWELLING
UNITS OR MORE; OWNER/ASSOCIATION LIABILITY; RECYCLING CONTRACTORS'
ASSISTANGE," TO APPLY RECYCLING REQUIREMENTS TO MULTIFAMILY
RESIDENCES OF TwO (2) TO EIGHT (8) DWELLING UNITS; PROVIDING FOR
REPEALER SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance on First Reading.
BACKGROUND
At the June 6,2012 City Commission meeting, the City Commission adopted Ordinance No. 2012-
3768 mandating that multi-family residences with nine (9) units or more, as well as commercial
establishments implement a single-stream recycling program by July 1,2013.|n the September 11,
2013 Commission meeting, this deadline was extended to July 1, 2014.
Over the last year staff has conducted targeted outreach to the condominium and business
community and has launched a public education campaign through various local media outlets.
Since January 1, 2013, multifamily and commercial establishments that do not have a recycling
program serviced by a licensed recycling contractor or that fail to separate recyclable material from
the solid waste stream have been subject to warnings.
During this warning period, a number of multifamily residences with between two (2) and eight (8)
units questioned whether the law required multifamily residences with eight (8) units or less have a
single-stream recycling program. The ordinance requires that all multifamily residences with nine (9)
units or more contract with a private hauler for single-stream recycling service. Multifamily
residences with eight (8) units or less have the option to contract with a private solid waste and
recycling provider or contract with the City for solid waste disposal and single-stream recycling
service. Customers that chose to contract with a private company have more flexibility regarding the
TO:
FROM:
DATE:
SUBJECT:
470
City Commission Memo - Recycling Ordinance - Muttifamity
June 11, 2014
Page 2 of 2
service provided, including the number of pick-ups, bin size and collection location (i.e., curbside or
back of house). Currently, if multifamily residences with eight (8) units or less are not contracted
with the City for solid waste disposal and recycling service the City Code does not require these
buildings to provide a recycling program.
At the July 19, 201 3 City Commission meeting, it was requested that the Commission consider the
Sustainability Committee's recommendation to require multifamily residences that are between two
(2) and eight (8) units provide a single-stream recycling program. At the September 11, 20'13
Commission meeting, the item was referred to the Neighborhood / Community Affairs Committee
(NCAC). On September 30, 2013, the NCAC recommended that the City Commission approve the
ordinance on First Reading. This Ordinance is being sponsored by Commissioner Grieco.
FIVE YEAR FISGAL !MPACT
ln 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. As the Amendment to the Ordinance is only intended to clarify the
definition of multifamily residences, there is no financial impact.
CONCLUSION
The Administration recommends that the City Commission approve the ordinance on First Reading.
@k-
T:\AGENDA\2014Uune\Recycling Ordinance Multifamily Memo.doc
471
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE
MIAMI BEACH CITY CODE, ENTTTLED "SOLID WASTE," By
AMENDING ARTICLE V, ENTITLED "CITYVVIDE REGYCLING
PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERGIAL
ESTABLISHMENTS,'' BY AMENDING SECTION 90-340, ENTITLED..RECYCLING PROGRAM AND SEPARATION OF RECYCLABLE
MATERIALS FROM SOLID WASTE STREAM REQUIRED FOR
MULTTFAMTLY RESTDENCES OF NINE (9) DWELLTNG UNTTS ORMORE; OWNER/ASSOCIATION LIABILITY; RECYCLING
CONTRACTORS' ASSISTANGE,'' TO APPLY RECYCLING
REQUTREMENTS TO MULTTFAMTLY RESTDENCES OF TWO (2) TO
EIGHT (8) DWELLING UNITS; PROVIDING FOR REPEALER
SEVERABILIry, GODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the recycling of recyclable materials is in the best interest of the
environment, City residents, and in maintaining the City's prominence as a world class resort
destination; and
WHEREAS, by managing solid waste and conserving material resources through
reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of
the local environment, reduce costs of waste disposal, and decrease the carbon footprint
associated with the production use, and disposal of materials; and
WHEREAS, pursuant to the adoption Ordinance No. 2012-3768 (the "Ordinance"), the
City established a Citywide Recycling Program for multifamily residences with nine (9) dwelling
units or more and commercial establishments that provides standards that are equivalent to or
exceed the minimum recycling requirements of Miami-Dade County; and
WHEREAS, multifamily residences between two (2) and eight (8) dwelling units are not
currently required to provide a recycling program or to use a single stream recycling process
under the Ordinance; and,
WHEREAS, at the July 19, 2013 City Commission meeting, it was requested that the
Commission consider the Sustainability Committee's recommendation to include residences
that are between two (2) and eight (8) units within the requirements of the Ordinance.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article V, entitled "Citywlde Recycling Program for Multifamily Residences
and Commercial Establishments," of Chapter 90 of the Miami Beach City Code, entitled "Solid
Waste," is hereby amended as follows:
472
CHAPTER 90
SOLID WASTE
ARTICLE V.
CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENGES AND COMMERCIAL ESTABLISHMENTS
Sec. 90-340. Recycling program and separation of recyclable materials from solid waste
stream required for multifamily residences ;
owner/association liability; recycli n g contractors' assistance.
(a) As of January 1,2013, every multi-family residence of nine (9) dwelling units or
more
shall provide a recycling program pursuant to this seclion or a City approved modified recycling
program pursuant to section 90-344. The property owner shall be liable for the failure to provide
a recycling program or a modified recycling program approved by the City, provided, however
that a condominium or cooperative apartment having a condominium association or a
cooperative apartment association shall be liable, rather than the individual unit owner(s), for a
violation of this subsection. Further, recycling contractors shall assist and provide written notice
to the director of public works in identifying multifamily residences subject to this article which do
not have a recycling program or, in the alternative, which have allowed a recycling program to
lapse or expire.
(b) As of January 1 , 2013, every multi-family residence of nine (9) dwelling units or more
and as of Auqust 2, 2014. everv multi-famllv residence of two (2) to eiqht (8) dwellinq units shall
be required to use a single stream recycling process to separate, from all other solid waste, the
five (5) following recyclable materials:
1) Newspaper. Used or discarded newsprint, including any glossy inserts;
2) G/ass. Glass jars, bottles, and containers of clear, green or amber (brown) color
of any size or shape used to store and/or package food and beverage products
for human or animal consumption, and/or used to package other products,
which must be empty and rinsed clean of residue. This term excludes ceramics,
window or automobile glass, mirrors, and lightbulbs;
3) Metal food and beverage containers. All ferrous and nonferrous (i.e., including,
but not limited to, steel, tin-plated steel, aluminum and bimetal) food and
beverage containers (i.e., including, but not limited to, cans, plates, and trays) of
any size or shape used to store and/or package food and beverage products
suitable for human or animal consumption, which must be empty and rinsed
clean of residue;
4) Other metal containers. All other ferrous and non ferrous containers used to
package household products including, but not limited to, paint cans and aerosol
cans, which must be empty and rinsed clean of residue;
473
5) P/astics. All high density polyethylene (HDPE) and/or polyethylene terephthalate
(PET) bottles, jugs, jars, cartons, tubs, and/or other containers, and lids, of any
size or shape used to package food, beverages, and/or other household
products, or crankcase oil, which must be empty and rinsed clean of residue.
This term excludes all plastic film, plastic bags, vinyl, rigid plastic (i.e., toys), and
plastic foam materials; and
(c)Everymulti-familyresidence@shallbeservicedbya
recycling contractor licensed by the city and state.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION3. SEVERABILITY.
lf any sectlon, sentence, clause or phrase of this ordinance is
unconstitutional by any court of competent jurisdiction, then said holding
the validity of the remaining portions of this ordinance.
held to
shall in
be invalid or
no way affect
SECT!ON4. 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 2nd day of August, 2014.
PASSED and ADOPTED this
ATTEST:
day of 2014.
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
Strk+*hreugh denotes deletlons.
F:IATTO\TURN\ORDINANC\Recycling Program Amending Sec 90-340 - 2014.docx
APPROVEDASTO
FORM &LANGUAGE
& FOR EXECUTION
cPI
Daie
474
&
-
Auirl/,lv/ri BEACH
OFFICE OF THE CIry ATTORNEY
RAUL J. AGUII.A, CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
clTY MANAGER JIMMY MORALES ^ , ^ .( -_crry ArroRNEy RAUL J. AGUTLA lU/. et
JUNE 11,2014
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE
clTY oF MIAM! BEACH, ENTITLED "ENVIRONMENT," By AMENDING
ARTICLE III, ENT]TLED "LITTER," BY AMENDING DIVISION 1, ENTITLED,.GENERALLY,'' BY AMENDING SEGTION 46-92 THEREOF, ENTITLED
"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" TO PROHIBIT ANY PERSON FROM CARRYING ANY
EXPANDED POLYSryRENE FOOD SERVICE ARTICLE INTO ANY PARK;
AMENDING CHAPTER 82 OF THE CODE OF THE GITY OF MIAMI BEACH,
ENTITLED "PUBLIC PROPERTY," By AMENDING ARTTCLE l, ENTITLED ,,tN
GENERAL," BY CREATING SEGTION 82.7 THEREOF, ENTITLED..PROHIBITIONS REGARDING SALE OR USE OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTIGLES BY CITY CONTRACTORS AND
SPECIAL EVENT PERMITTEES,'' TO PROHIBIT THE SALE, USE, AND
OFFERING OF EXPANDED POLYSryRENE FOOD SERVICE ARTICLES BY
CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES; AMENDING
CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEAGH, ENTITLED..PUBLIC PROPERry," BY AMENDING ARTICLE IV, ENTITLED 'USES IN
PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED..SIDEWALK CAFES,'' BY AMEND!NG SUBDIVISION I!, ENTITLED..PERMIT,'' BY AMENDING SECT]ON 82-385 THEREOF, ENTITLED
"MINIMUM STANDARDS, CRITERIA, AND GONDITIONS FOR OPERATION
OF SIDEWALK CAFES,'' TO PROVIDE PROHIBITIONS REGARDING
EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES ON THE RIGHT-OF-
WAY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFIGATION,
AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Michael Grieco, the attached Ordinance is
submitted for consideration by the Mayor and City Commission on First Reading.
RJA/DT/sc
F:\ATTO\TURN\COMMMEMO\Polyslyrene - June 201 4.docx
Agenda rt"rn RSG,
Date b-ll-11475
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT,"
BY AMENDING ARTIGLE il, ENTITLED "L|TTER," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 46-
92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON
LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL
VIOLATIONS; COMMERGIAL HANDBILL REGULATIONS, FINES,
AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF
LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS" TO
PROHIBIT ANY PERSON FROM CARRYING ANY EXPANDED
POLYSTYRENE FOOD SERVICE ARTICLE INTO ANY PARK;
AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI
BEACH, ENTITLED "PUBLIC PROPERTY,'' BY AMENDING ARTICLEI, ENTITLED "IN GENERAL," BY CREATING SECTION 82-7
THEREOF, ENTITLED "PROHIBITIONS REGARDING SALE OR USE
OF EXPANDED POLYSryRENE FOOD SERVIGE ARTICLES BY CITY
CONTRACTORS AND SPECIAL EVENT PERMITTEES,'' TO PROHIBIT
THE SALE, USE, AND OFFERING OF EXPANDED POLYSWRENE
FOOD SERVICE ARTICLES BY CITY CONTRACTORS AND SPECIAL
EVENT PERMITTEES; AMENDING CHAPTER 82 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-
wAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES,"
BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY
AMENDING SECTION 82-385 THEREOF, ENTITLED ..MINIMUM
STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF
SIDEWALK CAFES," TO PROVIDE PROHIBITIONS REGARDING
EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES ON THE
RIGHT-OF-WAY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the
public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on
the land and in the waters of the City; and
WHEREAS, expanded polystyrene, a petroleum byproduct commonly known as
Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of
years to degrade in the environment; and
WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller,
non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or
killing them; and
WHEREAS, due to the physical properties of expanded polystyrene, the EPA states
"that such materials can also have serious impacts on human health, wildlife, the aquatic
environment and the economy"; and
476
WHEREAS, disposable food service articles constltute a portion of the litter in the City of
Miami Beach's streets, parks, public places, and waterways; and
WHEREAS, the City's goal is to replace expanded polystyrene food service articles with
reusable, recyclable or compostable alternatives; and
WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content
paper food service articles and other fiber-based food service articles as the most
environmentally preferable alternatives when the use of reusable food ware is not feasible; and
WHEREAS, as an environmental leader among local governments in the State of
Florida, the City of Miami Beach, by virtue of this Ordinance, will prohibit the use of expanded
polystyrene food service articles by its contractors and special event permittees in City facilities
and on City property; will prohibit the use of expanded polystyrene food service articles by
sidewalk cafes on the public right-of-way; and, will strengthen its litter laws by prohibiting
expanded polystyrene products in City parks; and
WHEREAS, this Ordinance will preserve and enhance the environment of the City of
Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 1 of Article lll of Chapter 46 of the Code of the Clty Miami Beach is
hereby amended as follows:
CHAPTER 46
ENVIRONMENT
***
ARTICLE lll. Litter
DIVISION 1. Generally
Sec. 46-92. Litter: definitions: prohibitions on litter: penalties for litter and commercial
handbill violations: commercial handbill requlations, fines. and rebuftable
presumptions: seizure and removal of litter bv the citv; enforcement:
aPPeals, liens.
(a) 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:
(5) Litter means any paper, handbill, commercial handbill, garbage, bottle caps,
chewing gum, tobacco products, including, but not limited to, used and unused
cigarettes, cigars, pipe or chewing tobacco, styre+eam polvstvrene or plastic products, or
other waste, including, but not limited to, tree, plant, and grass cuttings, leaves, or other
yard maintenance debris, that has been placed or deposited on a public sidewalk, street,
road, avenue, beach, swale, median, building, fence, wall, boardwalk, beachwalk,
baywalk, cutwalk, park, or in a gutter, drain, or sewer, or on any other public property,
2
477
right-of-way or place, or on any object located on public property, or on the kneewall,
window ledge or sill of any public or private building, or on a motor vehicle, or on any
other type of private real or personal property. Handbills and commercial handbills
attached to a trash receptacle, but not within the trash receptacle in the usual manner,
shall also be considered litter.
(c) Prohibitions on beaches and parks. lt shall be unlawful for any person to carry onto
any beach within the city a glass or metal bottle or other glass or metal container. ln addition, it
shall be unlawful for any person to carry any styrefeam expanded polvstvrene product onto any
beach or into anv park within the city or for any business to provide plastic straws with the
service or delivery of any beverage to patrons on the beach.
SECTION 2. That Article I of Chapter 82 of the Code of the City Miami Beach is hereby
amended as follows:
CHAPTER 82
PUBLIC PROPERry
ARTICLE l.* ln General
Sec.82-7 Prohibitions reqardinq sale or use of expanded polvstvrene food service
articles bv citv contractors and special event permiftees.
(a) Leorslallve rnfent. Expanded polvstvrene. a petroleum bvproduct commonlv known as
Stvrofoam, is neither readilv recvclable nor biodeqradable and takes hundreds to
thousands of vears to deorade. Expanded polvstvrene is a common pollutant, which
fraqments into smaller, non-biodeqradable pieces that are harmful to marine life, other
wildlife. and the environment. The Citv's qoals are to reduce the use of expanded
polvstvrene and encouraqe the use of reusable, recvclable, or compostable alternatives.
(b) Defrnffions. For purposes of this section onlv. the followinq definitions shall applv:
(1) Clly confracfor means a contractor. vendor, lessee, concessionaire of the Citv. or
operator of a Citv facility or propertv.
(2) Expanded polys/yrene means blown polvstvrene and expanded and extruded foams
that are thermoplastic oetrochemical materials utilizinq a styrene monomer and
processed by anv number of techniques includinq, but not limited to, fusion of
polvmer soheres (exoandable bead foam). iniection moldinq, foam moldino, and
extrusion-blown moldinq (extruded foam polvstvrene).
(3) Expanded polyslyrene food servrce arfrcles means plates. bowls, cuos, containers.
lids. travs. coolers, ice chests, and all similar articles that consist of expanded
polvstvrene.
(4) Public faclfiies include, but are not limited to. any buildinqs. structures, parks.
478
beaches, or oolf courses owned. operated, or manaoed bv the Citv.
(5) Publlc properfy includes, but is not limited to, anv land, water. or air riohts owned.
operated, or manaqed bv the Citv.
(6) Specra/ evenl permrttee means anv person or entitv issued a special event permit bv
the Citv for a special event on public oropertv or in a public facilitv.
(c) Citv contractors and special event oermittees shall not sell, use, provide food in, or offer
the use of expanded polvstvrene food service articles in public facilities or on public
propertv. A violation of this section shall be deemed a default under the terms of the Citv
contract. lease. or concession aqreement and is qrounds for revocation of a soecial
event permit. This subsection shall not apolv to expanded polvstvrene food service
articles used for prepackaqed food that have been filled and sealed prior to receipt bv
the Citv contractor or special event permittee.
(d) Anv Citv contract, lease, or concession aoreement entered into prior to the effective date
of this section or any special event oermit issued orior to the effective date of this section
shall not be subiect to the requirements of this section. unless the Citv contractor or
speclal event oermittee voluntarilv aqrees thereto.
SECTION 3. That Subdivision ll of Division 5 of Article lV of Chapter 82 of the Code of the City
Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE lV. Uses in Public Rights-of-Way
***
DIVISION 5. Sidewalk Gafes
Subdivision ll. Permit
Sec. 82-385 Minimum standards. criteria. and conditions for operation of sidewalk cafes
(p) No food preparation, food storage, expanded polvstyrene food service articles,
refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the
right-of-way. ln addition, expanded polvstvrene food service articles shall not be provided to
sidewalk caf6 patrons.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
4
479
SECTION 5. SEVERABILITY.
lf 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 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 7. EFFECTIVE DATE.
This Ordinance shall take effect on the day of 2014.
PASSED AND ADOPTED this
ATTEST:
day of 2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
Strike+Areugh de notes de leti o n s
APPROVED AS TO
FOR[/ & LAI(GUAGE
& FOR EYiECUiIOi{
_(1f
F:IATTO\TURN\ORDINANC\Polystyrene Ordinance 2014.docx
480
b
-
iV\iA,\i^TIBEACH
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUIIA, CITY ATTORNEY
TO:
FROM:
DATE:
SIJBJECT:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
GITY MANAGER JIMMY MORALES 1,,@-ctTy ATTORNEy RAUL J. AGUTLA\ytd-y'r
JUNE 11,2014
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
82 OF THE CITY CODE, ENTITLED "PUBLIC pROpERTy," By
AMENDING ARTICLE I, ENTITLED ,. IN GENERAL," BY
REPEALING SECTION 82.5, ENTITLED "CITY SIGNS TO BE
OBEYED',; PROVIDING FOR REPEALER, SEVERABILITY,
GODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Jonah Wolfson, the attached Ordinance is
submitted for consideration by the Mayor and City Commission on First Reading.
RJA/DT/sc
Agenda ttem R sR
F:\ATTO\TURN\COMMMEMO\Public Property - City Signs to Be Obeyed - June 2014.docx
Date 6-ll- lV481
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY
GODE, ENTITLED "PUBLIG PROPERTY," BY AMENDING ARTICLE I,
ENTITLED " IN GENERAL,'' BY REPEALING SECTION 82-5, ENTITLED
"CITY SIGNS TO BE OBEYED"; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the provisions in Section 82-5 of the City Code should be repealed.
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 82-5 of Article I of Chapter 82 of the Miami Beach City Code is
hereby repealed in its entlrety as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE I. IN GENERAL
Signs plaeed; er eentraeted te be plaeed' by the eity shall be ebeyed, Disebedienee ef a
eity sign shall be enfereed pursuant te ehaBter 30 ef the eity Cede,
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION3. SEVERABIL!TY.
lf 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.
482
SECTION4. 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.
SEGTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the _ day of 2014.
PASSED and ADOPTED this _ day of
ATTEST:
2014.
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Jonah Wolfson)
Underline denotes additions
S+i*e+n+eugl denotes deletions. AFTpROVED AS TO
FORM & LAI.JGUAcE
& FOR EXECU.Il0irl
.h^.!aa)t**, -g/-tlsf.ot- v,ty /-,i',tney y( L,...
F:\ATTO\TURN\ORDINANC\Amending Chapter 82 - Public Property.docx
483
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484
R7
RESOLUTIONS
485
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting the Fifth
Amendment to the CaDital Budoet for FiscalYeat 2O13l14.
lntended Outcome S
Item Summary/Recommendation :
Planning for capital improvements is an ongoing process; as needs change within the City, capitial programs and
priorities must be adjusted. The Capital lmprovement Plan ("ClP") 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. lndividual
departments prepare submittals identifoing potential funding sources and requesting commitment of funds for
their respective projects.
The CIP is updated annually and submifted to the City Commission for adoption. The 2013h4 -2O17|l8 Capital
lmprovement Plan and FY 2013fl4 Capital. Budget were adopted on September 30, 2013, by resolution 2013-
28354. The First Amendment to the FY 2013114 Capital Budget was approved on December '11, 2013, by
resolution 20'13-28442. The Second Amendment to the FY 2013114 Capital Budget was approved on January
15, 2014 by resolution 2O14-2U70. The Third Amendment to the FY 2013/14 Capital Budget was approved on
March 5, 2014, by resolution 2014-28524. The Fourth Amendment to the FY 2013114 Capital Budget was
approved on April 23,2014, by resolution 2014-28565.
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 fifth Amendment
to the FY 2013/14 Capital Budget.
The Fifth amendment to the FY 2013114 Capital Budget totals an increase of $19,393,019 and a re-appropriation
of $26,000 in order to provide additional funding to the following ten capital projects.
1. Venetian lslands 6. South Pointe RDA lmprovements- Phase ll2. Lower North Bay Road 7. Scoft Rakow Youth Center lce Rink
3. Bayshore Neighbofiood 8. South Pointe Park Remediation
4. Muss Park 9. Flamingo Park Fencing
5. Star lsland Enhancements 10. London House Apartment Rehabilitation
Advisory Board Recommendation:,,
Financial lnformation:
Amount Account
1 $s0,000 302-Pay-As-You-Go Fund
2 $283,000 306-Mid Beach Quality of Life Fund
3 $80,000 383-2003 GO Bond- Parks & Beaches Fund
$53s,000 389-South Pointe Capital Fund
5 $ 15,3S2,000 429-Stormwater LOC
$71 1,669 '138-NSP3 Grant
$618,188 13011351136-Community Development Block Grant
$119,743 138-EDl Grant
$1,603,419 1 7911801181-HOME Grant
OBPI Total $19,393,019
Financial !mpact Summary:
Ensure Value and Timely Delivery of Quality Capital Projects, lmprove Storm Drainage Citywide, and
Data (Su Environmental Scan. etc.): N/A
(s MIAMIBEACH DA ITEii RJA
486
C MIAMIBEACH
Ciiy of Miomi Beoch, I 700 Convenlion Cenier Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE;
SUBJECT:
MIAMI BEACH, FLORIDA, ADOPTING THE FIFTH AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2013/14.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution for the Fifth Amendment to the Fiscal Year (FY) 2013114 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 lmprovement Plan ("ClP") seryes
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. lndividual 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 2013114 -
2017118 Capital lmprovement Plan and FY 2013114 Capltal Budget were adopted on September
30,2013, by resolution 2013-28354. The FirstAmendmentto the FY 2013114 Capital Budget
was approved on December 11,2013, by resolution 2013-28442. The Second Amendment to
the FY 2013114 Capital Budget was approved on January 15, 2014 by resolution 2014-28470.
The Third Amendment to the FY 2013114 Capital Budget was approved on March 5, 2014, by
resolution 2014-28524. The Fourth Amendment to the FY 2013114 Capital Budget was
approved on May 21,2014, by resolution 2014-28565.
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 Fifth Amendment to the FY 2013114 Capital Budget.
Mayor Philip Levine and Members the City mrssron
Jimmy L. Morales, City Manager
June 11,2O14
487
Resolution Adopting the Fifth Amendment to the Capital Budget for FY 2013114
Junel 1,2014
Page 2 of 5
FIFTH AMENDMENT TO THE FY 2013/14 CAPITAL BUDGET
The Fifth Amendment to the FY 2013114 Gapital Budget totals an increase of $19,393,019 and
re-appropriation of $26,000 in order to provide funding to the following ten capital projects.
1. Venetian lslands - The Mayor's Blue Ribbon Committee and the Standing
Committee of Flooding have recommended a change to the boundary conditions
from 0.50 feet NAVD to 2.7 feet NAVD. This action requires that all new projects
address stormwater with pumped systems. The following project requires a budget
amendment to increase funding in order to be in compliance with the revised
stormwater criteria. Project funding will come from the 429-Stormwater Line of
Credit.
Prior Years' Aporopriations $17,516,435
June 11. 2014 Budqet Amendment $8,983,000
Proposed Total Appropriations $26,499,435
2. Lower North Bay Road - The Mayor's Blue Ribbon Committee and the Standing
Committee of Flooding have recommended a change to the boundary conditions
from 0.50 feet NAVD lo 2.7 feel NAVD. This action requires that all new projects
address stormwater with pumped systems. The following project requires a budget
amendment to increase funding in order to be in compliance with the revised
stormwater criteria. Project funding will come from the 429-Stormwater Line of
Credit.
Prior Years' Appropriations $1 'l ,916,1 02
June 11. 2014 Budqet Amendment $2,232.OO0
Proposed Total Appropriations $14,148,102
3. Bayshore Neighborhood - The Mayor's Blue Ribbon Committee and the Standing
Committee of Flooding have recommended a change to the boundary conditions from
0.50 feet NAVD to 2.7 leel NAVD. This action requires that all new projects address
stormwater with pumped systems. The following project requires a budget amendment to
increase funding in order to be in compliance with the revised stormwater criteria. Project
funding will come from the 429-Stormwater Line of Credit.
Prior Years' Appropriations $7,529,338
June 11. 2014 Budqet Amendment $4,177,000
Proposed Total Appropriations $11,706,338
488
Resolution Adopting the Fifth Amendment to the Capital Budget for FY 2013114
June11,2014
Page 3 of 5
4. Muss Park - Muss Park is an outdoor playground type facility with a large
shelter. Several Parks and Recreation programs are run out of this shelter, including an
after school program and summer camp that serves over 125 children. During
inclement weather, participants have no protection from the inclement
weather. Currently, the Department of Capital lmprovements has a project underway
that includes various improvements to the shelter. This request proposes to increase
the existing project budget by $27,000 to include the purchase and installation of roll
down awnings with tracks with an electric motorized system for opening/closing and a
portable a/c unit that would assure the correct temperature and ventilation while the
shutters are closed.
Secondly, the existing tile roof at the park is old and will need replacement in the next
couple of years. The tongue and groove decking that is underneath the open area
building is pleasing to look at, but needs to be repaired. An immediate pest control
inspection and monitoring is needed due to the evidence of termite damage. Since this
project is scheduled for significant interior improvements, the repairs to the roof need to
be completed concurrently. This request proposes to increase the existing project
budget by $53,000. These amendments will be funded from 383-2003 GO Bonds- Parks
& Beaches Funds.
Prior Years' Appropriations $450,629
June 11, 2014 Budqet Amendment $80,000
Proposed Total Appropriations $530,629
5. Star lsland Enhancements - The Contractor of record for the Star lsland ROW
improvement project is now in default, as the scope of this project included the
installation of street lighting. This work had been started but was never
finished. Some time has passed since the installation had ceased and the
integrity of the system is in question. The additional budget request is to
complete the lighting for the neighborhood. This will be funded from 302-Pay-As-
You-Go Funds.
Prior Years' Aoorooriations $450,629
June 11, 2014 Budoet Amendment $50,000
Proposed Total Appropriations $500,629
6. South Pointe RDA lmprovements- Phase ll - Additional funding is required to cover
the full and final settlement of all outstanding claims submitted by the Contractor
pertaining to the Construction of the South Pointe Phase ll Right Of Way lmprovement
Project in the amount of $490,000, plus $15,000 to pay for legal fees. This will be funded
from 389-South Pointe Capital Funds.
Prior Years' Aooropriations.$12,771,646
June 11. 2014 Budoet Amendment $505,000
Proposed Total Appropriations $13,276,646
489
Resolution Adopting the Fifth Amendment to the Capital Budget for FY 2013114
June1l,2014
Page 4 of 5
7. Scott Rakow Youth Center lce Rink -There is an addition to the scope of this
project to include renovation of existing areas to improve internal circulation of skate
rental and ticket purchase area, new showers and lockers rooms. This amendment will
be funded from 302-Pay As-You-Go Funds.
Prior Years' Approoriations $1,609,421
June 11, 2014 Budqet Amendment $283,000
Proposed Total Appropriations $1.892,421
8. South Pointe Park Remediation- Given the size of this park, the usage level,
and high expectations of residents and visitors, the Parks and Recreation
department is recommending additional trash receptacles be installed
throughout South Pointe Park as part of the turf remediation project. These
additional receptacles will improve both the cleanliness of the park and increase
overall customer satisfaction. The receptacles will be consistent with the design
and materials of those approved for use inside of South Pointe Park. ln addition
to the trash receptacles the department has been directed to install new signage
throughout the park to better inform visitors of important information regarding
park usage and hours as well as support the enforcement of motorized vehicles
in unauthorized areas. Project funding will come from 389 - South Pointe Capital
funds.
Prior Years' Appropriations $5,664,680
June 1 1, 2014 Budqet Amendment $30,000
Proposed Total Appropriations $5,694,680
9. Flamingo Park Fencing -This project will fund the purchase of a portable ball safety
netting system for the Flamingo Park Memorial Field. After the field opening and
continued usage, it has been identified that the lack of having some safety netting
between the field and adjacent running track poses a safety hazard for track users. The
Department has tried several less expensive options but none have been
successful. The parks department has identified a portable safety netting system that
seryes to provide the needed protection to the track users and is removable to
accommodate the field for other uses. The Department has requested that the $26,000
be transferred to a new project to purchase the netting system. The fence will be paid
for by funds previously appropriated for the RueA/endomel Bianilz Dr. Park & Garden
(302-PAYGO), which are no longer needed.
Prior Years' Appropriations $o
June 11. 2014 Budqet Amendment $26.000
Proposed Total Appropriations $26,000
490
Resolution Adopting the Fifth Amendment to the Capital Budget for FY 20'13114
Junel'l ,2014
Page 5 of 5
10. London House Apartment Rehabilitation - This project will provide twenty-four
units of affordable housing to low- and moderate-income families in Miami Beach. This
project is currently pending a Design/Build Request For Proposal that is being
administered by the Office of Procurement with joint oversight by the Capital
lmprovements Office and Office of Housing & Community Services. The bids will be
opened June 12, 2014 with the award of contractor to go to Commission on July 23'd.
The City has identified recaptured project funds within the following City funding sources:
CDBG, HOME, EDI and NSP3. The County's funds derive from CDBG ($69,9a2) and
Surtax ($800,000). The County's funds will go for formal assignment to the City via
approval by the County Board of Commissioners in July, and then will be applied to the
project, reducing its funding gap. The project has an anticipated completion date of
December 2015, and will be funded from the recaptured CDBG, HOME, EDI and NSP3
funds described above.
Prior Years' Aporopriations $o
June 11. 2014 Budoet Amendment $3,053.019
Proposed Total Appropriations $3.053.019
491
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE FIFTH AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2013/I4.
WHEREAS, the Miami Beach Capital Budget for FY 2013114 was approved and
appropriated via Resolution No. 201 3-28354 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, the Third Amendment to the Capital Budget for FY 2013114 was approved and
appropriated on March 5,2014, with the adoption of Resolution No. 2014-28524; and
WHEREAS, the Fourth Amendment to the Capital Budget tor FY 2013114 was approved and
appropriated on April 23, 2014, with the adoption of Resolution No. 2014-28565; and
WHEREAS, it is recommended the FY 2013114 Capital Budget be amended to add
appropriations totaling $19,393,019 and re-appropriate $26,000 between existing projects as
outlined in "Aftachment "C" - Capital Budget Projects"; and
WHEREAS, the proposed Fifth Amendment to the FY 2013114 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 Fifth
Amendment to the Capital Budget for Fiscal Year 2013114 as shown in Attachment A (Source of
Funds), Attachment B (Programs) and Aftachment C (Projects).
PASSED AND ADOPTED this 11fr day ofJune, 2014.
Attest:
Philip Levine, Mayor
APPROVED,AS TO
FONM & LA.|{GUAGE
& FOR EXECUTION
Rafael Granado, City Clerk
492
ATTACHMENT A
FY 2013114 CAPITAL BUDGET
SOURCE OF FUNDS
Amended 06111114
Funding Source Amended 4123114 Amended 6/11/14 Revised
1997 Parking Sys. Rev. Bonds $ 217,000 $ 217,000
2003 GO Bonds - Neighborhood lmpro\,ement 148,000 148,000
2003 GO Bonds - Parks & Beaches 553,000 80,000 633,000
2010 Parking Bonds Reso. 2O'lO-27491 160,000 160,000
7th Street Garage 1,900,000 1,900,000
Cenital Pr6ia.Js N.lf Finencea by Bonds 89,000 89,000
City Center RDA Capital Fund 15,073,000 15,O73,000
Capital Reserve 691 ,355 691,355
Communications Fund 40,000 40,000
Con\r'ention Center 3,701 ,000 3,701,000
Equipment Loan/Lease 4,644,000 4,644,000
Fleet [Vanagement Fund 160,000 160,000
Gulf Breeze 2006 (83,7s9)(83,759
Half Cent Trans it Surtax - County 1,569,000 1,569,000
lnfo & Communications Technology Fund 486,000 486,000
Local Option Gas Tax 544,000 544,000
Lowes Rolal Palm Proceeds 14,000,000 14,000,000
I\4B Quality of Life Resort Tax Fund - 1 yo 1,324,OOO 283,O00 1,607,000
l\4DC CDT lnterlocal-CDT/Res ort Tax Eligib 4,000,000 4,000,000
Mami-Dade County Bond 2,933,581 2,933,581
NB Ouality of Life Resort Tax Fund - 170 1,603,000 1,603,000
Parking Operatlons Fund 1 ,109,000 1 ,109,000
Pa}AAs-You-Go 1,896,000 s0,000 1,946,000
RDA- Anchor Garage Fund 485,000 485,000
Renewal & Replacement Fund 2,746,OOO 2,7 46,OOO
SB Quality of Life Resort Tax Fund - 170 980,O00 980,000
South Pointe Capital 8,333,000 535,000 8,868,000
South Pointe RDA 1,636,000 1,636,000
Storm Water Bnd Fund 431 RES@,zO 11-277 Az 529,O00 529,000
Stormwater Bonds 200OS (2s6,000)(256,000)
Stormwater LOC Reso. No 2009-27076 9,507,419 15,392,000 24,499,419
W&S GBL Series 2O10 CMB Reso 2009-27243 81 ,759 81,759
HUD Section 108 Loans 17,391 17 ,39'l
Water and Sewer Bonds 2O0Os 34,O00 34,000
People's Trans portation Fund 13,000 13,000
NSP3 Grant 71 1 ,669 71 1 ,669
EDI Grant 119,7 43
HOME Grants 1 ,603,419 1,603,419
Com m unity Deuelopment Block Grants 618,1 88 618,188
Total Appropriation as of 3/5/14 $ 80,863,746 $ 19,393,019 $ 10o,137,022
NOTE: - The Hamingo Park Fencing project wi be funded by funds previously appropriated for theingo Park Fencing
RuetVendome/Biarritz Dr- Park & Garden proiect.
493
ATTACHMENT B
FY 2013114 CAPITAL BUDGET
PROGRAMS
Amended OGl11114
Program Area A[Ylended 4123114 Amended 6/'11114 ReMsed
Art in Public Places $381,000 s381,000
Bridges 185,000 185,mO
Con\,ention Center 17,700,000 17,700,ON
Environmental 2,275,000 2,275,W
Equ ipm ent 8,626,000 8,626,0OO
General Public Buildings 3,920,000 3.053.O19 6.973,019
Golf Courses 967,000 967,OOO
lnformation Technology 4S3,000 493.000
lVbnuments 489,000 489,000
Parking 204,000 201,000
Parking Garages 12,525.OOO 12,525,Offi
Parking Lots 459,000 459,000
Parks 5,675,000 393,0O0 6,068,000
Renewal & Replacement 6,003,000 6,003,000
Seawalls 121,OOO 121,000
Streets/ Sidewalk lmps 5,295,746 r.5,947,00O 27,242,746
Tra nsiV Transportation 3,432,000 3,432,000
Utilities 12,1 1 3,000 12,113,000
Total Appropriation as oI 315114 $ 80,863,746 $ 19,393,019 $ 100,2s6,765
NOTE: - The Hamingo Park Fencing project will be funded by funds previously
appropriated for the RueNendome/Biaffitz Dr. Park & Garden proiect.
494
ATTACHMENTC
CAPITAL BUDGET
PROJECTS
Amended 061111'l4
Capita! Project Name Current Capital
Budget
Amended
06111114
Revised Capital
Budget
Ba\rshore Neiqhborhood $ 7.s29.338 $ 4,177,000 $ 11,706,338
Flam inqo Park Fencinq 26,000 26,000
London House Apartrnent Rehabilitation 3,053,019 3,053,019
Lower North Bay Rd 1 1 ,91 6,102 2,232,OOO 14,148,102
Muss Park 450,629 80,000 530,629
RueNendome/ Biarritz Dr. Park & Garden 26,000 (26,000)
Skott Rakow Youth Center lce Rink 1,609,421 283,000 1,492,421
South Pointe Park Remediation 5,664,680 30,000 1 2,801 .646
South Pointe RDA lm pro\ements Phase
I 12,771,646 505,000 955,629
Star ls land Enhancements 450,629 50,000 50,000
Venetian lsland 1 7,516,435 8,983,000 26,499,435
Total 57.934,880 {9.393.0'19 71,663,219
495
ait6'Es,ltTEapI$!ts6E.[E.E.l e8pIZ.- #onIO pr:A I"FT_z g;E*E;lxt fi f,iao r- *IgEq iEIgE rl*= e gtltr #i*E H $!str a|iz 3r{EE Eu* *IU 'U Eg,c b dEiT E-* o 6x{lllffi:=,qllrlt;()flt7_k6::):tt-x496
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497
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA,
ADOPTING THE THIRD AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND,
INTERNAL SERVICE FUND, AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR
2013t14.
Ensure expenditure trends are sustainable over the long term.
Supporting Data: N/A
Item Summary/Recommendation:
The budgets for the General Fund, Enterprise Funds, lnternal 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 2013114 was approved on September 30, 2013, with the adoption of
Resolution No. 2013-28359.
The First Amendment to the General Fund, Enterprise Funds, lntemal Service Funds, and Special
Revenue Funds budgets tor FY 2Q13114 was approved on January 15,2014, by resolution 2014-
28469. The Second Amendment to the General Fund, Enterprise Funds, lnternal Service Funds,
and Special Revenue Funds budgets for FY 2013114 was approved on April 23, 2Q14, by
resolution 2014-28564. Section 166.241(Q@.), Florida Statutes, requires that a municipality's
budget amendment must be adopted in the same manner as the original budget.
The Third Amendment will increase funding in the Risk Management Fund for additional
windstorm insurance coverage and properly budget for third pafi dental expenses in the Dental
Health Fund.
Financia! lnformation:
Source of
Funds
I
I
Amount Account
$335,000 Risk Management Fund
$160,000 Dental Health Fund
Clerk's Office
John Woodruff, OBPI Director
(B MIAMIBHACH 498
g MIAMI BEACH
Gity of ll/tiomi Beach, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochf .gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members oflthe City Co
FRoM: Jimmy L. Morales, CitY Manager
DATE: June 11, 2014
SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA" ADOPTING THE THIRD AMENDMENT TO THE
GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND
spEctAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2013114
ADMIN]STRATION RECOMMENDATION
Adopt the resolution amending the FY 2013114 General Fund, Enterprise Funds, lnternal
Service Funds, and Special Revenue Funds budgets.
KEY INTENDED OUTCOME SUPPORTED
Ensure expenditure trends are sustainable over the long term.
ANALYSIS
The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special
RevenuJ Funds for Fiscal Year 2013114 were approved on September 30, 2013, with the
adoption of Resolutions No.2013-28351 and No.2013-28355. The budgetforthe Police
Coniiscation Trust Funds for Fiscal Year 2013114 was approved on September 30, 2013'
with the adoption of Resolution No. 2013-28359.
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and
Special Revenue Funds budgets for FY 2013114 was approved on January 15,2A14'by
resolution 2014-28469. The Second Amendment to the General Fund, Enterprise Funds,
lnternal Service Funds, and Special Revenue Funds budgets for FY 2013/1 4 was approved
on April 23,2014, by resolution 201+28564. Section 166.2a1(a)(c-), Florida statutes,
requiies that a municipality's budget amendment must be adopted in the same manner as
the original budget.
The Third Amendment will increase funding in the Risk Management Fund for additional
windstorm insurance coverage and properly budget for third party dental expenses in the
Dental Health Fund.
499
Third Amendment to the FY 2013/14 General Fund, Enterprise, lnternal Sevice, and Special Revenue Funds Budgets
Page 2
Risk Manaqement Fund - Human Resources Department
The Third Amendment will increase the named windstorm insurance limit in the Risk
Management Fund by $5 million for a total of $15 million of coverage. The City of Miami
Beach purchases named windslorm insurance to help the city recover aftera named storm
event. The amount of coverage purchased by the City is partially based on the cost of this
coverage, which fluctuates in hard and soft markets and must fit within the City's budgetary
limitations. ln the last ten years, the amount of coverage purchased has ranged from $10 to
$25 million, in excess of applicable deductibles. For the last several years, the City has
purchased $10 million of coverage on total insurable values of $853 million.
ln order to meet the City's obligation under the Stafford Act and maximize eligibility for
assistance from the Federal Emergency Management Agency (FEMA) in lhe event of a
federally declared disaster, the City is required to purchase a "reasonable" amount of named
windstorm coverage. As noted in ltem R7E on the May 28,2014, Commission meeting
agenda, the State of Florida certified last year that the City's coverage was "reasonable",
however, under separate cover the City was advised to increase its named windstorm
coverage to ensure eligibility for FEMA assistance under the Stafford Act. Administration
recommends adding $5 million of additional named windstorm coverage at a cost of
$335,000 (including State of Florida surcharges) for June, 2014 to May, 2015 with additional
increases in future years. The cost of the additional coverage will be recovered by charging
the relevant City departments/funds through Risk Management internal service charges.
The $5 million increase for June,20'14 through May,2015 as well as additional
recommended annual increases is scheduled to be discussed atthe June 19,2014 Finance
and Cityrlide Projects Committee (FCWPC) meeting. Approving this amendmentwill allow
the funding to be in place, but the additional insurance will not be purchased until after the
review by the FCWPC.
Dental Health Fund - Human Resources Department
The Third Amendment will appropriate $160,000 of third party dental expenses in the Dental
Health Fund. During the FY 2013114 budget process, the revenues associated with third
party dental were budgeted accurately; however, a portion of the expenses was not properly
budgeted. The proposed amendment is a housekeeping item that will properly budget the
expenses associated with the third party dental plan in the Dental Health Fund.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Third
Amendment to the General Fund, Enterprise Fund, lnternal Service Fund, and Special
Revenue Fund Budgets for Fiscal Year(FY) 2013114.
JLM:JW---
/<t)\--l
500
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMTSSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE THIRD AMENDMENT TO
THE GENERAL FUND, ENTERPRISE FUND, INTERNAL
SERVICE FUND, AND SPEGIAL REVENUE FUND
BUDGETS FOR FTSCAL YEAR (FY) 2013114.
WHEREAS, the budgets for the General Fund, Enterprise Funds, lnternal
Service Funds, and Special Revenue Funds for Fiscal Year 2013114 were approved on
September 30, 2013, with the adoption of Resolution Nos.2013-28351 and 2013-28355;
and
WHEREAS, the First Amendment to the General Fund, Enterprise Fund, lnternal
Service Fund, and Special Revenue Fund budgets for Fiscal Year 2013114 was
approved on January 15,2014, with the adoption of Resolution No. 201428469; and
WHEREAS, the Second Amendment to the General Fund, Enterprise Fund,
lnternal Service Fund, and Special Revenue Fund budgets for Fiscal Year 2013/14 was
approved on April 23,2014, with the adoption of Resolution No. 2014-28564; and
WHEREAS, the proposed budget amendment adds additional named windstorm
insurance coverage in the Risk Management Fund and properly budgets expenses
associated with the third party dental plan in the Dental Health Fund as reflected in the
attached Exhibit "A".
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 adopt the Third Amendment to the General Fund, Enterprise Fund, lnternal
Service Fund, and Special Revenue Fund Budgets for Fiscal Year (FY) 2013114 as
shown in Exhibit "A".
PASSED and ADOPTED this 11th day of June, 2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAPHAEL E. GRANADO, CITY CLERK
APPROVEDASTO
FORM &LANGUAGE
&FORE)(ECUTION
v\t lt
Datecity Attorney
City Attorney Date
501
Exhibit "A"
at aoltlt4
502
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lntended Outcome Su
Supporting Data (Surveys, Environmental Scan, etc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving And Accepting, Following A Duly Noticed Public Hearing, As Required Pursuant To
Section 82-504 Of The City Code, The Recommendation Of The Neighborhood/Community Affairs Committee
At lts March 29,2014 Meeting To Place A Plaque Honoring Jerry Moss lnside The Flamingo Park Tennis
Center.
Board Recommendation:
Financial
AGEND; }TEM R1C
PUBLC HEARING
On April 27,2010, the Neighborhoods/Community Affairs Committee discussed honoring Jerry Moss with a
plaque to be placed at the Flamingo Park Tennis Center. The Committee moved to refer the item to the Art in
Public Places Committee with the caveat that the Administration consider a design that allows for recognitions
of others in the future. However, no further action was taken at that time.
On September 30, 2013, the item was again discussed at the Neighborhood/Community Affairs Committee.
The Committee directed staff to explore placing a plaque at the Flamingo Park Tennis Center while
incorporating a Wall of Honor or something similar which would allow for the names of olhers to be placed on
the "Honor List". ln addition, the Commiltee referred lhe item to the Tennis Advisory Committee for further
discussion. The Tennis Advisory Committee discussed the item during the December 18, 2013 meeting.
Since a "Wall of Fame" plaque already exists inside of the Flamingo Park Tennis Center, the Committee made
a recommendation to the Neighborhoods/Comm unity Affairs Committee to memorialize the history of Miami
Beach Tennis starting with the placement of a plaque or other decorative feature honoring the significant
contributions made by Jeny Moss and to work with the Tennis Advisory Committee to move it forward. On
January 27, 2014, Commission Malakoff requested to place on the February 12, 2014 City Commission
agenda a request for referral to the Neighborhood/Community Affairs Committee for discussion of placing a
plaque at the Flamingo Park Tennis Center in memory of Jerry Moss, to read "ln Memory of Jerry Moss, the
First National Tennis Champion from Miami Beach." The item was discussed again at the March 29,2014,
Neighborhoods/Community Affairs Committee meeting. The Committee recommended that an item be
presented to the full City Commission approving the placement of a plaque inside the Flamingo Park Tennis
Center. ln order to be consistent with the two existing plaques inside of the facility, the recommendation is to
install a 12 x 12 bronze plaque inside the Flamingo Park Tennis Center, (please refer to Exhibit A). The
estimated cost of the plaque is approximately $1,000 plus $375 for installation, for a total of $1,375.
Pursuant to Section 82-504 of the City's Code, upon approval and recommendation by the
Neighborhood/Community Affairs Committee the Administration recommends that the City Commission adopt
the resolution for the mem orial Jerry Moss.
munity Affairs Committee moved to present the proposed resolution at their meeting of
Source of
Funds:
Amount Account
1 $1,375 305-232-0000674
2
Total
Financial lmpact Summary:
Clerk's Office
John Rebar XT. 6644
E MIAMIBEACH D^te 6-ll- lc/504
g MIAMIBEACH
Ciry of ifiomi Beoch, l70O Convention Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeoch{l.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of tnl City Comfiission
FRoM: Jimmy L. Morales. City Manaser h I =DATE: June 11,2014 PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSIoN oF THECITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS
COMMITTEE AT ITS MARCH 29, 2014 MEETING AND APPROVING,
FOLLOWING A DULY NOTICED PUBLIC HEARING, THE PLACEMENT
OF A COMMEMORATIVE PLAQUE HONORING JERRY MOSS TO BE
INSTALLED INSIDE OF THE FLAMINGO PARK TENNIS CENTER,
LOCATED AT I2OO MERIDIAN AVENUE, MIAMI BEACH, FLORIDA.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the resolution.
BACKGROUND
Jerry Moss began playing tennis at a very early age, winning tournaments at Flamingo Park Tennis
Center on Miami Beach. He entered his first tournament at age 10, reaching the finals, and was 1ustunder 12 when he won his first national tournament, the Orange Bowl Junior Championship. Mr.
Moss progressed through the junior ranks, U.s. Boys'singles champion (15 and Under), U.s.
Singles and Doubles Champion (18 and Under), member of the U.S. Davis Cup team, until entering
the University of Miami in 1958. As a Miami Hurricane, Mr. Moss earned All-American honors two
years, was team captain in 1959 and had a career record of 70-1 playing #1 singles and doubles.
His biggest win came after leaving the University of Miami when he defeated the worlds #1 ranked
player, Rod Laver, in the 1961 Masters Championship.
On April 27,2O1O, the Neighborhood/Community Affairs Committee discussed honoring Mr. Moss
with a plaque to be placed at the Flamingo Park Tennis Center. The Committee moved to refer the
item to the Art in Public Places Committee with the caveat that the Administration consider a design
that allows for recognitions of others in the future. However, no further action was taken at that
time.
On September 30, 2013, the item was again discussed at the Neighborhood/Community Affairs
Committee. The Committee directed staff to explore placing a plaque at the Flamingo eark Tennis
Center while incorporating a Wall of Honor or something similar which would allow for the names of
others to be placed on the "Honor List". ln addition, the Committee referred the item to the Tennis
Advisory Committee for further discussion.
ff9 Te11s Advisory Committee discussed the item during the December 18,2013 meeting. Since a"Wall of Fame" plaque already exists inside of the Flamingo Park Tennis Center, the Clommittee
505
City Commission Memorandum - Moss Plaque at Flamingo Tennis -Public Hearing
June11,2014
Page 2 of 2
made a recommendation to the Neighborhood/Community Affairs Committee to memorialize the
history of Miami Beach Tennis starting with the placement of a plaque or other decorative feature
honoring the significant contributions made by Jerry Moss and to work with the Tennis Advisory
Committee to move it foruard.
On January 27, 2014, Commission Malakoff requested to place on the February 12, 2014 City
Commission agenda a request for referral to the Neighborhood/Community Affairs Committee for
discussion of placing a plaque at the Flamingo Park Tennis Center In memory of Jerry Moss, to read
"ln Memory of Jerry Moss, the First National Tennis Champion from Miami Beach.' The item was
discussed again at the March 29,2014, Neighborhood/Community Affairs Committee meeting. The
Committee recommended by a majority vote that an item be presented to the full City Commission
approving the placement of a commemorative plaque inside the Flamingo Park Tennis Center. ln
order to be consistent with the two existing plaques inside of the facility, the recommendation is to
install a 12 x 12 bronze plaque inside the Flamingo Park Tennis Center, as set forth in the attached
Exhibit A. The estimated cost of the plaque is approximately $1 ,000 plus 9375 for installation, for a
total of $1,375, with ongoing maintenance of approximately $100 ever five years.
CONCLUSION
Pursuant to Section 82-504 of the City's Code, upon approval and recommendation by the
Neighborhood/Community Affairs Committee and a public hearing regarding the placement of the
commemorative plaque, the Administration recommends that the City Commission adopt the
resolution.
,arurt,,ffifiK
T:\AGENDAUOl4Uune\Parks and Recuerry Mossuerry Moss Plaque Flamingo Tennis Center Commission Public Hearing MEMO-docx
506
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CIry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS MARCH 29, 2014 MEETING AND
APPROVING, FOLLOWING A DULY NOTICED PUBLIC HEARING,
THE PLACEMENT OF A COMMEMORATIVE PLAQUE HONORING
JERRY MOSS TO BE INSTALLED INSIDE OF THE FLAMINGO PARK
TENNIS CENTER, LOCATED AT 12OO MERIDIAN AVENUE, MIAMI
BEACH, FLORIDA.
WHEREAS, on April 27, 2010, the Neighborhood/Community Affairs Committee
discussed honoring Jerry Moss with a plaque to be placed at the Flamingo Park Tennis Center
and moved to refer the item to the Art in Public Places Committee with the caveat that the
Adminlstration consider a design that allows for recognitions of others ln the future; however, no
further action was taken at that time; and
WHEREAS, on September 30, 2013, the item was again discussed at the
Neighborhood/Community Affairs Committee and the Committee directed staff to explore
placing a plaque at the Flamingo Park Tennis Center while incorporating a Wall of Honor or
similar tribute that would allow for the names of others to be placed on an "Honor List"; and also
referred the item to the Tennis Advisory Committee for further discussion; and
WHEREAS, the Tennis Advisory Committee discussed the item during its December 18,
2013 meeting and determined that since a "Wall of Fame" plaque already exists inside of the
Flamingo Park Tennis Center, the Committee made a recommendation to the
Neighborhoods/Community Affairs Committee to memorialize the history of Miami Beach Tennis
starting with the placement of a plaque or other decorative feature honoring the significant
contributions made by Jerry Moss and to work with the Tennis Advisory Committee to move it
fonrard; and
WHEREAS, on January 27, 2014, Commissioner Joy Malakoff requested that the City
Manager place on the February 12,2014 City Commission agenda a request for referral to the
Neighborhood/Community Affairs Committee to discuss the placement of a plaque at the
Flamingo Park Tennis Center, located at 1200 Meridian Avenue, Miami Beach, Florida, in
memory of Jerry Moss, to read "ln Memory of Jerry Moss, the First National Tennis Champion
from Miami Beach"; and
WHEREAS, the item was discussed again at the March 29, 2014,
Neighborhoods/Community Affairs Committee meeting where the Committee recommended
that an item be presented to the full City Commission approving the placement of a plaque in
memory of Jerry Moss inside the Flamingo Park Tennis Center; and
WHEREAS, in order to be consistent with the two existing plaques inside of the facility,
the Neighborhood/Community Affairs Committee recommended the installation of a 12 x 12
bronze plaque inside the Flamingo Park Tennis Center, as set forth in the attached Exhibit A.
The estimated cost of the plaque is approximately $1,000 plus $375 for installation, for a total
cost of $1 ,375 and on-going maintenance costs of$100 every 5 years; and
507
WHEREAS, pursuant to Section 82-504 of the City Code, upon approval and
recommendation by the NeighborhoodiCommunity Affairs Committee by a majority vote, the
City Commission set a public hearing regarding the placement of the commemorative plaque in
honor of Jerry Moss for the June 11, 2014 City Commission meeting.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee at its March 29,2014 meeting, and approve, following a duly noticed public hearing,
the placement of a commemorative plaque honoring Jerry Moss, to be installed inside of the
Flamingo Park Tennis Center located at 1200 Meridian Avenue, Miami Beach, Florida as set
forth herein.
PASSED and ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
T:WGENDA\2o14uune\Parks and Recuerry
RESO.doc
day of 2014.
Philip Levine, Mayor
APPROVEDAS TC
FORM & LAI,]GUAGE
& FOR EXECUI ION
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Mossuerry Moss Plaque Flamingo Tennis Center Commission Public
508
fr@'E-!(JE6(,zpgcfi#IfEefl{niEL.E!lFEE*EEE P.lpI>+ Jl5* rah Pt:a hPi,!, 6u E,3 >r.5* E =#;TE flITo r xli= q iEI<E yq*=E PHIta ii*L U ar iibg ta#g $;5i!# =EEe-:l .iEv *rrr l^6 EL* i ib; f; s-* o afr(Jdu*3d{<'t!t:()Ri:d463EF509
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution To Consider Approval, Following First Reading/Public Hearing, Of A Development Agreement Between The
City Of Miami Beach (City) And Jameck Development, lnc. (Jameck, Developer) For The Design, Development, And
Construction Of Certain Streetscape lmprovement ln The City's Right Of Way, At The Portion Of Euclid Avenue Between
Lincoln Road And Lincoln Lane South (Euclid Right Of Way Project), lncluding, Without Limitation, Removal Of The
Disconnect Vault And Landscape, lnstallation Of New Hardscape, Landscape, Street Lighting, And Closure Of A Portion Of
Euclid Avenue To Vehicular Traffic As Part Of An Extension Of Lincoln Road Pedestrian Mall; Said Project Having A Total
Budget Cost To The City, ln The Total Sum Of $485,821, Appropriated From Miami Beach Redevelopment Agency
(Historic Convention Villageicity Center RDA) Funds; And Further Setting The Second And Final Reading Of The
ent Aqreement For A Time Certain On Julv 23.2014.
Ensure well desioned oual -- lncrease Communitv Satisfaction with Citv Services
pporting Data (Surveys, Environmental Scan, etc.): Based on the 2012 community survey, recently completed capital
projects were highly rated by both residents and businesses.
Item Summary/Recommendation:
The owner of Lincoln Center Associates, LLC, approached the City to enter into a development agreement for the closure
of a portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of
the Lincoln Road pedestrian mall, and the construction of Streetscape lmprovements in the City's rightof-way. This item
was discussed at the July 10,2012 Finance and Citywide Projects Commission Committee and subsequently referred to
the September 19,2012 Land Use and Development meeting for further discussion.
The FY 2012113 Capital lmprovement Plan tor 20'12113 through 2016117 was approved at the Septembet 27,2012 RDA
meeting howev.er the Euclid Avenue Street End Project was requested to return to commission for additional discussion. At
the October 24"' 2012 Commission meeting, referring to the results of the Sepiembet 19,2012 Land Use and Development
meeting, the Commission voted to move the discussion of the Euclid Street End project to the full Commission with no
recommendation, with a request for the information on all the projects on the capital projects list.
At the May 8, 2013 Commission meeting the Commission voted to refer the project to the May 13,2013 Finance and
Citywide Projects Commission meeting for further discussion. At the May 13, 2013 Finance and Citywide Projects
Commission Meeting the Committee requested a Letter to Commission on the item and a Resolution for the June 5, 2013
Commission meeting.
On June 5,2013 the City Commission adopted Resolution No.2013-28236 approving the conceptual plan developed for
the Euclid Avenue Street End Project on Lincoln Road. Since the June 2013 Commission meeting, the City staff has been
negotiating with Jameck Development, lnc., Developer, to further develop design concepts, construction schedules, and
cost estimates, plus terms and conditions for a negotiated development agreement.
On October 8, 20'13, the Historic Preservation Board (HPB) of the City, pursuant to an order under HPB File No. 7385,
issued a certificate of appropriateness granting approval of streetscape improvements in the City's right of way, including,
but not limited to, the removal of the disconnect vault and landscape, installation of new hardscape, landscape and street
lighting (collectively "Streetscape lmprovements"), and the closure of a portion of Euclid Avenue to vehicular tratfic, as part
of an extension of the pedestrian mall.
A summary of the proposed development agreement can be found in the attached memorandum and a full copy of the
reement is also attached.
Financial lnformation:
Financial lmpact Summary:Funds for this project were approved by the City Commission as part of the City Center
Center RDA) in the FY 2012113 and FY 2013114 Ca
FY 2012113: - 365 City Center RDA Capital Fund.
FY 2013114:- 365 Citv Center RDA Capital Fund.
Max Sklar, Ext. 61 16
AGENDA ITEM RJ DE MIAMIBEACH D,ffz 6-ll^l{510
TO:
E MIAMIBEACH
CO SSION MEMORANDUM
Mayor Philip Levine and Mem of the City mrssron
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUBJECT:A RESOLUTION OF THE MAYORhND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, FOLLOWNG FIRST
READING/PUBLIC HEARING, A DEVELOPMENT AGREEMENT BETWEEN
THE CITY AND JAMECK DEVELOPMENT, tNC. (JAMECK OR DEVELOPER)
FOR THE DESIGN, DEVELOPMENT, AND GONSTRUCTION OF CERTAIN
STREETSCAPE IMPROVEMENT IN THE CITY'S RIGHT OF WAY, AT THE
PORTION OF EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINGOLN
LANE SOUTH (EUCLID RIGHT OF WAY PROJECT OR THE PROJECT)
INCLUDING, WITHOUT LIMITATION, REMOVAL OF THE DISCONNECT
VAULT AND LANDSCAPE, INSTALLATION OF NEW HARDSCAPE,
LANDSGAPE, STREET LIGHTING, AND GLOSURE OF A PORTION OF
EUCLID AVENUE TO VEHICULAR TRAFFIC AS PART OF AN EXTENSION OF
THE LINGOLN ROAD PEDESTRIAN MALL; SAID PROJEGT HAVING A
TOTAL BUDGETED COST TO THE CIry, IN THE TOTAL SUM OF $485,821,
WITH ANY ADDITIONAL FUNDS FOR THE PROJECT TO BE COVERED BY
THE DEVELOPER; W|TH SUCH CITY FUNDS TO BE APPROPRIATED FROM
MIAM| BEACH REDEVELOPMENT AGENCY (HISTORIC CONVENTION
VILLAGE/CITY CENTER RDA) FUNDS; AND FURTHER SETTING THE
SECOND AND FINAL READING OF THE DEVELOPMENT AGREEMENT FOR
A TIME CERTAIN ON JULY 23,2014,
ADMI NISTRATION RECOMMENDATION
Adopt the Resolution on First Reading/Public Hearing and Set the Second and Final Reading for
July 23,2014.
KEY INTENDED OUTCOME SUPPORTED
Ensure well designed quality capital projects
lncrease Community Satisfaction with City Services
FUNDING
FY 2012113'. $416,820 - 365 City Center RDA Capital Fund.
FY 2013114'. $69,000 - 365 City Center RDA Capital Fund.
BACKGROUND
511
City Commission Memorandum
Euclid Avenue Street End Project
Jameck Development, lnc. - Development Agreement
June 11, 2014
Page 2 of I
Lincoln Road has been Miami Beach's best known commercial corridor since the City was first
developed. lt was primarily the product of Carl Fisher, who named the street after Abraham
Lincoln. Early developments on Lincoln Road included Carl Fisher's residence, the Lincoln Hotel
(Fisher's first hotel) located at Lincoln Road and Washington Avenue, the Community Church
located on land donated by Carl Fisher at Lincoln Road and Drexel Avenue, and the Carl Fisher
office building (formerly Van Dyke's) at Lincoln Road and Jefferson Avenue. Frequently referred to
as Miami Beach's Fifth Avenue, Llncoln Road contained many of South Florida's and America's
most prominent retailers, including Bonwit Teller, Saks Fifth Avenue, Elizabeth Arden, Doubleday,
and others. The quality and variety of merchandise available on Lincoln Road figured prominently
in Miami Beach promotional literature and was a significant factor in the development of Miami
Beach as a visitor and residential destination.
ln an effort to compete wlth the development of suburban shopping centers, eight blocks of Lincoln
Road were closed to vehiculartraffic in 1959. A pedestrian mall with fountains, flower beds, and
shade/display structures was designed by architect Morris Lapidus, one of the most famous of the
local architects of the time. The design of the mall and the motorized tram system were
considered very progressive and were expected to re-establish Lincoln Road's primacy among
local commercial districts. lt was during this time that many historic buildings and storefronts were
"updated" with the addition of false facades and modern surfaces.
During the 1960's and 1970's, Lincoln Road experienced a decline due to a variety of reasons,
including reduced tourism, increased competition from Bal Harbour and other suburban shopping
centers, as well as the lessening income of surrounding residents. ln 1994 a substantial renovation
and rehabilitation of the original Lapidus design of Lincoln Road was completed. As part of this
renovation, the vehicular access from Alton Road to Lenox Avenue was redesigned, incorporated
a large landscaped median.
ln 1997, the City Commission entered in to a development agreement with UIA Management,
developer of 1111 Lincoln Road, to close the 1100 block of Lincoln Road from Lenox Avenue to
Alton Road, which provided a new pedestrian plaza, extending the pedestrian portion of Lincoln
Road west to Alton Road.
ANALYSIS
The principal of Lincoln Center Associates, LLC, Melvyn Schlesser, which also owns a parking lot
adjacent to Euclid Avenue, between Lincoln Road and Lincoln Lane South, approached the City to
enter into a development agreement for the closure of a portion of Euclid Avenue, between Lincoln
Road and Lincoln Lane South, to vehicular traffic, as part of an extenslon of the Lincoln Road
pedestrian mall, and the construction of Streetscape lmprovements in the City's right-of-way (the
Project).
This item was discussed at the July 10, 2012 Finance and Citywide Projects Commlssion
Committee, and subsequently referred to the September 19, 2012 Land Use and Development
meeting for further discussion. At the Land Use and Development meeting, community members
spoke in support of the Project and the Committee requested that the Administration provide an
analysis of how other projects that are currently scheduled for future funding might be affected if
the proposed Project was not funded for FY 2012113. This analysis was provided in the September
26, 2012 Project Update Letter to Commission (LTC).
The FY 2012113 Capital lmprovement Plan for 2012113 through 2016117 was approved at the
512
City Commisslon Memorandum
Euclid Avenue Street End Project
Jameck Development, lnc. - Development Agreement
June 11 , 2014
Page 3 of 8
September 27, 2012 RDA meeting; however, the Project was requested to return to the City
Commission for additional discussion. The City Commission subsequently requested a re-
evaluation of the priority of spending $416,820 on this Pro1ect against other needs (additional
police, shade structures, pavers on Lincoln Lane, ongoing maintenance etc).
At the Octobet 24t^ 2012 City Commission meeting, based on the review from the September 19,
2012 Land Use and Development meeting, the City Commission requested information on all the
Projects on the City Capital Projects list.
At the May 8, 2013 Commission meeting, the Commission voted to refer the Project to the May 13,
2013 Finance and Cltywide Projects Commission meeting for fu(her discussion.
At the May 13,2013 Finance and Citywide Projects Commission Meeting, the Committee
requested a Letterto Commission on the item and a Resolution forthe June 5,2013 Commission
meeting.
On June 5,2013 the City Commission adopted Resolution No. 2013-28236, approving the
conceptual plan developed for the Project, with funding to come from City Center Redevelopment
District Funds, and further authorized the City Manager to enter into negotiations with the
developer, to design and build the project.
Please note that funds for this Project were approved by the City Commlssion as part of the City
Center Redevelopment District Funds (City Center RDA) in the FY 2012113 and FY 2013114
Capital Budget.
On October 8, 2013, the City's Historic Preservation Board (HPB), pursuant to an order under HPB
File No. 7385, issued a Certificate of Appropriateness granting approval of streetscape
improvements in the City's right of way, including, but not limited to, the removal of the disconnect
vault and landscape, installation of new hardscape, landscape and street lighting (collectively
"Streetscape lmprovements'), and the closure of a portion of Euclid Avenue to vehicular traffic, as
part of an extension of the pedestrian mall. A copy of the slgned HPB Order is attached hereto as
Exhibit "1".
Since the June 2013 Commission meeting, the City staff has been negotiating with Jameck
Development, lnc. (the Developer) to further develop design concepts, construction schedules, and
cost estimates, plus terms and conditions for a negotiated development agreement.
The highlights of the proposed
Parties and Proiect
Owner or City:
Developer:
development agreement, are as follows:
City of Miami Beach
Jameck Development, lnc., a Florida corporation, is the
Developer selected by the City to design, develop and
construct the lmprovements pursuant to a Development
Agreement to be entered into between City and
Developer, in accordance with the Florida Local
Government Development Agreement Act (F.S. 163.3220
- 163.3243).
513
City Commission Memorandum
Euclid Avenue Street End Project
Jameck Development, lnc. - Development Agreement
June 11, 2014
Page 4 of I
Architect:
General Contractor:
Construction Manager:
Project Description:
Project Site:
lmprovements:
R+O Studio, LLC. The Architect shall contract with
Developer to provide professional services for the design
and construction of the lmprovements. Developer's
agreement with Architect shall be subject to.City's review
and approval prior to such agreement being executed
between Developer and Architect.
Developer shall enter into a cost plus with a Guaranteed
Maximum Price contract (GMP Contract) with a contractor
(General Contractor) to construct the lmprovements.
Developer shall select the General Contractor pursuant to
a competitive bidding process which will be developed,
initiated, and overseen by Developer; provided, however,
that the City shall have the right to approve the
recommended General Contractor, which approval shall
not be unreasonably withheld, conditioned, or delayed.
The City shall also have the right to review and approve
the GMP Contract with the selected General Contractor
prior to such Contract belng executed between Developer
and General Contractor.
Developer has selected Arlen Construction Group, lnc.
(Arlen) to act on behalf of Developer as the Project
construction manager. The construction manager fees
shall be paid by Developer.
The closure of a portion of Euclid Avenue, between
Lincoln Road and Lincoln Lane South, to vehicular traffic,
as part of an extension of the Lincoln Road pedestrian
mall, and the construction of streetscape lmprovements in
the City's righlof-way (hereinafter defined as the
lmprovements).
Euclid Avenue, between Lincoln Road and Lincoln Lane
South, Miaml Beach, Florida.
The lmprovements shall consist of the removal of the
planted area where Euclid Avenue intersects with Lincoln
Road, including the electrical disconnect vault, and
relocating the disconnects to the electrical vault in the
Lincoln Center parking lot. The curb, sidewalk and
roadway of Euclid Avenue, from Lincoln Road to the north
side of Lincoln Lane South, will be replaced with a new
designed black and white concrete pattern and new
planting areas will be added. That part of Euclid Avenue
will become a pedestrian mall. A pedestrian drop-off area
shall also be designed for the Project, in a manner to be
reviewed and approved by the City's Public Works
Department.
514
City Commission Memorandum
Euclid Avenue Street End Project
Jameck Development, Inc. - Development Agreement
June 11, 2014
Page 5 of I
Proiect CosUResponsibilities:
Project Cost:
Cost to City:
Cost to Developer:
Developer Liability:
Proiect Desiqn/Gonstruction :
City Design Approvals:
The lmprovements shall be designed, developed, and
constructed substantially in accordance with a Concept
Plan, which has been approved by the City Commission
and the Historic Preservation Board and which shall be
attached and incorporated as an exhlbit to the
Development Agreement.
An inltial budget for the lmprovements is attached as
Exhibit "F" of the Development Agreement.
City shall fund the hard costs of the lmprovements, in an
amount not to exceed $485,821 (City Costs), subject to
approval of the City Commission. City shall not be
responsible forthe disbursement of any sums in excess of
the City Costs, except for approved change orders, which
shall be limited to City requested change orders, force
majeure events, and/or unknown site conditions.
Developer shall fund the soft costs of the lmprovements,
which are estimated to be approximately $100,000
(Developer Costs).
Developer shall not be liable for design or construction
defects except in the event caused by Developer's gross
negligence.
Following execution of the Development Agreement and
City Commission approval of the Project Concept Plan,
City (in its proprietary capacity as Owner) shall have prior
revlew and approval rights of the plans and specifications
for the lmprovements, during the following stages of the
design phase. (a) schematics; (b) design development
drawings; (c) 60% construction drawings; and (d) 100%
construction drawings. ln addition to the aforestated
proprietary review and approvals, Developer shall be
solely responsible for securing any and all final non-
appealable approvals for the lmprovements, as may be
required by the City, in its regulatory capacity.
Upon obtaining the City's approval of the 60%
construction drawings, Developer shall submit the
construction of the lmprovements for bids. lf the bids
exceed the City Costs (i.e. $485,821), then the City
Commission, at its sole discretion, may elect to: (1) have
the Developer (and its Architect and Contractor) value
GMP Contract:
515
City Commission Memorandum
Euclid Avenue Street End Prcject
Jameck Development, lnc. - Development Agreement
June 11, 2014
Page 6 of I
Contract Time:
engineer the Project (at Developer's sole cost and at no
cost to the City) to get it back within the estimated cost to
the Clty; (2) add more money to the Prolect construction
budget (i.e. increase the City Costs); or (3) termlnate the
Development Agreement, without further liability to the
City. Alternatively, Developer shall have the right, but not
the obligation to pay for the costs in excess of the City
Costs, so long as the increased cost of the lmprovements
is not likely to materially increase the future maintenance
costs to be incurred by the City after completion of the
lmprovements, as reasonably determined by the City.
Notwithstanding the preceding, if the City Commisslon
elects to value engineer the Project, and the resulting
value-engineered Project reflects material changes to the
lmprovements from those described in the approved
Concept Plan ("Material changes" shall be determined by
the City Commission, in its sole and absolute discretion),
and the City and Developer are unable to agree on a
modified Project design, then either City or Developer
shall have the right to terminate the Development
Agreement, without further liability.
The lmprovements shall be substantially completed within
six (6) months after the issuance of permit(s) to
commence construction and the Notice to Proceed
(unless extended as a result of force majeure events, or
by mutual agreement of the parties). Final completion of
the lmprovements shall be achieved within thirty (30) days
from the date certified by the Architect as the date of
Substantial Completion.
Warranties, Bonds, lndemnities and Developer shall cause the Architect and Generallnsurance: Contractor to provlde warranties, indemnities and
insurance ln favor of City. Prior to commencement of
construction, Developer shall cause the General
Contractor to furnish City with payment and performance
bonds that identify City and Developer as co-obligees.
City shall be a third party beneflciary to the Developer's
agreement with the Architect and the GMP Contract.
Construction Staging:Construction staging for the Project will be confined to the
Project Site, thereby not impacting adjacent commercial
areas. Developer shall develop a plan for construction
staging in order for access to the adjacent commercial
areas to be continually maintained with only minimal
disruptions. Such plan shall be subject to City's prior
approval, which shall not be unreasonably withheld,
conditioned or delayed.
516
City Commission Memorandum
Euclid Avenue Street End Project
Jameck Development, lnc. - Development Agreement
June 11,2014
Page 7 of I
Underground Utilities:
Construction Schedule:
Environmental Matters:
Art in Public Places ('AlPP"):
E!!!.@[!!g:
Public Benefits:
Other:
Easements:
City, as part of the City Costs, will be solely responsible
for relocating any underground utilities now existing on
the Project Site.
The Project construction schedule shall be provided by
the Developer to the City for the City's approval, which
shall not be unreasonably withheld. Such schedule may
be modified from time to time as a result of an approved
change order.
Developer shall be responsible for conducting
environmental due diligence prior to construction to
assess the environmental site conditions and subsequent
remediation needs, if applicable. City is responsible (at its
cost) for any required environmental remediation within
the Project Site; provided, however that if the cost of such
remediation is, in the sole and reasonable business
judgment of City, economically unfeasible, then City shall
have the right to terminate the Development Agreement,
without any further liability.
As per Chapter 82 of the Miami Beach City Code, an Art
ln Public Places (AIPP) contribution does not apply to the
proposed Project because the lmprovements are defined
as streetscape beautification projects, which include but
are not limited to, one or all of the following elements:
resurfacing, new curbs, gutters, pavers, sidewalks,
landscaping, lighting, bus shelters, bus benches, street
furniture and signage.
The Project will benefit the public in the following ways:
(a) by removing delivery vehicles at the end of Euclid
Avenue just south of Lincoln Road and establishing a
delivery vehicle loadlng zone south of Lincoln Lane South
that will permit such vehicles to travel east or west
through Lincoln Lane South instead of having to back up
and turn around to exit on Euclid Avenue; (b) by providing
the Flamingo Park residents with an entrance to Lincoln
Road off Euclid Avenue; and (c) by creating more space
for performances at the Euclid Oval.
Developer shall grant to the City, upon completion of the
Project, a permanent easement for the new electrical
vault that is being moved onto Developer's property as
part of the lmprovements.
517
City Commission Memorandum
Euclid Avenue Street End Project
Jameck Development" lnc. - Development Agreement
June 11, 2014
Page I of I
Maintenance:Developer shall perform the following maintenance of the
lmprovements: sweeping of the street that is part of the
Project Site, trash removal within the Project Site, and
maintenance of the landscaping in the Project Site (but
not replacement of the landscaping). The balance of the
maintenance shall be performed by the City.
CONCLUSION
The Administration recommends adopting the attached Resolution and Development Agreement, a
copy of which is attached hereto as Exhibit "2", on First Reading/Public Hearing, and setting the
Second and Final Reading for July 23,2014.
iilliJl[fi.t'iffio\Eucrid street End DA Memo docx
518
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING
FIRST READING/PUBLIC HEARING, A DEVELOPMENT
AGREEMENT BETWEEN THE CITY AND JAMECK DEVELOPMENT,lNc. (JAMECK OR DEVELOPER) FOR THE DEStcN,
DEVELOPMENT, AND CONSTRUCTION OF CERTAIN
STREETSCAPE IMPROVEMENT IN THE CITY'S RIGHT OF WAY, AT
THE PORTION OF EUCLID AVENUE BETWEEN LINCOLN ROAD
AND LINCOLN LANE SOUTH (EUCL|D RtcHT OF WAy PROJECT
oR THE PROJECT) TNCLUD!NG, WTTHOUT LtMtTATtON, REMOVAL
OF THE DISCONNECT VAULT AND LANDSCAPE, INSTALLATION
OF NEW HARDSCAPE, LANDSCAPE, STREET LIGHTING, AND
CLOSURE OF A PORTION OF EUCLID AVENUE TO VEHICULAR
TRAFFIC AS PART OF AN EXTENSION OF THE LINCOLN ROAD
PEDESTRIAN MALL; SAiD PROJECT HAVING A
TOTAL BUDGETED COST TO THE CITY, IN THE TOTAL SUM OF
$485,821, WITH ANY ADDTTIONAL FUNDS FOR THE PROJECT TO
BE COVERED BY THE DEVELOPER; WITH SUCH CITY FUNDS TO
BE APPROPRIATED FROM MIAMI BEACH REDEVELOPMENT
AGENCY (HISTOR|C CONVENTTON VTLLAGE/C|TY CENTER RDA)
FUNDS; AND FURTHER SETTING THE SECOND AND FINAL
READING OF THE DEVELOPMENT AGREEMENT FOR A TIME
CERTAIN ON JULY 23,2014,
WHEREAS, the City is the owner of certain land located on Euclid Avenue,
between Lincoln Road and Lincoln Lane South, in Miami Beach, Florida (the "Project
Site"); and
WHEREAS, Lincoln Center Associates, LLC, a Florida limited liability company
("Lincoln Center") is an affiliate of Developer and is the owner of certain land adjacent to
the Project Site, on which a parking lot is located (the "Lincoln Center Parking Lot"); and
WHEREAS, on October 8, 2013, the City's Historic Preservation Board (HPB),
pursuant to an order under HPB File No. 7385, issued a Certificate of Appropriateness
granting approval of streetscape improvements in the City's right of way including, but
not limited to, the removal of the disconnect vault and landscape, installation of new
hardscape, landscape and street lighting (collectively "Streetscape lmprovements"), and
the closure of a portion of Euclid Avenue to vehicular traffic, as part of an extension of
the pedestrian mall; and
WHEREAS, on May 13, 2013, the Finance and Citywide Projects Committee of
the City, recommended the approval of the Developer's conceptual plan for the closure
of a portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to
vehicular traffic, as part of an extension of the Lincoln Road pedestrian mall, and the
construction of the Streetscape lmprovements in the City's right-of-way located in the
Project Site (the "Conceptual Plan"); and
WHEREAS, on June 5,2013, the Mayor and City Commission approved the
Conceptual Plan and authorized the City Manager to enter into negotiations with
Developer to deslgn and build the Project; and
519
WHEREAS, the City and Developer have negotiated the attached Development
Agreement, and would hereby recommend that the Mayor and City Commission approve
the Agreement on First Reading, as required pursuant to the Florida Local Government
DevelopmentAct, Section 163.3220, et. seq., Florida Statutes; and
WHEREAS, if approved on First Reading, the Administration would further
recommend that the Mayor and City Commission set the public hearing for Second and
Final Reading on July 23.2014.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, following First Reading/Public Hearing, a Development
Agreement between the City and Jameck Development, lnc. (Jameck or Developer) for
the design, development, and construction of certain streetscape improvement in the
City's Right Of Way, at the portion of Euclid Avenue between Lincoln Road and Lincoln
Lane South (Euclid Right Of Way Project or the Project), including, without limitation,
removal of the disconnect vault and landscape, installation of new hardscape,
landscape, street lighting, and closure of a portion of Euclid Avenue to vehicular traffic
as part of an extension of the Lincoln Road Pedestrian Mall; said project havlng a
total budgeted cost to the City, in the total sum of $485,821, with any additional funds
for the Project to be covered by the Developer; with such City funds to be appropriated
from Miami Beach Redevelopment Agency (Historic Convention VillageiCity Center
RDA) Funds; and further set the Second And Final Reading of the Development
Agreement for a time certain on July 23,2014.
PASSEDAND ADOPTEDthisthe 11th dayof JUNE,2014.
Philip Levine
MAYOR
ATTEST:
WHEREAS, the proposed Project
$485,821 shall be funded by the City,
Redevelopment Area funds; and
Rafael E. Granado
CITY CLERK
T:\AGENDA\2014\June\TCED\Euclid Street End DA RESO.docx
is estimated to cost $618,000, of which
with funding available from City Center
APPROVEDASTO
FORM &LANGUAGE
& FOR EXECUTION
520
-XFi521
HISTORIG PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: October 8, 2013
FILE NO: 7385
PROPERTY: Euclid Avenue between Lincoln
Road and Lincoln Lane South
LEGAL: A portion of the Public-Rightof-Ways of Euclid Avenue from Lincoln Lane
to Lincoln Road along with a portion of the adjacent Righlof-Ways, all
lying and being in the City of Miami Beach, Florida.
lN RE: - The Application for a Certificate of Appropriateness for streetscape
improl-'pents in the City's rights-of-way. These improvements include,
but are not limited to, the removal of the disconnect vault and landscape,
installation of new hardscape, landscape, and street lightlng and the
closure of a portion of Euclid Avenue to vehicular traffic, as part of an
extension of the pedestrian mall,
ORDER
The applicant, City of Miaml Beach, filed an application with the City of Miami Beach Planning
Department for a Certificate of Appropriateness.
The City of Miami Beach Historic Preservalion Board makes the following FINDINGS OF FACT,
based upon the evidence, information, testimony and materials presented at the public hearing
and which are part of the record for this matter:
A. The subject site is located within the Flamingo Park Local Historic District.
B. Based on the plans and documents submitted with the application, testimony and
522
Page 2 ot 7
HPB File No. 7385
Meeting Date: October 8, 2013
information provided by the applicant, and the reasons set forth in the Planning Department
Staff Report, the project as submitted is consistent with the Certificate of Appropriateness
Criteria in Section 118-564(a)(1) of the Miami Beach Code, is not consistent wilh Certificate of
Appropriateness Criteria'f in Section 118-56a(a)(2) of the Miami Beach Code, and is not
consistent with Certificate of Appropriateness Criteria 'h' in Section 118-56a(a)(3) of the Miami
Beach Code.
C. The project would be consistent with the criteria and requirements of section 118-564 if the
following conditions are met:
1. A revised landscape plan, prepared by a Professional Landscape Architect, registered in
the State of Florida, and corresponding site plan, shall be submitted to and approved by
staff. The species type, quantity, dimensions, spacing, location and overall height of all
plant material shall be clearly delineated and subject to the review and approval of staff.
At a minimum, such plan shall incorporate the following:
a. The proposed planter closest to Lincoln Road, which is intended to preserve the
two large and existing Copper Pod trees shall be significantly enlarged in order to
protect and minimize damage to the existing root system of the trees, in a
manner to be reviewed and approved by Planning Department staff and the
City's Urban Forester consistent with the Certificate of Appropriateness Criteria
and/or the directions from the Board. At a minimum, the overall square footage
of the existinq planting area shall not be reduced,
b. A tree protection plan, ensuring that the root system, trunk, and branches of the
existing Copper Pod trees are fully protected during the construction period, shall
be submitted in a manner to be reviewed and approved by Planning Department
staff and the City's Urban Forester consistent with the Certificate of
Appropriateness Criteria and/or the directions from the Board.
One or more additional large canopy trees shall be introduced within the northern
portion of the southernmost oval planter, in a manner to be reviewed and
approved by Planning Depa(ment staff and the City's Urban Forester consistenl
with the Certificate of Appropriateness Criteria and/or the directions from the
Board.
Small size accent palms trees may be utilized as part of the understory plant
palette composition, but should not prevent or limit the addition of more shade
trees, in a manner to be reviewed and approved by Planning Department staff
and the City's Urban Forester consistent with the Certificate of Appropriateness
Criteria and/or the directions from the Board.
The planter structure shall be constructed of a high quality, natural architectural
concrete, in a manner to be reviewed and approved by Planning Department
staff consistent with the Certificate of Appropriateness Criteria and/or the
directions from the Board.
Any demolition work adjacent to the existing trees shall be performed in close
consultation with the City's Urban Forester.
d.
e.
523
Page 3 of 7
HPB File No. 7385
Meeting Date; October 8, 2013
h.
m.
s.The utilization of root barriers and/or Silva Cells, as applicable, shall be clearly
delineated on the revised landscape plan.
A fully automatic inigation system with 1000/o coverage and an automatic rain
sensor in order to render the system inoperative in the event of rain. Right-of-
way areas shall also be incorporated as part of the inigation system.
The proposed black and white concrete paving areas shall be comprised of fully
integral colored concrete and samples shall be provided, in a manner to be
reviewed and approved by Planning Department staff consistent with the
Cedficate of Appropriateness Criteria and/or the directions from the Board.
The applicant shall explore with the Planning Department and Public Works
Department the most appropriate lighting system to be used in the new plaza
area, in a manner to be reviewed and approved by Planning Department staff
consistent wlth the Certificate of Appropriateness Criteria and/or the directions
from the Board. Standard "Paulsen" lights, matching the existing pedestrian
lighting elsewhere on this block of Lincoln Road, shall be used in the new plaza
area if no alternative more appropriate lighting system is identified.
Materials samples shall be provided for all proposed mosaic tiles and grout of the
"decorative mosaic mounds" of the new plaza, in a manner to be reviewed and
approved by Planning Department staff consistent with the Certificate of
Appropriateness Criteria and/or the directlons from the Board.
Any proposed up-lighting of the trees in the new plazaarea shall be provided, in
a manner to be reviewed and approved by Planning Department staff consjstent
with the Certificate of Appropriateness Criteria and/or the directions from the
Board.
The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all bacKlow prevention devices. Backflow prevention devices shall
not be permitted wilhin any required yard or any area fronling a street or
sidewalk, unless othenivise permitted by the Land Development Regulations.
The location of all backflow prevention devices, and how they are screened from
the right-of-way, shall be clearly indicated on the site and landscape plans and
shall be subject to the review and approval of staff. The fire department
shall require a post-indicator valve (PlV) visible and accessible from the street.
The applicant shall verify, prior to the issuance of a Bullding Permit, the exact
Iocation of all post-indicator valves (PlV), fire department connections (FDC) and
all other related devices and fixtures, which shall be clearly indicated on the site
and landscape plans, in a manner to be reviewed and approved by staff
consistent with the Certificate of Appropriateness Criteria and/or the directions
from the Board.
The applicant shall verify, prior to the issuance bf a Building Permit, the exact
location of all applicable FPL transformers or vault rooms; such transformers and
k.
n.
524
Page 4 of 7
HPB File No. 7385
Meefing Date: October 8, 2013
2.
J,
vault rooms, and all other related devices and fixtures, shall not be permitted
within any required yard or any area fronting a street or sidewalk. The location of
any exterior transformers, and how they are screened with landscape material
from the right-of-way, shall be clearly indicated on the site and landscape plans
in a manner to be reviewed and approved by slaff consistent with the Certificate
of Approprlateness Criteria and/or the directions from the Board.
p. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect for
the project architect shall verify, in writing, that the project is consistent with the
sile and landscape plans approved by the Planning Department for Building
Permit.
A comprehensive annual maintenance program and schedule shall be prepared by the
deslgn consultants and provided to the City for the future successful maintenance of this
plaza area. This maintenance proposal shall be reviewed and approved by all relevant
city agencies.
The applicant may be required to submit a separate analysis for water and sewer
requirements, at the discretion of the Public Works Director, or designee. Based on a
preliminary review of the proposed project, the following may be required by the Public
Works Department:
a. The existing electric utility room shall be relocated to private property and an
easement access shall be provided.
A traffic and neighborhood impact study shall be conducted as a means to
measure a proposed development's impact on transportation and
neighborhoods. The study shall address all roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, and if
required, shall be submitted prior to the issuance of a Building Permit. The flnal
building plans shall meet all other requirements of the Land Development
Regulations of the City Code. The developer shall refer to the most recent City of
Miami Beach's Traffic and Neighborhood lmpact Methodology as issued by the
Public Works Department.
c. Remove/replace sidewalks, curbs and gutters on all street frontages, if
applicable. Unless otherwise specified, the standard color for city sidewalks is
red, and the standard curb and gutter color is gray.
Mill/resurface asphalt in rear a)ley along property, if applicable.
Provide underground utility service connections and on-site transformer location,
if necessary,
Provide back-flow prevention devices on all water services.
Provide on-site, self-contained storm water drainage for the proposed
development.
d.
e.
t.
s.
525
4.
5.
Page 5 of 7
HPB File No. 7385
Meeting Date: October 8, 2013
h. Meet water/sewer concurrency requirements including a hydraulic water model
analysis and gravity sewer system capacity analysis as determined by the
Department and the required upgrades to water and sewer mains servicing this
project.
i. Payment of City utility impact fees for water meters/services.
j, Provlde flood barrier ramps to underground parking or minimum slab elevation to
be at highest adjacent crown road elevation plus 8",
k. Right-of-way permit must be obtained from Public Works.
l. All right-of-way encroachments must be removed.
m. All planting/landscaping in the public right-of-way must be approved by the Public
Works and Parks Departments.
All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code (FAC).
At the time of completion of the project, only a Final Certificate of Occupancy (CO) or
Final Certiflcate of Completion (CC) may be applied for; the staging and scheduling of
the construction on site shall take this into account. All work on site must be completed
in accordance with the plans approved herein, as well as by the Building, Fire, Planning,
CIP and Public Works Departments, inclusive of all conditions imposed herein, and by
other Development Review Boards, and any modifications required pursuant to field
inspections, prior to the issuance of a CO or CC. This shall not prohibit the issuance of a
Partial or Temporary CO, or a Partial or Temporary CC.
The Final Order shall be recorded in the Public Records of Miami-Dade County, orior to
the issuance of a Building Permit.
The Final Order is not severable, and if any provision or condition hereof is held void or
unconstitutional in a final decision by a court of competent jurisdiction, the order shall be
returned to the Board for reconsideration as to whether the order meets the criteria for
approval absent the stricken provision or conditlon, and/or it is appropriate to modify the
remaining conditions or impose new conditions.
The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all successorc in interest and assigns.
9. Nothing in this order authorizes a violation of the City Code or other applicable law, nor
allows a relaxation of any requirement or standard set forth in the Clty Code.
lT lS HEREBY ORDERED, based upon the foregoing flndings of fact, the evidence, information,
testimony and materials presented at the public hearing, which are part of the record for this
matter, and the staff report and analysis, which are adopted herein, including the staff
recommendations, which were amended by the Board, that the Certificate of Appropriateness is
GMNTED for the above-referenced project subject to those certain conditions specified in
o.
7.
8.
526
Page 6 of 7
HPB File No. 7385
Meeting Date: October 8, 2013
paragraph C of the Findings of Fact (Condition Nos. 1-9 inclusive) hereof, to which the applicant
has agreed.
PROVIDED, the applicant shall build substantially in accordance with the plans approved by the
Historic Preservation Board, as determined by staff, entitled "Lincoln Road Euclid", as prepared
by R + O Studio, dated 08:12:2013.
When requesting a building permit, the plans submitted to the Building Department for permit
shall be consistent with the plans approved by the Board, modified in accordance with the
conditions set forth in this Final Order. No building permit may be issued unless and until all
conditions of approval that must be satisfied prior to permit issuance, as set forth in this Final
Order, have been met.
The issuance of this Certificate of Appropriateness does not relieve the applicant from obtaining
all other required Municipal, County and/or State reviews and permits, including final zoning
approval. lf adequate handicapped access is not provided on the Board-approved plans, this
approval does not mean that such handicapped access is not required. When requesting a
building permit, the plans submitted to the Bullding Department for permit shall be consistent
with the plans approved by the Board, modified in accordance with the conditions set forth in
thls Order.
lf the Full Building Permit for the project is not issued within eighteen (18) months of the meeting
date at which the original Certificate of Appropriateness was granted, this Certificate of
Appropriateness will expire and become null and void. lf the Full Building Permit for the prolect
should expire for any reason (including but not limited to construction not commencing and
continuing, with required inspections, in accordance with the applicable Building Code), this
Certificate of Appropriateness will expire and become nuli and void.
ln accordance with Section 118-561 of the City Code, the violation of any conditions and
safeguards that are a part of this Order shall be deemed a violation of the land development
regulations of the City Code. Failure to comply with this Order shall subject this Certificate of
Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate
of Appropriateness.
Dated this l6U *u", Ac)abe{,,^Y,
HISTORIC PRESERVATION BOARD
THE
THOMAS R. MO , AICP
DESIGN AND PRESERVATION
FORTHE CHAIR
527
PageT of7
HPB File No. 7385
Meeting Date: October 8, 2013
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
of the c6rporation. He is p-ersonally known to me. _ ./ t -..2 Y
)
)SS
)
The foregoing instrument was acknowledged before me ni" /6f, au1 offi<*o A-elU 2o/9 by Thomas R. Mooney, Design and Preservation Manager,
Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporatign, qn behalf
p*"1-llo. TEBE8A MAf,IA*- & MY coMl,,lrssroN # oo e28i4o.ffi" ilffiffiffifiiH,lffi
NOTARY PUBLIC
Miami-Dade County, Florida .rn 4 t .-,
My com missio n expires: jf!_!! O
Approved As To Form:
Legal Department:( to'/L'/31
Filed with the Clerk of the Historic Preservation Board on t0- 16. ZoB (
F:\PLAN\$HPB\1 3HPB\Octl 3\7385.ocPo13.Fo.docx
-(^J5( )
528
EXHIBIT "2"
529
This instrument prepared by and
after recording return to:
Adam D. Lustig, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Blvd., Suite 2500
Miami, Florida 33 13 1-5340
DEVELOPMENT AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and
JAMECK DEVELOPMENT, INC.
for
STREETSCAPE IMPROVEMENTS AND STREET CLOSURE TO VEHICULAR TRAFFIC
ON EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN LANE SOUTH
MIAMI 4065935. 6 8057 4t 43097
530
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is entered into as of the
day of _, 2014 (the "Effective Date"), by and between the CITY OF MIAMI
BEACH, FLORIDA, a municipal corporation of the State of Florida (the "City") and JAMECK
DEVELOPMENT, INC., a Florida corporation ("Developer").
RECITALS:
A. The City is the owner of certain land located on Euclid Avenue, between Lincoln
Road and Lincoln Lane South, in Miami Beach, Florida, more particularly described in the
attached Exhibit "A" (the "Project Site").
B. Lincoln Center Associates, LLC, a Florida limited liability company ("Lincoln
Center") is an affiliate of Developer and is the owner of certain land adjacent to the Project Site
on which a parking lot is located, and more particularly described in the attached Exhibit "B"
(the "Lincoln Center Parking Lot").
C. On October 8,2013, the Historic Preservation Board (HPB) of the City, pursuant
to an order under HPB File No. 7385, issued a certif,rcate ofappropriateness granting approval of
streetscape improvements in the City's right of way, including, but not limited to, the removal of
the disconnect vault and landscape, installation ofnew hardscape, landscape and street lighting
(collectively "Streetscape Improvements"), and the closure of a portion of Euclid Avenue to
vehicular traffic, as part ofan extension ofthe pedestrian mall.
D. On May 13, 2013, the Finance and Citywide Projects Committee of the City,
recommended the approval of the Developer's conceptual plan for the closure of a portion of
Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an
extension of the Lincoln Road pedestrian mall, and the construction of Streetscape
Improvements in the City's right-of-way located in the Project Site (the "Conceptual Plan").
E. On June 5,2013, the Mayor and the City Commission approved the Conceptual
Plan in the form attached as Exhibit "C" ard authorized the City Manager to enter into
negotiations with Developer to design and build the Project (as defined below).
F. The City administration staff and Developer met several times to develop design
concepts, construction schedules, costs estimates and terms and conditions for a negotiated
development agreement between the City and Developer.
G. The Mayor of the City and the City Commission in Resolution No.
adopted after two duly noticed public hearings held pursuant to the
Development Agreement Act (as hereinafter defined),, determined that it is in the best interest of
the City to enter into this Agreement with Developer for the closure of a portion of Euclid
Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an
extension of the Lincoln Road pedestrian mall, and the construction of Streetscape
Improvements in the City's right-of-way, located in the Project Site
MrAMr 406593 5. 6 8057 4t 43097
531
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, the City and Developer agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the parties.
The above recitals are true and accurate and incorporated into this Agreement by
reference.
Whenever the following terms or pronouns in place of them appear in this Agreement the
intent and meaning shall be interpreted as follows:
1.1 Agreement: Agreement shall mean this Agreement and all addenda, exhibits, and
amendments thereto between the City and the Developer for the Project, all as defined herein.
1.2 AIPP: AIPP means the City's Art in Public Places
1.3 Change Order: A written document ordering a change in the Contract Sum or
Contract Time or a material change in the Improvements.
1.4 City: The City shall mean the City of Miami Beach, a Florida municipai
corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida
33139, which is a party hereto and/or for which this Agreement is to be performed. In all
respects hereunder, City's performance is pursuant to City's position as the owner of the
Property. In the event City exercises its regulatory authority as a govenrmental body, the
exercise of such regulatory authority and the enforcement of any rules, regulations, laws and
ordinances shall be deemed to have occuned pursuant to City's regulatory authority as a
govemmental body and shall not be attributable in any manner to City as a party to this
Agreement.
1.5 City Commission: City Commission shall mean the goveming and legislative
body of the City.
1.6 City Manaeer: City Manager shall mean the Chief Administrative Officer of the
City.
1.7 Conceptual Plan: Conceptual Plan shall have the meaning set forth in the
Recitals.
1.8 Construction Drawinss: Construction Drawings shall have the meaning set forth
in Section 3.3.
MIA-VI 4065935.680s74t43097
2
532
1.9 Construction Manager: Developer has selected Arlen Construction Group, Inc. to
act on behalf of Developer as the Project Construction Manager. The Construction Manager's
fees shall be paid by Developer.
1.10 Construction Phase: The phase of services which constitutes Developer's
administration of the construction of the Project and all activities necessary for the completion of
the Project.
1.1I Construction Schedule: The schedule for the Project, attached as Exhibit "D", as
such schedule may be modified from time to time as a result of a Change Order.
1.12 Consultant: The registered architect, professional engineer, professional land
surveyor, civil engineer, and"/or registered landscape architect who has contracted with
Developer to provide professional services for the design and construction of the Project, and
who is funher licensed by the State of Florida to provide said services. The primary consultant
for this Project shall be the firm of R+O Studio, LLC, a professional services firm duly certified,
Iicensed and registered as an architectural firm, located at 1444 Biscayne Blvd., Suite 215,
Miami, Florida 33132. When the term "Consultant" is used in this Agreement it shall be deemed
to include R+O Studio, LLC, as the primary consultant, or such other consultant selected by
Developer and approved by the City, in writing, in its reasonable discretion, prior to retention by
Developer.
Developer and City herein agree and acknowledge that Developer shall utilize
Consultant's Plans and Specifications for the Project for Developer's construction ofthe Project.
Developer further acknowledges and agrees that Consultant shall render as a Cost of the Work
certain professional services pursuant to this Agreement, including but not limited to, additional
A"/E services, as required; Project construction site supervision and/or observations relative to the
Improvements; and the rendering of approvals, opinions, and decisions, all as more specifically
set forth in the Contract Documents. Developer herein further agrees and shall require any
Consultant services, including but not limited to those referenced in the preceding sentence,
which will be required pursuant to the Contract Documents, to also be binding upon Developer's
Contractor; to the extent as same are binding upon Developer as a party pursuant to this
Agreement. It shall further be Developer's sole and absolute responsibility to assure such
compliance by its Contractor.
Developer and the City agree and acknowledge that the City is an intended third party
benehciary in any contract entered into between Developer and Consultant. Developer shall
therefore submit its final agreement with Consultant to the City, for its review and reasonable
approval, prior to such agreement being executed by and between Developer and Consultant.
Additionally, Developer herein represents to the City that its agreement with Consultant shall
incorporate the terms and conditions of this Agreement and the Contract Documents, and
Developer shall assume sole and absolute responsibility for binding Consultant to same as if
Consultant were a party to this Agreement. The City has approved Developer's selection of R &
O Studio, LLC as the Consultant to design the Improvements.
1.13 Contract Administrator: The Director of the Public Works Department of the
City, or his designee, shall be designated as the Contract Administrator for matters conceming
MIAMT 406593 5.6 80574t43097
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533
this Agreement. The City agrees that a single person shall serve as Contract Administrator under
this Agreement and the City shall notify Developer of the person who sha1l serve as Contract
Administrator.
Developer herein agrees and shall require that any Contract Administrator services which
will be required pursuant to the Contract Documents shall also be binding upon Contractor, to
the same extent as same are binding upon Developer as a party pursuant to this Agreement.
1.14 Contract Documents: This Agreement, as approved by the Mayor and City
Commission and executed by the Mayor and City Clerk; the AIA A11l Standard Form of
Agreement Between Owner and Contractor, the Addendum to ,4'111, the A201, General
Conditions to the Contract of Construction, any approved Change Orders; the performance and
payment bonds; Plans and/or Specifications, the Construction drawings, and any and all other
construction documents; other construction documents such as CPM, Construction Schedule, and
schedule of values; and any other documents the submission of which is required by this
Agreement. When reference is made in the Contract Documents to publications, standards or
codes issued by associations or societies, the intent shall be to specifii the current or adopted
edition of such publication or standard including revision and effect on the date of the contract
execution, notwithstanding any reference to a particular date.
1.15 Contractor (or General Contractor): The contractor shall be selected by
Developer, and shall further be subject to prior approval in writing, by the City in its reasonable
discretion, to pertbrm the Improvements for the Project.
Developer shall enter into a cost plus with a Guaranteed Maximum Price Contract (GMP
Contract) with the City approved Contractor. Developer and City agree and acknowledge that
City is an intended third party beneficiary in any contract entered into between Developer and
Contractor. The Developer shall therefore submit the final GMP Contract to the City, for its
review and approval, prior to such agreement being executed by and between Developer and
Contractor. Additionally, Developer herein represents to City that its agreement with Contractor
shall incorporate the terms and conditions of this Agreement and the Contract Documents, and
Developer shall assume sole and absolute responsibility for binding Contractor to same as if
Contractor were a party to this Agreement.
1 .1 6 Contractor's Fee: Contractor's Fee shall have the meaning set forth in Section 8.6.
1.17 Contract Sum: The Contract Sum is the Cost of the Work. AIso, Developer sha1l
enter into a cost plus with a Guaranteed Maximum Price Contract (GMP Contract) with the City-
approved Contractor.
l I8 Contract Time:Contract Time shall have the meaning set fofih in Section 6.3.
8.1 0.
1.19 Cost of the Work: Cost of the Work shall have the meaning set forth in Section
1.20 CPM Schedule: CPM Schedule shall mean critical path method schedule.
MIAMI 406593 5. 6 8057 41 43097
534
1.21 Defective Work: Defective Work means Work that is not performed in
accordance with the Contract Documents, in violation of code, installed in violation of the
manufacturer's written instructions where the installation has caused new materials to be
detrimentally affected where the life expectancy of the material installed is reduced, or otherwise
installed in a non-workmanlike manner.
1.22 Department: Department shall have the meaning set forth in Section 52.4.
1.23 Develoner: Jameck Deveiopment, Inc., a Florida corporation, its successors and
assigns, is the Developer selected to perform the Improvements pursuarlt to this Agreement, and
is the person, firm or corporation liable for the acceptable performance of the Proj ect.
1.24 Development Agreement Act: Development Agreement Act means the Florida
Local Govemment Development Agreement Act, Section 163.3220, et. seq., Florida Statutes, as
same may be amended from time to time.
1.25 Development Approval: Development Approval means any zoning, rezoning,
conditional use special exception, variance or subdivision approval, concrrrency approval under
Section 163.3180, Florida Statutes, or any other official action of local govemment having the
effect of approving development of land.
1.26 Documents: Documents shall have the meaning set forth in Section 35.1.
1.27 Field Order: A written order issued by the Contract Administrator which orders
minor changes in the work but which does not involve a change in the total cost or time for
performance.
1.28 Final Comnletion: The date certified by Consultant that all conditions of the
permits and regulatory agencies have been met, all constnrction, including corrective and punch
list Work, has been performed, pursuant to the Contract Documents, all administrative
requirements of the Contract Documents have been completed, and City has received from
Developer a release of all liens, consent of surety, release of claims by Developer, corrected as-
built drawings, executed final adjusted Change Order(s), copies of pertinent test results,
correspondence and other necessary documentation, including all warranties, guarantees, and
operational manuals, if any.
1.29 Guaranteed Maximum Price (GMP): Guaranteed Maximum Price shall have the
meaning set fonh in Section 8.1.
1.30 Hazardous Materia-ls: As used in this Agreement "Hazardous Materials" means
any chemical, compound, material, substance or other matter that:
1.30.1 is a flammable, explosive, asbestos, radioactive nuclear medicine,
vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious
material, whether injurious or potentially injurious by itself or in combination with other
materials;
MIAMI 4065935. 6 8057 4 I 43097
535
1.30.2 is controlled, refened to, designated in or govemed by any Hazardous
Materials Laws;
1.30.3 gives rise to any reporting, notice or publication requirements under
any Hazardous Materials Laws, or
1.30.4 is any other material or substance giving rise to any liability,
responsibility or duty upon the City with respect to any third person under any Hazardous
Materials Law.
1.31 Hazardous Materials Laws: As used in this Agreement, the term "Hazardous
Materials' Laws" means any and all federal, state or local laws or ordinances, rules, decrees,
orders, regulations or court decisions (including the so called "common law"), including without
limitation the Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended (42 U.S.C. $$9601 et seq.), the Hazardous Materials Transportation Act, as
amended (49 U.S.C. $$1801 et seq.), and the Resource Conservation and Recovery Act of 1976,
as amended (42 U.S.C. $$6901 et seq.), relating to hazardous substances, hazardous materials,
hazardous waste, toxic substances, environmental conditions on, under or about the Premises,
soil and ground water conditions or other similar substances or conditions.
1.32 Historic Preservation Board or HPB: the Historic Preservation Board of the City
created and established pursuant to the Land Development Regulations or any board or body
which may succeed to its functions.
1.33 Improvements: The improvements to be constructed on the Project Site. The
Improvements shall consist of the removal of the planted area where Euclid Avenue intersects
with Lincoln Road, including the electrical disconnect vault, and relocating the electrical vault
disconnects to the Lincoln Center Parking Lot. The curb, sidewalk and roadway of Euclid
Avenue, from Lincoln Road to the north side of Lincoln Lane South, will be replaced with a new
designed black and white concrete pattem and new planting areas will be added. That part of
Euclid Avenue will become a pedestrian mall. A pedestrian drop-off area shall also be designed
for the Project,, in a manner to be reviewed and approved by the City's Public Works
Deparlment. The Improvements shall be designed, developed, and constructed substantially in
accordance with the Conceptual PIan attached as Exhibit "C", which has been approved by the
City Commission and the Historic Preservation Board.
1.34 Land Development Resulations: Land Development Regulations means Subpart
B (Chapters 1 1 4 through 142) of the Code of the City of Miami Beach, Florida, as the same was
in effect as of the Effective Date of this Development Agreement.
1.35 Lincoln Center: Lincoln Center shall have the meaning set forth in the recitals.
1.36 Notice(s) to Proceed: A written document(s) issued by the Contract
Administrator informing the Developer to officially begin the Project.
1.37 Plans and/or Specifications: The official graphic and descriptive representations
of this Project, which are a part of the Contract Documents.
MIAMI 4065935.6 80574t43097
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536
1.38 Proiect: The Project means the Work described in the Contract Documents and
generally consists of the closure of a poftion of Euclid Avenue, between Lincoln Road and
Lincoln Lane South, to vehicular traffic, as part ofan extension ofthe Lincoln Road pedestrian
mall, and the construction of the Improvements located in the Project Site..
1.39 Project Site: Project Site shall have the meaning set forth in the Recitals.
1.40 Shop Drawines: Drawings, diagrams and schedules (excluding, however, the
CPM Schedule), and other data specially prepared by Contractor or its subcontractors, sub-
subcontractors, manufacturer, supplier or distributor to illustrate some portion of the Work.
1.41 Streetscape Improvements: shall have the meaning set forth in the Recitals.
1.42 Substantial Completion: Subject to the requirements of Article 42, lhe date (or
dates) certified by the Consultant that all conditions of the permits and regulatory agencies have
been met for the City's intended use of the Project (or portions thereof), and all construction has
been performed therein in accordance with this Agreement and the Contract Documents so City
can fully, as opposed to partially, occupy or utilize the Project (or each portion thereof) for its
intended purpose. At a minimum, a Certihcate of Substantial Completion is one of the
requirements for Substantial Completion.
1.43 Surety: The surety company or individual which is bound by the performance
bond and payment bonds with and for Developer and Contractor who is primarily liable and
which surety company or individual is responsible for Contractor's acceptable performance of
the Work under the Contract Documents and for the payment of all debts pertaining thereto in
accordance with Section 255.05, Florida Statutes.
1.44 Utilities: The public or private systems on the Project site for rendering electrical
power, light, heat, gas, water, communication, sewage systems, and the like.
1.45 Work: The construction required by the Conuact Documents, as permitted,
including all labor necessary to produce such construction, and all materials and equipment
incorporated or to be incorporated in such construction.
ARTICLE 2
INTENTION OF AGREEMENT
It is the intent of the Contract Documents to describe a functionally complete Project to
be constructed by Developer in accordance with said Contract Documents. Any Work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result will be supplied. When words which have a well-known technical or
trade meaning are used to describe Work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard specifications, manuals or
codes of any technical society, organization or association, or to laws or regulations of any
governmental authority, whether such reference be specific or by implication, shall mean the
standard specification, manual, code, laws or regulations in effect at the time of the completion
MIAMI 4065935.6 80574/43097
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537
of design. Applicable laws or codes that may be changed after a permit is issued may result in an
increase in the Contract Time or Contract Sum should additional Work be required on behalf of
the Developer.
ARTICLE 3
CONSTRUCTION
3.1 Consistency with City's Comprehensive Plan and Zonine Resulations. The City
has adopted and implemented the Comprehensive Plan. The City hereby finds and declares that
the provisions of this Agreement dealing with the Project and the Project Site are consistent with
the City's adopted Comprehensive Plan and Land Development Regulations, subject to all
applicable requirements, permits and approvals.
3.2 Historic Preservation Board Approval.
3.2.1
Preservation Board for
approved the Project.
The City
its review
has heretofore submitted an application to the Historic
of the Project, and the Historic Preservation Board has
3.2.2 If at any time after Final Completion it shall be necessary in
connection with the reconstruction or renovation of the Project to apply to the Historic
Preservation Board for its review or approval ofany changes or modifications to the Project, the
City shall be solely responsible for making such application.
3.3 Design of the Project. Developer shall be solely responsible for overseeing and
directing Consultant in the design of the Project, and such design shall be substantially in
accordance with the Conceptual Plan. City's prior *ritten approval of the Plans and
Specifications for the Improvements, in its proprietary and not regulatory capacity, which shall
not be unreasonably withheld, conditioned or delayed, shall be required for the following: (a)
schematics, design development drawings; (b) design development drawings; (c) 60%
construction drawings; and (d) 10002 construction drawings. City shall have thirry (30) days
after receipt of, respectively, 60% construction drawings, and 100% construction drawings
(collectively, the "Construction Drawings") to review and provide Developer with written notice
of its approval or disapproval of the Construction Drawings. If the City fails to provide written
notice to Developer of its approval or disapproval of the Construction Drawings within such time
periods, the City shall be deemed to have approved them. If the City provides Developer with
timely disapproval of the Construction Drawings, Developer shall cause Consultant at its sole
cost and expense and at no cost to *re City, to revise the Construction Drawings in accordance
with the City's objections and submit revised Construction Drawings to the City to address the
City's reasonable objections. City shall have the same time period to review and approve or
disapprove the revised Construction Drawings as set forth above with respect to the original
Construction Drawings. In the event the City disapproves the Construction Drawings, the design
phase and the construction phase set forth in the Construction Schedule and the Contract Time
shall be extended by one day for each day from Developer's receipt of the City's disapproval
notice to the date of the City's approval of the revised Construction Drawings, provided, however
that the Developer shall bear all costs and expenses associated with such revisions, and the City
MrAMI 4065935.6 80574t43097
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538
shall have no liability to either Developer or Consultant for payment of any costs associated
therewith.
3.4 Public Facilities and Concunency. As the Project involves the creation of a
public pedestrian open space on the existing right of way of Euclid Avenue, between Lincoln
Road and Lincoln Lane South, and there is no enclosed space being constructed, there are no
concurency impacts on the Project. City and Developer anticipate that the Project will be served
by those roadway transportation facilities currentiy in existence as provided by State, County and
local roadways. It is also anticipated that the Project will be served by public transportation
facilities currently in existence, including those provided by Miami-Dade County, the City, and
other govemmental entities as may presently operate public transportation services within the
City. Sanitary sewer, solid waste, drainage, and potable water services for the proposed Project
are expected to be those services currently in existence and olrmed or operated by Miami-Dade
County, the Miami-Dade County Water and Sewer Department, and the City. The Project will
also be serviced by aoy and all public facilities, as such are defined in Section 163.3221(12),
Florida Statutes (1997),, as such are described in the City's Comprehensive Plan, specifically
including, but not limited to, those facilities described in the Infrastructure Element and Capital
Improvements Element therein, a copy of which is available for public inspection in the offices
of the Planning Department.
3.5 Required Development Permits.
3.5.1 In addition to the proprietary review and approvals set forth in Section
3.3 hereof, Developer shall be solely responsible for securing any and all final non-appealable
Development Approvals for the Improvements including, without limitation, those listed in the
attached Exhibit "E", to the extent required by the City, in its regulatory capacity. Where
necessary or desirable the City shall act as the applicant for the Development Approvals.
Developer shall be responsible for processing all applications for the Development Approvals.
Contract Administrator sha-ll reasonably assist Developer in facilitating the prompt issuance of
the Development Approvals. In the event Developer has provided the City with all
documentation necessary to obtain the Development Approvals and the City fails to issue all of
the Development Approvals (other than the Certificate of Completion) prior to the end of the
permit phase set forth in the Construction Schedule, the permit phase and the Contract Time shall
be extended one day for each day from the end ofthe permit phase to the issuance of all ofthe
Development Approvals (other than the Certificate of Completion). AIl fees due in connection
with the Development Approvals shall either be (a) paid by the City in addition to the Cost of the
Work and not as part of the Contract Sum, or (b) waived.
3.5.2 There are no reservations and/or dedications ofland for public purposes
that are proposed under the terms of this Agreement, except as expressly set forth in Section
52.3.
3.5.3 The failure of this Agreement to address a particular permit, condition,
term or restriction shall not relieve Developer of the necessity of complying with the law
governing said permitting requirements, conditions, term or restriction.
MIAMI 406593 5.6 8057 4 I 43097
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ARTICLE 4
CONTRACT DOCUMENTS
4.1 The Contract Documents shall be followed as to Work, material, and dimensions
except when the Contract Administrator may authorize, in his reasonable discretion, in writing,
an exception. Developer shall be entitled to a Change Order for exceptions that result in a time
delay or extra cost.
4.2 Dimensions given in figures are to hold preference over scaled measurements
from the drawings; however, all discrepancies shall be decided upon by the Consultant with
written notice to Contract Administrator. Developer shall not proceed when in doubt as to any
dimension or measurement but shall seek clarification from the Consultant with written notice to
Contract Administrator.
4.3 Developer shall maintain four (4) copies of the Contract Documents; two (2) of
which shall be preserved and always kept accessible at the site to the Contract Administrator or
hisAer authorized representatives.
4.4 This Agreement incorporates by reference the Contract Documents dehned in
Section l 14. In the event of a conflict in the Contract Documents, the documents for the Proj ect
shall have the following order of precedence, beginning with the most important:
1. Change Orders
2. This Agreement and all addenda, exhibits and amendments thereto
3. The Addendum to Al l I between Developer and Contractor
4. The AIA ,4.111 Standard Form of Agreement between Oumer and
Contractor
5. The Plans and/or Specifications (Approved and Permitted)
6. Other Contract Documents
ARTICLE 5
SCOPE OF WORK
5.1 The scope of the Work for the Project is the Work described in the Contract
Documents and generally consists of the removal of the planted area where Euclid Avenue
intersects with Lincoln Road, including the electrical disconnect vault, and relocating the
disconnects to the electricai vault in the Lincoln Center Parking Lot. The curb, sidewalk and
roadway of Euclid Avenue, from Lincoln Road to the north side of Lincoln Lane South, will be
replaced with a new designed black and white concrete pattem and new planting areas will be
added. That part of Euclid Avenue within the Project Site will become a pedestrian mall. A
pedestrian drop-off area shall also be designed for the Project, in a manner to be reviewed and
approved by the City's Public Works Department.
5.2 Contract Administrator will provide, at a minimum, the following services:
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5.2.1 Contract Administrator shall inspect the Work.
5.2.2 Contract Administrator shall have the authority to reject Work that does
not in his reasonable opinion conform to the Contract Documents.
5.2.3 Contract Administrator shall monitor the overall control and expediting
of the construction of the Work to facilitate completion of the Work within the approved time
frame and within the Contract Sum.
5.2.4 Contract Administrator shall develop a punch list or lists of items
requiring corrective action.
5.2.5 Contract Administrator shall attend weekly progress meetings with the
Developer, Consultant and Contractor to review Work progress and resolve issues relating to the
prosecution of the Work.
5.2.6 Contract Administrator shall instruct Developer to commence the Work
by written instructions in the form of a Notice to Proceed issued by Contract Administrator.
5.2.7 Contract Administrator shall initiate or approve Change Orders in
accordance with the terms of this Agreement.
5.2.8 Contract Administrator shall review and approve applications for
payment and submit same to the City for payment.
5.2.9 Contract Administrator shall approve or issue Field Orders.
5.2.1,0 Contract Administrator shall review Shop Drawings.
5.3 Consultant will provide, at a minimum, the following services:
5.3.1 Consultant shall perform all of the architectural and engineering
services necessary to describe, detail and design the Project in accordance with the Contract
Documents.
5.3.2 Consultant shall design the Project so as to comply with applicable
codes and regulations.
5.3.3 Consultant shall prepare the Plans and Specifications, as well as review
and approve (or take other appropriate action upon) submittals such as Shop Drawings, product
data and samples.
5.3.4 Consultant shall prepare construction change directives, if necessary,
and authorize minor changes in the Work as provided in the Contract Documents.
5.3.5 Consultant shall receive and review for compliance with the Contract
Documents all written warranties and related documents required hereby to be assembled upon
MIAMI 4065935. 6 8057 41 43097
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Substantial Completion and issue certificates for payment for Work performed in compliance
with the requirements of the Contract Documents.
5.3.6 Consultant shall review Shop Drawing submittals prepared by the
Contractor and its subcontractors and retum to Contract Administrator for routing.
5.3.7 Consultant shall review and/or respond to Contractor and/or City
inquiries regarding the intent of the Contract Documents with respect to written requests for
information, requests for Change Orders, and other communications between the Developer and
the City requiring Consultant review.
5.3.8 Consultant shall prepare Contract Documents clarifications to address
clarifications regarding the intent of the Contract Documents.
5.3.9 Consultant shall perform specialty site visits by various design
disciplines upon request in the prosecution of the Work.
5.3.10 Consultant shall assist Contract Administrator with the development of
a punch list or list of items requiring corrective action.
5.3.11 Consultant shall attend weekly progress meetings with the Developer,
Contract Administrator, and Contractor to review Work progress and resolve issues relating to
the prosecution of the Work.
5.3.12 Consultant shall have the authority to order or approve deviations from
the Contract Documents, pursuant to approved Change Orders, so long as such deviations do not
result in a change to the Contract Time or cause the Cost of the Work to exceed the Guaranteed
Maximum Price (i.e. Contract Sum). In the event any such deviations are sought, prior written
approval from the Contract Administrator must be obtained.
ARTICLE 6
CONTRACT TIME
6.1 Time is of the essence for Developer's and Contractor's performance of the Work
pwsuant to the Contract Documents. Developer agrees to complete the Work in accordance with
the Construction Schedule and to achieve Substantial Completion of the Work, in accordance
with the Contract Documents, and within the Contract Time, provided the City responds timely
to requests for information, Shop Drawings, andTor decisions and approvals required under this
Agreement.
6.2 Developer shall be instructed to commence the Work by written instructions in
the form of a Notice to Proceed issued by the Contract Administrator.
6.3 The Work shall be Substantially Completed within six (6) months after the City's
issuance of the full building permit and the Notice to Proceed (as may be extended as a result of
force majeure events, mutual agreement of the City and Developer, or by City caused delays).
The Work shall have achieved Final Completion and be ready for final payment, in accordance
MIAMI 4065935.6 8057414309'1
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with Article 10, within thirty (30) days from the date certified by Consultant as the date of
Substantial Completion (the "Contract Time").
ARTICLE 7
DEVELOPER'S RESPONSIBILITY
7.1 The parties acknowledge and agree that the Developer and Contractor will be
responsible for the construction of the Project in accordance with the terms of this Agreement
and the Contract Documents.
7.2 It is Developer's responsibility to cause Contractor to have and maintain
appropriate certificate(s) of competency, valid for the Work to be performed and for all persons
working on the Project for whom a certificate of competency is required.
7.3 Until Final Completion, Developer shall be fully responsible for the performance
of Contractor and Consultant and their respective subcontractors, subconsultants, and any other
person or firm acting under the direction and/or control of Developer, under the terms of this
Agreement. Upon Final Completion, (i) City shall hold only Contractor, Consultant and the other
subcontractors and subconsultants (but not Developer) responsible for the performance of this
Agreement and any warranties arising therefrom, (ii) City shall unconditionally and irrevocably
release, satisry and forever discharge Developer and all of its officers, shareholders, partners,
directors, members, managers) employees or agents of and from any and all actions, causes of
action, claims, demands, losses, costs and expenses, whether direct, contingent or consequential,
liquidated or unliquidated, at law or in equity, relating to the design and construction of the
Project, and (iii) provided full payment has been received by Developer, Developer shall
unconditionally and irrevocably release, satisfy and forever discharge the City, and its officers,
employees, contractors and agents, of and from any and all actions, causes of action, claims,
demands, losses, costs and expenses, whether direct, contingent or consequential, liquidated or
unliquidated, at law or in equity, relating to this Agreement, the Contract Documents, the Project
and"/or the Improvements, and including, but not limited to the design and construction of the
Project and/or the Improvements.
7.4 Developer agrees to bind specifically Contractor and Consultant, and require that
Conffactor and Consultant bind any and all oftheir respective subcontractors and subconsultants,
to the applicable terms and conditions of this Agreement and the Contract Documents for the
benefit of City.
7.5 Developer shall at all times enforce strict discipline and good order among its
Conuactor, employees and consultants, and require Contractor to enforce strict discipline and
good order among its subcontractors at the Project Site; and, fuither, shall not employ (either
directly or through Contractor and Consultant and their respective subcontractors and
subconsultants on the Project) any unfit person or anyone not skilled in the work or services
assigned to him or her.
7.6 Developer shall keep itself fuIly informed of and shall take into account and
comply with, all applicable state and national laws and county and municipal ordinances and
MIAMI 4065935.6 80s74t43097
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regulations in any manner affecting those engaged or employed in the Project, or the materials
used or employed in the Project, or in any way affecting the conduct of the Project, and of all
such orders and decrees ofbodies or tribunals having anyjurisdiction or authority over the same
and of all provisions required by law to be made a part of this Agreement, all of which
provisions are hereby incorporated by reference and made a part hereof. If any specification or
contract for this Project is knowingly in violation ofany such law, ordinance, regulation, order or
decree, Developer shall forthwith report the same to the Contract Administrator, in writing.
Developer shall cause all of its agents and employees and Contractor and Consultant, and their
respective subcontractors and subconsultants, to observe and comply with all applicable laws,
ordinances, regulations, orders and decrees (hereinafter, collectively referred to as "Applicable
Laws").
7.7 In the event of a change after the Effective Date of this Agreement in any
Applicable Law (or Applicable Laws) which becomes known to the Developer or the City,
Developer or the City (as applicable) shall advise the Consultant and Contract Administrator, in
writing, and the Consultant and/or Contract Administrator, may initiate a Change Order, the
purpose of which shall be to bring the Project into compliance such Applicable Law (or Laws)
as amended or enacted.
7.8 Developer shall pay as a Cost of the Work all applicable sales, consumer, use and
other taxes required by law in effect as of the Effective Date of the Agreement. Developer is
responsible for reviewing the pertinent State statutes involving State taxes and complying with
all requirements. Notwithstanding the foregoing, the City, in its sole discretion, may provide a
City issued debit card to Contractor in order for Contractor to purchase materials for the Project
on behalf of the City without the payment of sales tax.
7.9 Developer shall contract the services of a licensed general contractor (Contractor)
to execute the Work.
7.10 Developer shall submit a certified, monthly application ibr payment prepared by
Contractor for reviedapproval by the Consultant and Contract Administrator.
7.11 Developer shall provide a location for, attend and participate in weekly
construction progress meetings with the Contract Administrator, Consultant and Contractor.
7.12 Developer hereby agrees to complete the Project and the Improvements described
by the Contract Documents, in accordance with the requirements and provisions of the Contract
Documents.
7.13 Developer agrees to meet with Contract Administrator or his designee at
reasonable times and with reasonable notice.
7.14 Prior to Final Completion of the Project and the Improvements, there shall be
established a record set of Plans and,/or Specifications, on bond paper and on CD Rom,
noncompressed, formatted in the latest version of AutoCAD, which shall bear the approval of
Developer and Contract Administrator. Such approval shall be indicated by the wdtten signature
of both parties. In addition, prior to, and as a condition precedent to the City's issuance of, the
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Notice to Proceed for the commencement of construction services under this Agreement,
Developer shall submit to the Contract Administrator, for Contract Administrator's review and
approval (which approval shall not be unreasonably withheld, conditioned or delayed), a CPM
Schedule for the planning and execution of the Construction Phase of the Project.
7.15 Developer will provide overall technical and management services to assist the
City in maintaining schedules, establishing budgets, controlling costs, achieving quality and
minimizing operational disruptions.
7 .16 If at any time the Developer observes or becomes aware of any fault or defect in
the Project or of any nonconformance with the Contract Documents, Developer will notify the
Consultant and Contract Administrator, and will direct that all reasonable steps be taken to
correct such fault, defect or nonconformance.
7.17 During the course of the Work, Developer shall also be responsible for causing
Contractor to provide quality assurance of the Work in accordance with the Contract Documents.
7.18 Developer shall coordinate all phases of the Work to facilitate completion of the
Project within the Construction and the Guaranteed Maximum Price.
ARTICLE 8
THE CONTRACT SUM
8.1 The Contract Sum, in the amount of $485,821, is the maximum amount, subject to
additions or deletions by approved Change Orders, in accordance with this Agreement, agreed to
by the City and Developer under this Agreement to complete the Work in accordance with the
Contract Documents (the "Guaranteed Maximum Price"). Developer will comply with all
requirements of funding sources provided by City for construction of the Improvements. The
City confirms that the City Commission has approved the funding of the Contract Sum and that
City Commission approval is not required for any approved Change Orders under this
Agreement, so long as the Cost of the Work does not exceed the Guaranteed Maximum Price.
8.2 Developer shall enter into a Cost Plus with a Guaranteed Maximum Price contract
with Contractor. At 60% Construction Drawings, Developer shall submit the costs of the
Improvements for bids. If the bids for the proposed design of the Project exceed the Guaranteed
Maximum Price, then the City Commission, at its sole discretion, may elect to: (a) have the
Developer (and its Consultant and Contractor) value engineer the Project (at Developer's sole
cost and expense, and at no cost to the City) to bring it back into budget, so that the expected cost
of the Improvements will not exceed the Contract Sum; (b) add more money to the Project
construction budget (i.e. increase the Contract Sum); or (c) terminate the Development
Agreement, without further liability to the City or Developer. If the City rejects the value
engineered Project, and the City and Developer are unable to agree on a modified design of the
Project or an increase in the Contract Sum to the extent necessary to complete the Work for such
modified design within thirty (30) business days after the City's rejection of the value engineered
Project, then either the City or Developer shall have the right to terminate this Agreement,
without further liability to each other, by delivering written notice to the other party within ten
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(10) business days after the end of such thirty (30) business day period. Altematively, Developer
shall have the right, but not the obligation, to pay for the costs in excess ofthe Contract Sum,
subject to the prior approval of the City Commission and so long as the increased cost of the
Improvements is not likely to materially increase the future maintenance costs to be incurred by
the City after completion of the Improvements, as determined by the City in its sole discretion.
Notwithstanding the preceding, if the City Commission elects to value engineer the Project, and
the resulting value-engineered Project reflects material changes to the Improvements from those
described in the approved Conceptual Plan ("Material changes" shall be determined by the City
Commission, in its sole and absolute discretion), and the City and Developer are unable to agree
on a modified Project design, then either City or Developer shall have the right to terminate this
Agreement, without further liability.
8.3 The City shall pay the Cost of the Work, as adjusted by approved Change Orders.
The construction contract shall limit the grounds for approved Change Orders to City requested
Change Orders, Developer requested Change Orders approved by the City, force majeure events,
City Building Department field inspector requirements, acts or omissions of the City, errors and
omissions of the Consultant, material and substantial changes in the Work not caused by
Developer, concea.led or unknown conditions, and costs due to emergencies incurred in taking
action to prevent threatened damage, injury or loss in case of an emergency affecting the safety
of persons and property.
8.4 Developer shall fund the soft costs of the Improvements, which are estimated to
be approximately $100,000 in accordance with the estimated budget attached hereto and made a
part hereofas Exhibit "F". Developer shall be responsible for 100% ofthe soft costs, even if
the total sum exceeds $100,000.
8.5 The City shall pay Developer the Contract Sum plus all approved Change Orders
in current funds for Developer's performance of this Agreement through the date of the latest
approved requisition. The initial Contract Sum is the schedule of values which represents the
sum of the Cost of the Work as defined herein. The Contract Sum may be adjusted only by
signed and approved Change Orders issued in accordance with the terms of the Contract
Documents.
8.6 Contractor's Fee. Contractor's Fee shall be set forth in the Contractor's GMP
Contract (the "Contractor's Fee").
8.7 IntentionallyDeleted.
8.8 Adjustments to the Guaranteed Maximum Price on account of changes in the
Work may be determined only in accordance with the terms of this Agreement.
8.9 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost"
and "costs" as used in the above-referenced provisions shall mean the Cost of the Work as
defined below.
8.10 Cost of the Work. The term "Cost of the Work" shall mean costs necessadly
incurred by the Developer, Contractor, Consultant or the City in the proper performance of the
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Work. Such costs shall be at rates not higher than the reasonable and customary price paid for
similar work on Miami Beach, Florida except with prior written consent of the City. The Cost of
the Work shall include only the items set forth in this Article 8, as follows:
8.10. 1 Wages of construction workers directly employed by the Developer or
Contractor to perform the construction of the Work at the site or, with the City's written
approval, at off-site workshops, provided such costs are not incurred as the proximate result of
defects of deficiencies of the Work.
8.10.2 Wages or salaries of the Developer's and Contractor's supervisory and
administrative personnel when stationed at the site as included in the schedule of values shall be
included in the Cost of the Work.
8.10.3 Wages and salaries of the Developer's and Contractor's supervisory or
administrative personnel engaged, at factories, workshops or on the road, in expediting the
production or transportation of materials or equipment required for the Work, but only for that
portion of their time required for the Work and only upon the written consent of the City.
8.10.4 Costs paid or incurred by the Developer or Contractor for training,
taxes, insurance, contributions, assessments, profit sharing, pensions and all other benefits
required by law or collective bargaining agreements or by corporate policy and, for personnel not
covered by such agreements, customary benefits such as sick leave, medical and health benefits,
holidays, vacations and pensions, provided such costs are based on wages and salaries inciuded
in the Cost of the Work.
8.10.5 Payments made by the Developer or Contractor to Consultant or other
design professionals in accordance with the requirements of this Agreement, provided such costs
are not incurred as the proximate result of defects of deficiencies in the Work.
8.10.6 Costs, including transportation and storage, of materials and equipment
incorporated or to be incorporated in the completed construction.
8.10.7 Costs of materials described in the preceding Section 8.6.6 in excess of
those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if
any, shall become the City's property at the completion of the Work or, at the City's option, shall
be sold by the Developer. Any amounts rcalized from such sales shall be credited to the City as
a deduction from the Cost of the Work.
8.10.8 Costs, including transportation and storage, installation, maintenance,
dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and
hand tools not customarily owned by construction workers, that are provided by the Developer or
Contractor at the site and fully consumed in the performance of the Work; and cost (less salvage
value) of such items if not fully consumed, whether sold to others or retained by the Developer
or Contractor. Cost for items previously used by the Developer or Contractor shall mean fair
market value.
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8.10.9 Rental charges for temporary facilities, machinery, equipment, and
hand tools not customarily owned by construction workers that are provided by the Developer or
Contractor at the site, whether rented from the Developer or Contractor or others, and costs of
transportation, installation, minor repairs and replacements, dismantling and removal thereof.
Rates and quantities of equipment rented shall be subject to the City's prior approval. Rental
charges for equipment owned by the Developer or Cbntractor shall be consistent with the lesser
of those shou.n in the current Associated Equipment Dealers Manual or prevailing commercial
rates. Rental charges from third-parties shall be at cost. Rental rates shall be inclusive of all
charges. Lost equipment shall not be a Cost of the Work.
8.10.10 Costs of removal of debris from the site including loading and dump
charges.
8.10.11 Costs of document reproductions, facsimile transmissions and long-
distance telephone calls, postage and parcel delivery charges, telephone service at the site.
8.10.12 That portion of the reasonable expenses of the Developer's and/or
Contractor's personnel incurred while traveling in discharge of duties connected with the Work.
Without prior ,*T itten consent of the City, travel and living charges including per diems for
Developer's or Contractor's personnel such as the project manager and project superintendent
that do not reside in South Florida shall not be a Cost of the Work.
8.10.13 Costs of materials and equipment suitably stored off the site at a
mutually acceptable location, if approved in advance by the City.
8.10.14 That portion of insurance and bond premiums that can be directly
attributed to this Agreement.
8.10.15 Sales, use or similar taxes imposed by a governmental authority that are
related to the Work at the rates that are in force as of the date of the Agreement.
8.10.16 Fees and assessments for the building permit and for other permits,
licenses and inspections for which the City, Developer or Contractor are required by the
Agreement to pay.
8.10. l7 Fees of laboratories for tests required by the Contract Documents.
8.10.18 Royalties and license fees paid for the use of a particular design,
process or product required by the Contract Documents; the cost of defending suits or claims for
infringement of patent rights arising from such requirement of the Contract Documents; and
payments made in accordance with legal judgments against the Developer or Contractor resulting
from such suits or claims and payments of settlements made with the City's consent.
8.10.19 Deposits lost for causes other than the Developer's or Contractor's
negligence or failure to fulfill a specific responsibility to the City as set forth in the Contract
Documents.
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8.10.20 Other costs incurred in the performance of the Work if and to the extent
approved in advance in writing by the City.
8.10.21 Costs due to emergencies incurred in taking action to prevent
threatened damage, injury or loss in case of an emergency affecting the safety of persons and
property.
8.10.22 The Contractor's Fee.
8.11 Costs Not to be Reimbursed. The Cost of the Work shall not include:
8.11.1 Salaries and other compensation of the Developer's or Contractor's
personnel stationed at the Developer's or Contractor's principal office or offices other than the
site office.
8.11.2 Expenses of the Developer's principal office and offices other than the
site office.
8.1L3 Overhead and general expenses not associated with the Project.
8.11.4 Developer's or Contractor's capital expenses, including interest on the
Developer's or Contractor's capital employed for the Work or bonding (except as set forth in
Section 8.6 above).
8.11.5 Fees due to the Construction Manager.
ARTICLE 9
PROGRESS PAYMENTS
9.1 Proqress Payments.
9.1.1 Developer may make application for payment for Work completed
during the Project at intervals of not more than once a month. The period covered by each
application for payment shall be one calendar month ending on the last day of the month.
9.1.2 Based upon applications for payment prepared by Contractor and
submitted by Developer to Consultant and Contract Administrator and certificates for payment
issued by the Consultant, (a) Contract Administrator shall have ten (10) days after it is presented
with an application for payment to review and approve same or state in writing its reasons for
non-approval; and (b) for approved applications for payment, the City shall make progress
payments on account ofthe Contract Sum to Developer, as provided below and elsewhere in this
Agreement, within thiny (30) days after the submittal of each such application for payment to
Contract Administrator.
9.1.3 With each application for payment, Developer shall submit payro1ls,
receipted invoices or invoices with check vouchers attached, and any other evidence required by
MIAMI 4065 93 s . 6 80s7 4t 43097
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the City, Contract Administrator or Consultant to demonstrate that cash disbursements already
made by the Developer or Contractor on account of the Cost of the Work.
9.1.4 Each application for payment shall be based on the most recent
schedule of values submitted by Developer in accordance with this Agreement. The schedule of
values shall allocate the entire Guaranteed Maximum Price among the various portions of the
Work. The schedule of values shall be prepared in such form and supported by such data to
substantiate its accuracy as the Consultant may reasonably require. This schedule, unless
objected to by the Consultant or Contract Administrator, shall be used as a basis for reviewing
the applications for payment submitted by Developer.
9.1.5 Applications for payment shall show the percentage of completion of
each portion of the Work as of the end of the period covered by the application for payment. The
percentage of completion shall be the lesser of (1) the percentage of that portion of the Work
which has actually been completed; or (2) the percentage obtained by dividing (a) the expense
that has actually been incurred by Developer on account of that portion of the Work for which
Developer has made or intends to make actual payment prior to the next application for payment
by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the
schedule ofvalues. Substantiating backup including that for general conditions, vendors, rentals
and sub-developers shall be provided to properly support each progress payment.
9.1.6 Subject to other provisions of the Contract Documents, the amount of
each progress payment shall be computed as follows:
(a) take the total of the Cost of the Work and allocate it to each line
item in the approved schedule of values subject to the arnount not exceeding the then percent
completion of the Work for that individual line item; and
(b) subtract the aggregate of previous payments made by the City.
9.1.7 Unless otherwise provided in this Agreement, payments shall be made
on account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved, in advance and in writing by the Contract Administrator,
payment may similarly be made for materials and equipment suitably stored off the site at a
location agreed upon in writing. Payment for materials and equipment stored on or off the site
shall be conditioned upon compliance by Developer and Contractor with procedures satisfactory
to the City to establish the City's title to such materials and equipment or otherwise protect the
City's interest, and shall include the costs of applicable insurance, storage and transportation to
the site for such materials and equipment stored off the site.
9.1.8 The City may withhold palrnent of aa application for payment to such
extent as may be reasonably necessaly to protect itself from loss on account of Defective Work.
The City shall only withhold payment of the portion of an application for payment for which it
claims Defective Work. The City shall provide Developer with written notice of its rejection of
an application for payment (or a portion thereof) as a result of Defective Work within ten (10)
days after its receipt of such application for payrnent, failing which, the City shall be deemed to
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have waived its right to withhold payment of such application for payment on account of
Defective Work. Such written notice shall include the City's basis for claiming Defective Work.
If Developer disputes the City's claim of Defective Work, such dispute shall be resolved pursuant
to the terms of Article 11 in this Agreement.
ARTICLE 10
ACCEPTANCE AND F'INAL PAYMENT
10.1 Upon receipt of written notice from Developer that the Work is ready for final
inspection and acceptance, Consultant and Contract Administrator shall, within ten (10) days,
make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable;
that the requisite documents have been submitted and the requirements of the Contract
Documents have been fully performed; and all conditions of the permits and regulatory agencies
have been met, a final certificate of payment shall be issued by Consultant and approved by
Contract Administrator, stating that the requirements of the Contract Documents have been
performed and the Work is ready for acceptance.
10.2 On or before issuance of the final certificate of payrnent, Developer shall deliver
to Consultant the following, evidencing Final Completion:
10.2.1 A final waiver and release, duly executed by the Developer.
10.2.2 An affidavit listing the name, address and telephone number of the
Contractor and of all subcontractors who have performed Work on the Project, with such
subcontractors identified as to the trade involved for the Work, along with amounts paid to said
Contractor and subcontractors in connection with the Project;
10.2.3 Final waiver and reiease, duly executed by the Contractor;
10.2.4 One (1) original set and one (1) copy set of the As-Built Drawings;
10.2.5 Copies of pertinent test results, Assignment of all manufacturer's
warranties, guarantees, City's manuals to the City, bound in a form acceptable to the City; and
10.2.6 Unconditional consent of Contractor's and Developer's surety to final
payment.
10.3 It after the Work has been Substantially Completed, full completion thereof is
materially delayed through no fault of Developer, and Consultant and Contract Administrator so
certify, City shall, and without terminating this Agreement, make payment of the balance due for
that portion of the Work fully completed and accepted. Such payment shall be made under the
terms and conditions goveming final payment, except that it shall not constitute a waiver of
claims.
10.4 Developer's acceptance of final pa).rnent by the City shall constitute a waiver of
all claims by Developer against the City under this Agreement, except those previously made in
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strict accordance with the provisions of the Contract Documents and identified by Developer as
unsettled at the time of acceptance of final payment.
10.5 Developer's final application for payment and the Consultant's final certificate for
pa),rnent shall constitute a representation to the City by the Developer and the Consultant,
respectively, that all conditions precedent to Deveioper's entitlement to final payment have been
excused, waived or satisfied.
1 0.6 The making of final payment shall not constitute a waiver of claims by the City as
against Contractor and Consultant for: (a) faulty or defective Work, (b) failure of the Work to be
in strict accordance with the requirements of the Contract Documents, and (c) terms of all
warranties required by the Contract Documents.
ARTICLE 11
RESOLUTION OF' DISPUTES
11.1 To affempt to prevent all disputes and litigation, it is agreed by the parties hereto
that Consultant shall first decide all questions, claims, difficulties and disputes of whatever
nature which may arise relative to the Contract Documents and fulfillment of this Agreement as
to the character, quality, amount and value of any Work done and materials furnished, or
proposed to be done or fumished under or, by reason of,, the Contract Documents, and
Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be
conclusive subject to Developer or the City's objection to the extent provided in Section 11.2.
Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City
and Developer shall be submitted to Consultant in writing within ten (10) days of the discovery
of the occurrence. Unless a different period of time is set forth herein, Consultant shall notify
Developer and the City in writing of the decision within ten (10) days from the date of the
submission of the claim, question, difficulty or dispute, unless Consultant requires additional
time to gather information or allow the parties to provide additional information. Any request for
additional time shall extend the time of substantial completion as between City and Developer
for an equal period of time. All nontechnical administrative disputes shall be reasonably
determined by the Contract Administrator pursuant to the time periods provided herein. During
the pendency of any dispute and after a determination thereof, Developer and City shall act in
good faith to mitigate any potential damages including utilization of construction schedule
changes and altemate means of construction.
11.2 In the event the determination of a dispute under this Article is unacceptable to
either party hereto, the pany objecting to the determination must notifu the other party in writing
within twenty-one (21) days of receipt of the written determination. The notice must state the
basis of the objection and must be accompanied by a statement that any Contract Documents
price adjustment claimed is the entire adjustment to which the objecting party has reason to
believe it is entitled to as a result of the determination, if such amount is reasonably calculable at
such time. Within sixty (60) days after receipt of written determination as provided in this
section, the parties may participate in mediation to address all objections to any determinations
hereunder and to attempt to avoid litigation. The mediator shall be mutually agreed upon by the
parties. The mediation shall be non-binding.
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11.3 Pending final resolution of a claim, including mediation, unless otherwise agreed
in writing, Developer and Contractor shall proceed diligenfly with performance of the Contract
Documents and the Ciff shall continue to make payments in accordance with the Contract
Documents, subject to the terms of Article 9 in this Agreement. In no event shall Developer be
required to make any payments for the Work other than the payments provided under Sections
8.4 and 52.1 in the Agreement and any other payments set forth in this Agreement that are
expressly provided to be part of the Cost of the Work.
11.4 Any mediator used shall be certified in accordance with Florida law. Mediation
will be conducted in Miami-Dade County.
1 1.5 The City and Developer shall not be required to submit to arbitration any claim or
dispute arising out of, or in connection with, this Agreement unless the City and Developer
hereafter agree in writing to arbitrate that particular dispute. During the pendency of any
dispute, by mediation, litigation or arbitration (if mutually agreed), provided the City has paid all
monies due on non-disputed items, rlnder the pay applications, Developer and Contractor shall
carry on the Work and maintain the Construction Schedule, without prejudice to any of their
rights, notwithstanding the pendency of any such dispute resolution proceeding, unless otherwise
agreed by the City and Contractor in writing.
ll.6 In connection with any dispute or litigation arising out of this Agreement, the
prevailing party shall be entitled to recover all of its reasonable attorneys' fees and costs incurred,
including all reasonable attorneys' fees and costs for litigation in any bankruptcy proceedings and
at all trial and appellate levels.
ll.7 The Agreement shall be governed and construed in accordance with the laws of
the State of Florida. The Developer and City submit to the jurisdiction and venue of the State
and Federal Courts in and for Miami-Dade County, Florida and such courts shall have the
authority upon proper proof to award compensatory and/or consequential damages, as may be
appropriate.
ARTICLE 12
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ARTICLE 13
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ARTICLE 14
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ARTICLE 15
SECURITY
Developer shall cause Contractor to protect the Work, stored products and construction
equipment from theft and vandalism, and to protect the Project Site from entry by unauthorized
persons.
ARTICLE 16
INSPECTION OF PROJECT
16.1 The Contract Administrator or designee shall at all times have access to the
Project, and Developer shall provide proper facilities for such access, and such access shall be in
accordance with the visitor's rules.
16.1.1 Should the Contract Documents, insfluctions, any laws, ordinances, or
any public authority require any Work for the Project to be specially tested or approved,
Developer shall give to the Contract Administrator timely notice of readiness of the Work for
inspection. If the testing or approval is to be made by an authority other than City, timely notice
shall be given of the date fixed for such testing. Inspections shall be made promptly, and, where
practicable, at the source of supply. Within a reasonable time from execution of this Agreement,
City shall provide a letter Iisting the areas of Work the City will inspect. If defined Work for the
Project should be covered up without required inspection/approval, it must, if required by the
Conffact Administrator, be uncovered for examination and properly restored at Developer's
expense.
16.1.2 Reexamination and retesting of any Work for the Project may be
reasonably ordered by the Contract Administrator; and if so ordered, Developer shall cause such
Work to be uncovered by Contractor. If such Work is found to be in accordance with the
Contract Documents, the City shall pay the cost of reexamination, retesting and replacement. If
such Work is not in accordance with the Contract Documents, Developer shall cause Contractor
to pay such cost.
16.2 The payment of any compensation, regardless of its character or form, or the
giving ofany gratuity or the granting ofany valuable favor by Developer to any inspector other
than its consultant, is forbidden, and any such act on the paft of Developer will constitute a
breach ol this Agreement.
ARTICLE 17
SUPERINTENDENCE AND SUPERVISION
17 .1 The orders of the City are to be given through the Contract Administrator, whose
instnrctions are to be strictly and promptly followed in every case, provided that they are in
accordance with this Agreement. Developer shall cause Contractor to keep on the Project during
its progress a competent supervisor, and any necessary assistants.
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17.2 Developer shall prepare, or cause its Contractor or other designated Contract
Administrator or Contact Administrator representative to prepare, on a daily basis, and keep on
the Project site, a bor.rnd log setting forth at a minimum, for each day: the weather conditions and
how any weather conditions affected progress of the Work, Work performed, equipment utilized
for the Work, any idle equipment and reasons for idleness, visitors to the Project site, labor
utilized for the Work, and any materials delivered to the Project Site. The daily bound log shall
be available for inspection by the Contract Administrator or designee at all times during the
Project.
17.3 If Contractor or Consultant, in the course of the Project, finds any discrepancy
between the Contract Documents and the physical conditions of the site, or any effors or
omissions in the Contract Documents including the Plans and Specifications and notifies
Developer of such discrepancy, it shall be a Developer duty to immediately inform the Contract
Administrator, in writing; and Contract Administrator will promptly verify the same.
17.4 Developer shall coordinate, supervise and direct the Project competently and
efficiently, devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Project in accordance with the Contract Documents. Developer shall
cause Contractor to be responsible for the means, methods, techniques, safety, sequences and
procedures of construction. Developer shall cause Contractor to give efficient supervision to the
Work, using Developer's and Contractor's best skill, attention, and judgment.
ARTICLE 18
CITY'S RIGHT TO TERMINATE AGREEMENT
18.1 IfDeveloper (a) fails to cause Contractor to begin the construction ofthe Project
within the time specified, or (b) fails to cause Contractor to perform the Project with sufficient
workers and equipment or with sufficient materials to insure the prompt completion of the
Project, in accordance with the Contract Documents and schedules, within the Contract Time, or
(c) fails to cause Contractor to perform the Work suitably and without defects, or (d)
discontinues the prosecution of the Project, except for excused delays in accordance with this
Agreement, or (e) becomes insolvent or be declared bankrupt, or commits any act of bankruptcy
or insolvency, or (t) makes an assignment for the benefit ofcreditors, or (g) shall not carry on the
Project in accordance with the Contract Documents, the City shall give notice in writing to
Developer and the surety of such delay, neglect or default, specifying the same. If Developer,
within a period of ten (10) days after such notice, shall not proceed to commence to rectify such
complaint in accordance therewith and thereafter diligently pursue the resolution of such
complaint, then the City may, upon written certificate from the Contract Administrator of the fact
of such delay, neglect or default and Developer's failure to comply with such notice: (i)
terminate the services of Developer under this Agreement, exclude Developer and Contractor
from site and take the prosecution ofthe Project out ofthe hands ofDeveloper and Contractor, as
appropriate. In such case, Developer shall not be entitled to receive any firrther payment until
the Project is finished. In addition, the City may (ii) enter into an agreement for the completion
of the Project according to the terms and provisions of the Contract Documents or use such other
methods as in its opinion shall be required for the completion of the Project in an acceptable
manner. Developer hereby collaterally assigns its rights under the Contract Documents to the
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City so that upon termination of this Agreement by the City in accordance with the terms of this
paragraph, the assignment of the Contract Documents shall automatically become effective.
Notwithstanding the assignment of the Contract Documents automatically becoming effective,
Developer agrees, upon request of the City, to execute such documentation as may be reasonably
necessary in order to effectuate such assignment; and/or (iii) sue Developer for the damages,
costs and charges incurred by the City which shall be deducted from any monies due or which
may become due to said Developer Actions will be instituted to recover on the posted bonds.
18.2 Upon receipt of a notice of termination pursuant to Sections 18.1 above,
Developer shall promptly discontinue all affected Work unless the notice of termination directs
otherwise and deliver to the City within seven (7) days of termination all data, drawings,
specifications, reports, estimates, summaries and such other information as may have been
required by the Contract Documents whether completed or in process. Compensation shall be
withheld until all documents are provided to the City pursuant to this Article.
ARTICLE 19
DEVELOPER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
Should Contract Administrator fail to review and approve or state in writing reasons for
non-approval of any application for payment within ten (10) days after it is presented, or if the
City fails either to pay Developer within thirty (30) days after presentation of such application
for payment to Contract Administrator, or to notifu Developer in writing of any objection to the
application for payment, then Developer may, give written notice to the City, through Contract
Administrator, of such delay, neglect or default, specifying the same. If City or Contract
Administrator (where applicable), within a period of seven (7) days after such notice shall not
remedy the delay, neglect, or default upon which the notice is based, then Developer may stop
Work or terminate this Agreement and recover from the City payment for all Work executed and
reasonable expenses sustained therein.
ARTICLE 20
"oREQUAL" CLAUSE
20.1 Whenever a material, article or piece of equipment is identified in the Contract
Documents including drawings (plans) and specifications by reference to manufacturers' or
vendors' names, trade names, catalog numbers, or otherwise, it is intended merely to establish a
standard, and, unless it is followed by words indicating that "no substitution is permitted," any
material, article, or equipment of other manufacturers and vendors which will perform or serye
the requirements of the general design will be considered equally acceptable provided the
material, article or equipment so proposed is, in the opinion of the Consultant and Contract
Administrator:
20.1.1 At least equal in quality, durability, appearance, strength and design;
20.1.2 Performs at least equally the function imposed in the general design for
the Project;
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20.1.3 Conforms substantially, even with deviations, to the detailed
requirements for the items as indicated by the Contract Documents; and
20.1.4 Carries the same guaranty or warranty of the specified equipment.
All substitution requests will be made via written request which shall be attached to a
Shop Drawing and/or Change Order which shall be attached to a detailed description of the
specified item and a detailed description of the proposed substitution. A comparison letter
itemizing all deviations from specified items must be included for the Consultant and Contract
Administrator to properly evaluate substitution. Failure to provide the deviation comparison
sheet shall automatically deny the request.
Any changes, inclusive of design changes, made necessary to accommodate substituted
equipment under this paragraph shall be at the expense of Developer, Contractor or subcontractor
responsible for the Work item.
20.2 Contract Administrator's prior written consent will be required as to acceptability,
and no substitute will be ordered, installed or utilized without Consultant and Contract
Administrator's prior written acceptance which will be evidenced by either a Change Order or an
accepted Shop Drawing. City may require Developer to cause Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with respect to any
substitute.
ARTICLE 21
PLANS AND SPECIF'ICATIONS
All plans, general and detail, are to be deemed a part of this Agreement, and the Plans
and Specifications are to be considered together, and are intended to be mutually
complementary, so that any Work shown on the Plans, though not specified in the Specifications,
and any Work specified in the Specifications though not shown on the Plans, is to be executed by
Developer as part of this Agreement. Figured dimensions are to prevail over scale. All things
which in the opinion of the Contract Administrator may reasonably be inferred from this
Agreement and Plans as developed by Consultant and mutually agreed upon and approved by
Developer and City for the Project, are to be executed by Developer under the terms of the
Agreement; and the Consultant shall determine whether the detailed Plans conform to the
Contract Documents, except as may be otherwise determined by the Contract Administrator. In
the event the Work requested under this Section expands the scope of the Project, Developer may
seek a Change Order pursuant to Article 38.
ARTICLE 22
CONTRACTOR TO CHECK DRAWINGS AND DATA
Developer shall cause Contractor to take maasurements and verify all dimensions,
conditions, quantities and details shown on the drawings, schedules, or other data. Failure to
discover or correct errors, conflicts or discrepancies shall not relieve Contractor of full
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responsibility for unsatisfactory Work, faulty construction, or improper operation resulting
therefiom nor from rectifuing such condition at Contractor's own expense. Contractor will not be
allowed to take advantage of any error or omissions.
ARTICLE 23
DIFFERING SITE CONDITIONS
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project Site which differ materially from those shown on the
Contract Documents and from those ordinarily encountered and generally recognized as inherent
in Work of the character called for in the Contract Documents, or unknown physical conditions
ofthe Project Site, ofan unusual nature, which differ materially from that ordinarily encountered
and generally recognized as inherent in Work of the character called for in the Contract
Documents and Contractor notifies Developer of such conditions, Developer shall notify or
cause Contractor, without disturbing the conditions and before performing any Work affected by
such conditions, to, within twenty-four (24) hours of their discovery, notify Contract
Administrator and Consultant in writing of the existence of the aforesaid conditions. Consultant
and Contact Administrator shall, within two (2) business days after receipt of Contractor's
and"ior Developer's written notice, investigate the site conditions so identified. If, in the opinion
of Consultant and Contract Administrator, the conditions do materially so differ and cause an
increase or decrease in Developer's cost of, or the time required for, the performance of any part
of the Work, whether or not charged as a result of the conditions, Consultant and Contract
Administrator shall recommend an equitable adjustment to the Contract Sum, or the Contract
Time, or both. If City and Developer cannot agree on an adjustment in the Contract Sum or
Contract Time, the adjustment shall be referred for determination in accordance with the
provisions of Article 1 1. Should Consultant and Contract Administrator determine that the
conditions of the Project Site are not so materially different to justi$, a change in the terms of the
Contract Documents, Consultant shall so notify City and Developer in writing, stating the
reasons, and such determination shall be final and binding upon the parties hereto.
No request by Developer for an equitable adjustment to the Contract Sum and/or Contract
Time under this provision shall be allowed unless Developer has given written notice. No
request for an equitable adjustment or change to the Contract Sum or Contract Time for differing
site conditions shall be allowed if made after the date certified bv Consultant as the date of
Substantial Completion.
ARTICLE 24
WARRANTY
Developer shall require that Contractor warrant to the City in the Contract Documents
that all materials and equipment fumished for the Project will be new unless otherwise specified
and that all Work for the Project will be of good quality, free from faults and defects and in
conformance with the Contract Documents. The standard of quality shall be at least that
employed by similarly qualified Contractor's that are duly qualified and licensed to perform
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similar projects. If materials or equipment is improperly stored and becomes altered as a result of
such improper storage, Developer shall cause Contractor to replace said materials with new
materials at no additional cost. Developer shall cause Contractor to be responsible for proper
storage and safeguarding of all materials. If required by the Contract Administrator, Developer
shall cause Contractor to furnish satisfactory evidence as to the kind and quality of materials and
equipment. The warranty requirements set forth in the Contract Documents as herein def,rned
shall govem warranty terms and conditions for all warranty items expressed or implied. The
Contractor's wa.rranty period under this Article shall be one (1) year from the date of Substantial
Completion of each portion of the Project. However, this Section shall not abridge the times or
impede the rights and remedies afforded the City against other entities or persons under this
Agreement, or by law.
ARTICLE 25
SUPPLEMENTARY DRAWINGS
25.1 When, in the opinion of Consultant, it becomes necessary to explain more fully
the Work to be done, or to illustrate the Project fuither to show any changes which may be
required, supplementary drawings, with specifications pertaining thereto, will be prepared by the
Consultant.
25.2 The supplementary drawings shall be binding upon Developer with the same
force as the Contract Documents. Where such supplementary drawings require either less or
more than the estimated quantities of Work, appropriate adjustments shall be made pursuant to
an approved Change Order in accordance with Article 8 herein.
ARTICLE 26
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ARTTCLE 27
GENERAL WORKMANSHIP
27.1 Articles, materials, and equipment specified or shown on drawings shall be new
and shall be applied, installed, connected, erected, used, cleaned, and conditioned for proper
forming, as per the manufacturer's directions. Contractor shall, if required, furnish satisfactory
evidence as to kind and quality of the materials. Should materials arrive to the jobsite new and be
improperly stored and deteriorate from new condition, the materials shall be replaced at no
additional cost to City.
27.2 Developer shall cause Contractor to apply, install, connect, and erect
manufactured items or materials according to recommendations of manufacturer when such
recommendations are not in conflict with the Contract Documents. If there is conflict between
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manufacturer recommendations and the Contract Documents, Consultant and Contract
Administrator shall be notified and participate in the corrective actions.
ARTICLE 28
DEFECTIVE WORK
28.1 Consultant and/or Contract Administrator shall have the authority to reject or
disapprove Work for the Project which Consultant and/or Contract Administrator reasonably
finds to be defective. If required by Consultant and/or Conuact Administrator, Developer shall
cause Contractor to promptly either, as directed, correct all Defective Work or remove it from
the Project site and replace it with non-Defective Work. In the event it is determined that City
was correct in its order, Developer and/or Contractor shall bear all costs of such removal or
correction.
28.2 If, within one (1) year after Substantial Completion, any Work is found to be
defective or not in accordance with the Contract Documents, Contractor shall correct it promptly
in accordance with the its warranties and without cost to City after receipt of written notice from
City to do so, unless City has given Contractor a written acceptance of such conditions. Nothing
contained herein shall be construed to establish a period of limitation wilh respect to any other
obligation which Contractor might have under the applicable State law.
28.3 Prior to Substantial Completion, should Developer fail to cause Contractor to
remove or correct any Defective Work performed for the Project or to make any necessary
repairs in an acceptable manner and in accordance with the requirements of this Agreement
within a reasonable time, indicated in writing, City shall have the authority to cause the
unacceptable or Defective Work to be removed or corrected, or make such repairs as may be
reasonably necessary to be made at Developer's or Confiactor's expense. Continued failure or
refusal on the part of Developer to cause Contractor to make any or all necessary repairs
promptly, fully, and in acceptable manner shall be sufficient cause for City to declare this
Agreement forfeited, in which case City, at its option, may purchase materials, tools, and
equipment and employ labor or may contract with any other individual, firm or corporation, or
may proceed with its own forces to perform the Work. A11 costs and expenses reasonably
incurred thereby shall be charged against Developer or Contractor.
28.4 Failure to reject any Defective Work or material shall not in any way prevent later
rejection when such defect is discovered or obligate City to final acceptance.
28.5 Upon Final Completion, City agrees to look solely to the Contractor, Consultant
or both, but not the Developer, to perform any and all to repair or correct any and all Work
considered or determined by the City to be non-conforming or defective or otherwise in breach
of any warranty.
28.6 Upon Final Completion, the City shall become solely responsible and liable for
the operation, security, maintenance, heat, utilities, damage to the Work, and insurance. The
failure to include any items of corrective Work on such list does not alter the responsibility of
Contractor to complete all of the Work in accordance with the Contract Documents. Warranties
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from Contractor required by the Contract Documents shall commence on the date of Final
Completion of the Work or designated portion thereof unless otherwise provided in the
Certificate of Completion.
ARTICLE 29
SUBCONTRACTS
29.1 Until Final Completion, Developer shall be fully responsible for the performance
of its agents and employees, and Contractor and Consultant under the terms of this Agreement.
Until Final Completion, nothing in the Contract Documents shall create any contractual
relationship between any subcontractor and City or any obligation on the part of City to pay or to
see the payment of any monies due any subcontractor. City or Developer may furnish to any
Contractor, subcontractor, subconsultant evidence of amounts paid to Developer on account of
specific Work performed.
29.2 Developer agrees to bind specifically Contractor and require that Contractor bind
every subcontractor and subconsultant to the applicable terms a:rd conditions of the Contract
Documents for the benefit of City.
29.3 Upon the occurence of Final Completion and thereafter, as a third-party
beneficiary of the Contract Documents and all warranties thereunder, City shall be deemed to be
in a direct contractual relationship with the Contractor such that the Contractor shall be liable to
the City to the same extent that Contractor is liable and responsible to the Developer for the acts
and omissions of itself and all of its subcontractors, sub-subcontractors, materialman and
laborers employed by the Contractor.
ARTICLE 30
ENVIRONMENTAL MATTERS
The City is responsible as a Cost of the Work pursuant to an approved Change Order for
any required environmental remediation within the Project Site. Developer shall be responsible
as a Cost of the Work for conducting environmental due diligence prior to construction to assess
the environmental site conditions and subsequent remediation needs, if applicable.
Notwithstanding the foregoing, if the cost of such remediation is, in the sole and reasonable
business judgment of the City, economically unfeasible, then the City shall have the right to
terminate this Agreement upon written notice to Developer, in which case both parties shall be
released from any further liability under this Agreement.
ARTICLE 31
USE OF' COMPLETED PORTIONS
31.1 City shall have the right at its sole option to take possession of and use any
completed or partially completed portions ofthe Project. Such possession and use shall not be
deemed an acceptance of any of the Work not completed in accordance with the Contract
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Documents. If such possession and use increases the cost of or delays the Work, Developer shall
be entitled to reasonable extra compensation, or reasonable extension of time or both, as
recommended by Consultant and approved by City, as a Change Order in accordance with
Article 8 herein.
31.2 In the event City takes possession of any completed or partially completed
portions of the Project, the following shall occur:
31.2.1 City shall give notice to Developer in writing at least thirty (30) days
prior to City's intended occupancy of a designated area.
31.2.2 Developer shall complete to the point of Substantial Completion the
designated area and request inspection and issuance of a Certificate of Substantial Completion
from Consultant.
31.2.3 Upon Consultant's issuance of a Cenificate of Substantial Completion,
City will assume full responsibility for maintenance, utilities, subsequent damages of City and
public, adjustment ofinsurance coverage's and start ofwarranty for the occupied area.
31.2.4 Developer shall complete all items noted on the Certificate of
Substantial Completion within the time specified by Consultant on the Certificate of Substantial
Completion, as soon as possible and request final inspection and final acceptance ofthe portion
of the Work occupied. Upon completion of final inspection and receipt of an application for
final payment, Consultant shall issue a final certificate of payment relative to the occupied area.
31.2.5 If City finds it necessary to occupy or use a portion or portions of the
Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior
to a time mutually agreed upon by City and Developer and to which the insurance company or
companies providing the property insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or
lapsed on account of such partial occupancy or use. Consent of Developer and of the insurance
company or companies to such occupancy or use shall not be unreasonably withheld.
ARTICLE 32
CONSTRUCTION AREA
32.1 Developer and Contractor shall use areas approved by the Contract Administrator
for deliveries and personnel.
32.2 To provide for maximum safety and security, Contractor shall erect and maintain
all necessary barricades, and any other temporary walls and structures as required, and boarding
or fencing to protect life and property during the period of construction.
32.3 Construction staging for the Project will be confined to the Project Site, thereby
not impacting adjacent commercial areas. Developer shall develop a plan for construction
staging in order for access to the adjacent commercial areas to be continually maintained with
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only minimal disruptions. Such plan shall be subject to City's prior approval which shall not be
unreasonably withheld, conditioned or delayed.
ARTICLE 33
LANDS FORWORK
City shall provide as indicated in the Contract Documents, the lands upon which the
Project is to be performed, rights-of-way and easements for access thereto and such other lands
as are designated for the use of Developer. No claim for damages or other claim other than for an
increase in the Contract Sum or Contract Time shall be made or asserted against City by reason
of any delay arising as a result of any failure of City to provide such lands on the date needed by
Developer. The provisions of Article 41 shall apply herein.
ARTICLE 34
LEGAL RESTRICTIONS
Developer shall conform to all applicable laws, regulations, or ordinances with regard to
labor employed, hours of Work and Developer's general operations.
ARTICLE 35
DAMAGE TO EXSTING FACILITIES, EQUIPMENT ORUTILITIES
35.1 The City shall provide Developer with the documents, including, without
limitation, a sonar study of all existing underground facilities, equipment and utilities within the
Project Site, identif,led on the attached Exhihit "G" (collectively, the "Documents") within ten
(10) days after the date of this Agreement.
35.2 The City shall, prior to commencement of the Work, identifu to Developer any
and all existing utilities and other underground facilities, equipment, or utilities at City's sole cost
and expense. The City, as part of the Contract Sum, will be solely responsible for relocating any
underground utilities now existing on the Project Site. Developer and Contractor shall be
responsible to preserve all existing utilities identified in the Documents. If a utility conflict is
encountered which was not identified in the Documents, Consultant or Developer shall be
responsible for giving sufficient notice to the owners of the utilities so that the City may make
the necessary adjustments. Any time delay or cost incurred will be the responsibility of the City
and shall increase the Contract Time and Contract Sum through an approved Change Order.
City, as a Cost of the Work through a Change Order, shall relocate any underground utilities
existing as of the date of this Agreement on the Project Site, if necessary, that were not identified
by City to Developer in the Documents.
35.3 Developer shall cause Contractor to exercise care and take all precautions during
excavation and construction operations to prevent damage to any existing facilities, equipment,
or utilities. Any damage caused by Contractor shall be reported immediately to the Contract
Administrator and such Work shall be repaired and/or replaced by Contractor in a manner
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approved by City. In the event Contractor damages underground facilities, equipment, or
utilities that were identified by City in the Documents, then all costs to repair and/or replace any
damage to existing facilities, equipment, or utilities, shall be the sole responsibility of
Contractor, and such repair or replacemenl shall be performed expeditiously without cost to City.
In the event Contractor damages underground facilities, equipment, or utilities that were not
identified by City in the Documents, then all costs to repair and/or replace any damage to
existing facilities, equipment, or utilities, shall be the sole responsibility of City, and such repair
or replacement shall be performed expeditiously at the expense of the City as a Cost of the Work
tlrough a Change Order.
35.4 Developer shall cause Contractor to provide that type of required protection for
finished Work at all times and protect adjacent Work during cleaning operations, and make good
any damage resulting from neglect ofthis precaution.
35.5 Protection of Work shall include protecting of Work that is factory finished,
during transportation, storage, during and after installation. Where applicable and as required,
Developer shall cause Contractor to close off spaces of areas where certain Work has been
completed to protect it from any damages caused by others during their operations.
35.6 To all applicable sections where preparatory Work is part of Work thereon,
Developer shall cause Contractor to carefully examine surfaces over which finished Work is to
be installed, laid or applied, before commencing with the Work. Developer shall not allow
Contractor to proceed with said Work until defective surfaces on which Work is to be applied are
corrected satisfactorily to the Contract Administrator. Commencement of Work shall be
considered acceptance of surfaces and conditions.
ARTICLE 36
CONTINUING THE WORK
Provided City is current in its pal,rnents under this Agreement, Developer and Contractor
shall carry on the Work and adhere to the Construction Schedule during all disputes or
disagreements with City, including disputes or disagreements conceming a request for a Cha.nge
Order, a request for a change in the Contract Sum or Contract Time. Provided City is current in
its payments under this Agreement, the Work shall not be delayed or postponed pending
resolution ofany disputes or disagreements.
ARTICLE 37
F'IELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
37.1 The Contract Administrator shall have the right to approve and issue Field Orders
(subject to Developer's approval) setting forth written interpretations ofthe intent ofthe Contract
Documents and ordering minor changes in Contract Documents execution, providing the Field
Order involves no change in the Contract Sum or the Contract Time.
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37.2 The Contract Administrator shall have the right to approve and issue to Developer
reasonable supplemental instructions to Developer setting forth u,ritten orders, instructions, or
interpretations conceming the Agreement or its performance, provided they make no material
changes in Contract Documents execution and involve no change in the Contract Sum or the
Contract Time.
ARTICLE 38
CHANGE ORDERS (CHANGES rN QUANTTTTES OF WORK)
38.1 Changes in the quantity or character of Work within the scope of this Project
which are not properly the subject of Field Orders or supplemental instructions, to include all
changes resulting in changes in the Contract Sum or the Contract Time, shall be authorized only
by Change Orders approved by the Contract Administrator and Developer.
38.2 Developer shall not start Work on any alteration requiring an increase in price or
extension of time for completion until a Change Order setting forth the adjustrnents is approved
in writing by the Contract Administrator and Developer, except for the provisions of Section
38.3, which govems disputed Change Order items.
38.3 In the event satisfactory adjustment cannot be reached for any item requiring a
Change Order, the City reserves the right, at its own option, to either terminate the Agreement as
it applies solely to the items in question and make such arrangements as may be deemed
necessary to complete the item in question. Provided, however, if the arrangements made by the
City to complete the item in question would delay Final Completion of the Work or result in
additional expense to Developer, then the City shall either (l) issue a Change Order for such
additional cost or time extension or (2) postpone the City's proposed work until after Final
Completion of the Work or (3) submit the matter in dispute for resolution as set forth in Article
1l herein. During the pendency of the dispute resolution, Developer shall proceed with the Work
set forth within the Change Order on a time and materials basis, which Developer shall
adequately document pending final resolution of such dispute(s).
38.4 On approval of any Change Order increasing the price, Developer shall direct
Contractor to ensure that the applicable Performance and Payment Bonds, to the extent
applicable under the provisions of Article 5 t hereof, are each increased so that it reflects the total
amount ofthe Project as increased.
38.5 Proposed Change Orders shall be prepared by the Contractor and submitted by
Developer to Contract Administrator for approval.
ARTICLE 39
VALUE OX' CHANGE ORDER WORK
In the event the City initiates a Change Order for Work to be performed or eliminated
from the Contract Documents by Developer, Developer shall use its best efforts to negotiate with
the Contractor for the most cost effective pricing with respect to a determination of the change in
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the Contract Sum, if any, or the amormt of the time extension or reduction, if any, necessitated
by the Change Order. The cost quoted by the Contractor for Change Orders shall be within
standard industry rates and shall be submitted with a breakdown of labor, material, overhead and
profit subtotal amounts. ;
ARTICLE 40
CHANGE OF CONTRACT TIME OR CONTRACT SUM
40.1 The Contract Time set forth in Article 6 or the Contract Sum may only be
changed by a Change Order. Any claim for an extension of the Contract Time or for an increase
in the Contract Sum shall be based on written notice delivered by the party making the claim to
the Contract Administrator promptly (but in no event later than forty-five (45) days) after the
occurrence of the event giving rise to the claim and stating the general nature of the claim.
Notice of the extent of the claim with supporting data shall be delivered within such forty-hve
(45) day period (unless Contract Administrator allows, in writing,, an additional period of time to
ascertain more accurate data in support of the claim). All claims for adj ustment in the Contract
Time or for an increase in the Contract Sum shall be decided by the Contract Administrator
pursuant to the terms of Article 11 in this Agreement. No claim for an adjustment in the
Contract Time or for an increase in the Contract Sum will be valid if not submitted in strict
accordance with the requirements of this Article.
40.2 The Contract Time will be extended in an amount equal to time lost due to days
beyond the control of and through no fault or negligence of Developer if a claim is made
therefore as provided herein. Such delays shall include, but not be limited to, acts or neglect by
City, or by *y employee of City, or any separate Contractor or consultant employed by City,
fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God.
ARTICLE 41
NO DAMAGES FORDELAY
NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN
EXTENSION OF CONTRACT TIME OR AN INCREASE IN THE CONTRACT SUM SHALL
BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS.
DEVELOPER SHALL NOT BE ENTITLED TO PAYMENT OF COMPE,NSATION OF ANY
KIND FROM THE CITY FOR DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER
COSTS, EXPENSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, COSTS OF
ACCELERATION OR INEFFICIENCY, RESULTING FROM ANY DELAYS, EXCEPT IN
THE EVENT THAT SUCH DELAYS ARE DUE TO FRAUD, BAD FAITH, ACTIVE
INTERFERENCE OR THE FAILURE TO TIMELY ACT BY THE CITY. OTHERWISE,
DEVELOPER SHALL BE ENTITLED ONLY TO EXTENSIONS OF THE CONTRACT TIME
OR AN INCREASE IN THE CONTRACT SUM AS ITS SOLE AND EXCLI]SIVE REMEDY
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FOR SUCH DELAYS. DEVELOPER SHALL SPECIFICALLY INCLUDE THIS
PROVISION IN ITS AGREEMENT WITH CONTRACTOR.
ARTICLE 42
SUBSTANTIAL COMPLETION
When Developer considers that the Work, or a portion thereof designated by the City,
pursuant to Article 31 hereof, has reached Substantial Completion, Developer shall so notify
Contract Administrator and Consultant in writing. Contract Administrator and Consultant sha1l
then promptly inspect the Work. When Contract Administrator and Consultant, on the basis of
such an inspection, determine that the Work or designated portion thereof is Substantially
Complete, Consultant will then prepare a Certificate of Substantial Completion which shall
establish the Date of Substantial Completion and shall list all Work yet to be completed to satisfy
the requirements of the Contract Documents for Final Completion. The Certificate of Substantial
Completion shall be subject to Contract Administrator's reasonable approval and shall be
submitted to City through the Contract Administrator and Developer for their wdtten acceptance
ofthe responsibilities assigned to them in such Certificate.
ARTICLE 43
SHOP DRAWINGS AND SCHEDULE OF VALUES
43.1 Developer shall submit Shop Drawings from Contractor for all equipment,
apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles.
The purpose of a Shop Drawing is to show the suitability, eff,rciency, technique of manufacture,
installation requirements, details of the item and evidence of its compliance or noncompliance
with the Contract Documents.
43.2 Developer shall promptly request of Contractor Shop Drawings from the various
manufacturers, fabricators, and suppliers.
43.3 To the extent Shop Drawings are required by the Consultant or industry custom
and standards would contemplate the preparation of Shop Drawings for certain items of the
Work, subcontractors and"/or materialmen shall be required by contract to submit Shop Drawings.
Consultant shall thoroughly review and check the Shop Drawings and each and every copy shall
show Consultant's approval thereon.
43.4 If the Shop Drawings show or indicate departures from the Contract Documents
requirements, Developer shall cause Contractor to make specific mention thereof in its Shop
Drawing submittal and a separate letter. Failure to point out such departures shall not relieve
Contractor from its responsibility to comply with the Contract Documents. Contract
Administrator shall determine acceptability of change and in considering said change, may
require data, technical comparisons, cost comparisons, quality comparisons and,/or calculations
to determine the equality of deviations. Contract Administrator is not obligated to accept
deviations.
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43.5 No Work called for by Shop Drawings shall be done until the said Drawings have
been fumished to and accepted by the Contract Administrator or his designee. Contract
Administrator shall respond to Shop Drawings pre-approved by Consultant with objections or
acceptance within ten (10) days ofreceipt. Acceptance is for design intent only and shall not
relieve Contractor and Consultant from responsibility for ht, form, firnction, quantity or for
errors or omissions of any sort on the Shop Drawings.
43.6 No acceptance will be given to partial submittal of Shop Drawings for items
which interconnect and/or are interdependent. It is Developer's responsibility to assemble the
Shop Drawings prepared by Contractor for all such interconnecting andior independent items,
check them and then make one submittal to the Contract Administrator along with Consultant's
cofirments as to compliance, noncompliance, or features requiring special attention.
43.7 If catalog sheets or prints of manufacturers' standard drawings are submitted as
Shop Drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink. Catalog sheet with multiple options shall be highlighted to depict specific
pertinent data including options.
43.8 Developer shall submit to Contract Administrator six (6) copies. Resubmissions
of Shop Drawings shall be made in the same quantity until final acceptance is obtained.
43.9 Contract Administrator's acceptance of the Shop Drawings as approved by
Consultant will be for general compliance with the plans and specifications design intent and
shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the
proper fittings and construction of the Work, nor for the fumishing of the materials or Work
required by the Conhact Documents and not indicated on the Drawings.
43.10 Developer shall keep one set of Shop Drawings marked with the Contract
Administrator's acceptance at the Project site at all times.
43.11 At least thirty (30) days prior to the commencement of construction, the
Developer shall submit a schedule of values to the Contract Administrator. Developer shall
submit to the Contract Administrator a separate schedule of values for demoiition, abatement,
and site Work thirty (30) days prior to commencing such portion of the Work. The schedule will
be typed on 8-1/2" x 11" white paper listing: Title of project, location, project number, architect,,
Contractor, Contract Documents designation, and date of submission. The schedule shall list the
installed value of the component parts of the Work in sufficient detail to serve as a basis for
computing values for progress payments during the construction. The table of contents of the
specihcations shall establish the format for listing the component items. Each line item will be
identified by the number and title of the respective major section of the specifications. For each
line item, Developer shall listthe sub-values of majorproducts or operations underthe item. For
any items for which progress payments will be requested for stored materials, the value will be
broken down with:
43.11.1 The cost of materials delivered, unloaded, properly stored and
safeguarded, with taxes paid; and
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43.11 .2 The total installed value.
ARTICLE 44
FIELD ENGINEERING
44.1 The Developer shall provide as a Cost of the Work, the engagement of
Consultants for field engineering services required for the Project. This field engineering
services shall include the following elements:
44.1.1 Survey Work required in execution of the Project.
44.1.2 Civil, structural or other professional engineering services specified, or
required to execute the Contractor's construction methods.
44.2 The survey completed by the survey Consultant will identify the qualified
engineer or registered land surveyor, acceptable to the City, and it shall be retained by the
Developer at the outset of this Proj ect.
44.3 The survey will locate and protect control points prior to starting site Work, and
will preserve all permanent reference points during construction.
44.3.1 No changes or relocations will be made without prior written notice to
the Contract Administrator.
44.3.2 A report shall be made to the Contract Administrator when any
reference point is lost or destroyed, or requires relocation because of necessary changes in grades
or locations.
44.3.3 The surveyor shall be required to replace Project control points which
may be lost or destroyed. The surveyor shall be duly registered as a surveyor or mapper, as
required by state law.
44.3.4 Replacements shall be established based upon original survey control.
ARTICLE 45
FIELD LAYOUT OF THE WORKAND RECORD DRAWINGS
45.1 The entire responsibility for establishing and maintaining a line and grade in the
field lies with Contractor. Contractor shall maintain an accurate and precise record of the
location and elevation of all pipe lines, conduits, structures, underground utility access portals,
handholds, fittings and the like and shall deliver these records in good order to the Contract
Administrator as the Work is completed. These records shall serve as a basis for "record"
drawings. The cost of all such field layout and recording Work is included in the prices bid for
the appropriate items.
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45.2 Contractor shall maintain in a safe place at the site one record copy of all
Drawings (Plans), Specifications, Addenda, written amendments, Change Orders and written
interpretations and clarifications in good order and annotated to show all changes made during
construction. These record documents together with all approved samples and a counterpart of all
approved Shop Drawings will be available to Contract Administrator for reference. Upon
completion of the Project, these record documents, samples and Shop Drawings shali be
delivered to Contract Administrator.
45.3 At the completion of the Project, the Contractor shall tum over to the City a set of
reproducible drawings (Mylars) and a complete set of all drawings in the latest version of the
AutoCAD format on floppy disk not compressed which accurately reflect the "as built"
conditions of the new facility. All changes made to the construction documents, either as
clarifications or as changes, will be reflected in the plans. The changes shall be submitted on
Mylar at Ieast monthly to the Contract Administrator. These "as built" drawings on Mylar and
the latest version of the AutoCAD format media must be delivered and found to be acceptable
prior to final payments.
ARTICLE 46
SAFETYAND PROTECTION
46.1 Developer shall require Contractor to be responsible for initiating, maintaining
and superyising all safety precautions and programs in connection with the Project. Developer
shall require Contractor to take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
46.1.1 AII employees on the Project and other persons who may be affected
thereby;
46.1.2 All the Work and all materials or equipment to be incorporated therein,
whether in storage on or offthe Project site; and
46.1.3 Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction.
46.2 Developer shall use reasonable efforts to cause Contractor to (a) comply with all
applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction
for the safety ofpersons or property or to protect them from damage, injury or loss; and (b) erect
and maintain all necessary safeguards for such safety and protection. Developer shall notify
owners of adjacent property and utilities when prosecution of the Work may affect them. All
damage, injury or loss to any property refened to in Sections 46.1 .2 and 46.1.3 above, caused
directly or indirectly, in whole or in part, by Developer or Contractor, any subcontractor or
consultant or anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, shall be remedied by the responsible party; however, Developer
and./or Contractor shall not be liable for injury or damage caused by City, its employees,
consultants or its separate Contractors. Developer's and Contractor's duties and responsibilities
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for the safety and protection of the Project shall continue until such time as all the Project is
completed and the Contract Administrator has issued a notice to Developer that the Project is
acceptable except as otherwise provided in Article 28.
46.3 Contractor shall designate a responsible member of its organization at the Project
site whose duty shall be the prevention of accidents. This person shall be Contractor's project
representative unless otherwise designated in writing by Developer to City.
ARTICLE 47
PAYMENT OF TESTS BY DEVELOPER
Except when otherwise specified in the Contract Documents or this Agreement, the
expense of all tests and test reports shall be bome by Developer..
ARTICLE 48
ITHIS ARTICLE LEFT INTENTIONALLY BLANK]
ARTICLE 49
CLEANING UP AND REMOVAL OF EQUIPMENT
49.1 Developer shall cause Contractor at all times keep the Project site free from
accumulation of waste materials or rubbish caused by Contractor's operations. At the completion
of the Project, Developer shall cause Contractor to remove all of its waste materials and rubbish
from and about the Project as well as its tools, construction equipment, machinery and surplus
materials. If Developer fails to cause Contractor to clean up at the completion of the Project,
City may do so; and the reasonable cost thereof shall be charged to Developer or Contractor.
49.2 In case of termination of this Agreement before completion for any cause
whatever, Developer, if notified to do so by City, shall cause Contractor to promptly remove any
part or all of Contractor's equipment and supplies from the property of City, failing which City
shall have the right to remove such equipment and supplies at the expense of Developer or
Contractor.
ARTICLE 50
[THIS ARTICLE LEFT INTENTIONALLY BLANK]
ARTICLE 51
BONDS AND INSURANCE
51.1 Developer shall cause Contractor to furnish upon the execution of the
construction contract with Contractor, a performance bond and payment bond of the form and
containing all the provisions set forth in this Section. Payment and performance bonds shall be
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in the form of dual obligee bonds from the Contractor in the amount of the Guaranteed
Maximum Price, naming the City and Developer as dual obligees.
51.2 The bonds shall be in the amount of one hundred percent (100%) of the Contract
Sum guaranteeing to City the completion and performance of the Project covered in this
Agreement as well as full payment of all suppliers,, material persons, Iaborers, or subcontractors
employed pursuant to this Project. Such bonds shall be with a surety company which is qualified
pursuant to Section 51.4.
51.3 Such bonds shall continue in effect for one year after completion and acceptance
of the Project with liability equal to one hundred percent (100%) of the Contract Sum, or an
additional bond shall be conditioned that Developer will, upon notification by City, correct any
defective or faulty Work or materials which appear within one year after completion of the
Work.
51.4 The surety company shall have at least the following minimum ratings in the
latest revision of Best's Insurance Report:
Amount of Bond Ratings
500,001 to 1,020,000 B+
1,020,001 to 2,000,000 B+
2,000,001 to 5,000,000 A
5,000,001 to 10,000,000 A
10,000,001 to 25,000,000 A
25,000,001 to 50,000,000 A
50,000,001 or more A
Cateeory
Class I
Class II
Class III
Class IV
Class V
Class VI
Class VIT
51.5 Indemnification Of Citv
51.5.1 The construction conuact between Developer and Contractor and the
architect's agreement between Developer and Consultant shall provide that Contractor or
Consultant (as applicable) shall indemnifu and save harmless City, its officers, agents and
employees, from or on account ofany injuries or damages, received or sustained by any person
or persons during or on account of any construction activities of Contractor or Consultant (as
applicable), or any of its subcontractors, subconsultants, agents, servants, or employees
connected with the Project; or by or in consequence of any negligence of Contractor or
Consultant (as applicable), or any of its subcontractors, subconsultants, agents, servants, or
employees (excluding negligence of City), in connection with the construction activities of
Contractor or Consultant (as applicable), or any of its subcontractors, subconsultants, agents,
servants, or employees connected with the Project; or by use of any improper materials or by or
on account of any act, eror or omission of Contractor or Consultant (as applicable) or any
subcontractor, subconsultants, agents, selvants or employees, except to the extent caused by
City. The construction contract between Developer and Contractor and the architect's agreement
between Developer and Consultant shall fuilher provide that Contractor or Consultant (as
applicable) shall indemnify and save harmless City (a) against any claims or liability arising
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from or based upon the violation of any federal, State, Corurty or City laws, bylaws, ordinances
or regulations by Contractor, its subcontractors, agents, seruants or employees (excluding
negligence ofCity); and (b) from all such claims and fees, and from any and all suits and actions
of every name and description that may be brought against City on account of any claims, fees,
royalties, or costs for any invention or patent, and from any and all suits and actions that may be
brought against City for the infringement of any and all patents or patent rights claimed by any
person, frrm, or corporation.
51.5.2 Developer shall indemnify, save harmless and defend City, its agents,
servants and employees, from and against any claim, demand or cause of action of whatever kind
or nature arising out of any negligent conduct or negligent misconduct of Developer and for
which City, its agents, servants or employees, are alleged to be liable.
51.5.3 The indemnification provided above shall obligate Contractor,
Consultant or Developer (as applicable) to defend at its o,*,n expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and
all claims of liability and all suits and actions of every name and description that may be brought
against City which may result from the operations and activities under this Agreement whether
the construction operations be performed by Developer, Contractor, Consultant, its
subcontractors, its subconsultants, or by anyone directly or indirectly employed by any of the
above.
51.6 Insurance. Developer shall as a Cost of the Work provide, or cause to be
provided, and maintain, or cause to be maintained,, in force at all times during the Project, such
insurance, including Workers' Compensation Insurance, Employer's Liability Insurance,
Comprehensive General Liability Insurance, and Professional Liability Insurance, as will assure
to City the protection contained in this Agreement. Such policy or policies shall be issued by
companies approved to do business in the state of Florida, and having agents upon whom service
of process may be made in the state of Florida. Developer shall specifically protect City by
naming City as an additional insured under the Comprehensive General Liability Insurance
Policy hereinafter described.
51.6.1 Professional Liability Insurance to be canied by Consultant with limits
of liability provided by such policy not less than One Million Dollars ($ 1,000,000.00) each claim
to assure City the indemnification specified in Section 51.5. Such policy may aariy a
commercially reasonable deductible, not to exceed Fifty Thousand Dollars ($50,000.00) for each
claim. The Certificate of Insurance for Professional Liability Insurance shall reference the
applicable deductible and the Project.
51.6.2 Workers' Compensation Insurance to apply for all employees in
compliance with the "W'orkers' Compensation Law" of the state of Florida and all applicable
federal laws. In addition, the policy(ies) must include: Employer's Liability with a limit of
$ 1,000,000.00 each accident.
51.6.3 Comprehensive General Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and
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Property Damage Liability. Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability Policy, without restrictive endorsements,
as filed by the Insurance Services Office and must include:
(i) Premises and,/or Operations;
(ii) Independent Contractors;
(ii, Products and/or Completed Operations;
(iv) The Developer shall cause Contractor to maintain in force
until at least three (3) years after Final Completion of the Project coverage for Products and
Completed Operations, including Broad Form Properly Damage;
(") Explosion, Collapse and Underground Coverages;
(vi) Broad Form Property Damage;
(vii) Broad Form Contractual Coverage applicable to this
specific Agreement, including any hold harmless and/or indemnification agreement;
(viii) Personal Injury Coverage with Employees and Contractual
Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury
Liability and Property Damage Liability; and
(ix) Notice of Caacellation and/or Restriction-The policy(ies)
must be endorsed to provide the City with thirty (30) days notice of cancellation and/or
restriction.
51.6.4 Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occrurence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive than the
latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as
filed by the Insurance Services Office and must include:
(i) Owned vehicles; and
(ii) Non-owned and hired vehicles.
51.6.5 Notice of Cancellation, Expiration and/or Restriction: The policy(ies)
must be endorsed to provide the City with thirty (30) days notice of cancellation, expiration
and/or restriction, to the attention of the Risk Manager, 1700 Convention Center Drive, Miami
Beach, Florida 33139.
51.6.6 Developer shall furnish to the Contract Administrator Certificate(s) of
Insurance evidencing the insurance coverages required herein within ten (10) days after
execution of the construction contract. Such certificate(s) shall reference this Agreement. City
reserves the right to require a certified copy of such policies upon request. AII certihcates shall
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state that City shall be given thirty (30) days' prior written notice of cancellation and/or
expiration.
51.6.7 Developer shall provide to City a Certificate of Insurance or a copy of
all insurance policies required under this Article. The City's Risk Manager reserves the right to
require certified copies if requested. Endorsements and certifications shall state City is to be
given thirty (30) days' written notice prior to expiration or cancellation ofthe policy.
ARTICLE 52
MTSCELLANEOUS
52.1 Art in Public Places (AIPP). Pursuant to Chapter 82 of the Miami Beach City
Code, the City has determined that an AIPP contribution does not apply to the proposed Project
because the Improvements are defined as streetscape beautification projects, which include, but
are not limited to, one or all of the following elements: resurfacing, new curbs, gutters, pavers,
sidewalks, landscaping, lighting, bus shelters, bus benches, street fumiture and signage.
52.2 Public Benefits. The public will benefit in several ways from the proposed
Project: (a) by removing delivery vehicles at the end of Euclid Avenue just south of Lincoln
Road and establishing a delivery vehicle loading zone south of Lincoln Lane South that will
permit such vehicles to travel east or west through Lincoln Lane South instead of having to back
up and tum around to exit on Euclid Avenue; (b) by providing the Flamingo Park residents with
an entrance to Lincoln Road off Euclid Avenue; and (c) by creating more space for performances
at the Euclid Oval.
52.3 Easements. Developer shall cause Lincoln Center to grant to the City, upon
completion of the Project, a permanent easement substantially in the form which is attached
hereto and made a part hereof as Exhibit t'H", for the new electrical disconnect vault that is
being moved from City Property onto the Lincoln Center Parking Lot as part of the
Improvements.
52.4 Pedestrian Drop-OffAreas. A pedestrian drop-off area at the Project Site shall be
carefully designed in a manner to be reviewed and approved by City staff in accordance with the
requirements of the Department of Public Works (the "Department"). The Department has
already met with the Florida Department of Transportation and is completing studies requested
to finalize the drop-offplan.
52.5 Operation of Project upon Substantial Completion. City shall be solely
responsible for operating and maintaining the Project upon Substantial Completion.
52.6 Maintenance Proqram. Developer shall perform the following maintenance of the
Improvements: sweeping of the street that is part of the Project Site, trash removal within the
Project Site, and maintenance of the landscaping in the Project Site (but not replacement of the
landscaping). The balance of the maintenance shall be performed by the City. Developer and the
City shall enter into a Maintenance Agreement substantially in the form with is attached hereto
and made a part hereof as Exhibit "I".
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52.7 Royalties And Patents. All fees, royalties, and claims for any invention, or
pretended invention, or patent of any article, material, anangement, appliance or method that
may be used upon or in any manner be connected with the construction of this Project or
appurtenances, are hereby included in the prices stipulated in this Agreement for said Project.
52.8 Rights of Various Interests. Whenever Work being done by City's forces or by
other Contractors is contiguous to Work covered by this Agreement, the respective rights of the
various interests involved shall be established by the Contract Administrator to secure the
completion of the various portions of the Work in general harmony.
52.9 Assisnment. This Agreement shall not be assigned or subcontracted as a whole or
in part without the written consent of the City, nor shall Developer assign any monies due or to
become due to it hereunder, without the prior written consent of the Contract Administrator.
52.10 No Interest. Any monies not paid by City when claimed to be due to Developer
under this Agreement shall not be subject to interest. However, the provisions of City's prompt
payment ordinance, as such relates to timeliness of payment, and the provisions of Section
218.74(4), Florida Statutes, as such relates to the payment of interest, shall apply to valid and
proper invoices.
52.1 1 Ownership of Documents. Drawing, specifications, design, models, photographs,
computer AutoCAD disks, reports, surveys, and other data provided in connection with this
Agreement and for which City has rendered payment, are and shall, subjectto the terms of the
Contract Documents, become and remain the property of City whether the Project for which they
are made is executed or not. If this Agreement is terminated for any reason prior to completion
of the Work, City may, subject to the terms of the Contract Documents, in its discretion, use any
design and documents prepared hererurder for the purpose of completing the Project, provided
that City has paid for same; and provided further that if such termination occurs prior to
completion of documents andl/or through no fault of Developer; Developer and Consultant shall
have no liability for such use; and provided further that any reuse without the written verification
or adaptation of Consultant for the specific purpose intended will be without liability or legal
exposure to Consultant or Developer. At the completion of the Project, as part of the Project
closeout, copies of all drawings on AutoCAD disks shall be transmitted from Developer to the
Contract Administrator within seven (7) days of termination of this Agreement in addition to the
record drawing. The provisions of this clause shall swvive the completion of this Agreement
and shall thereafter remain in full force and effect. Any compensation due to Developer shall be
withheld until all documents are received as provided herein. Notwithstanding the foregoing, the
City retains ownership of any and all documents provided to the Developer and has full use
thereof without any further payment.
52.12 Records. Developer shall keep such records and accounts and require Contractor
and Consultant to keep records and accounts as may be necessary in order to record complete
and correct entries as to personnel hours charged to this engagement. Such books and records
will be available at all reasonable times for examination and audit by City and shall be kept for a
period of three (3) years after the completion of the Project pursuant to this Agreement.
Incomplete or incorrect entries in such books and records will be grounds for disallowance by
City ofany fees or expenses based upon such entries.
MIAMI 4065935.680574t43097
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576
52.13 Nondiscrimination. Equal Emplovment Opportunity. And Americans With
Disabilities Act. Developer shail not unlawfully discriminate against any person in its operations
and activities in its use or expenditure of the funds or any portion of the funds provided by this
Agreement and shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act in the course of providing any services funded in whole or in part by City,
including Titles I and 1 I of the (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards.
Developer's decisions regarding the delivery of services under this Agreement shall be
made without regard to or consideration of race, age, religion, color, gender, sexual orientation,
national origin, marital status, physical or mental disability, political affiliation, or any other
factor which cannot be lawfully or appropriately used as a basis for service delivery.
Developer shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not discriminate
against any employee or applicant for employment because ofrace, age, religion, color, gender,
sexual orientation, national origin, marital status, political affiliation, or physical or mental
disability. In addition, Developer shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay, other forms of compensation, terms and conditions of
employment, training (including apprenticeship), and accessibility.
Developer shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color,, gender, sexual orientation,
national origin, marital status, political affiliation, or physical or mental disability during
employment. Such actions shall include, but not be limited to, the following: employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay, other forms of compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
Developer shall not engage in or commit any discriminatory practice in violation of the
City's Human Rights Act in performing the Scope of Services or any part of the Scope of
Services of this Agreement.
52.14 No Contingent Fee. Developer warants that it has not employed or retained any
company or person, other than a bona fide employee Working solely for Developer to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee Working solely for Developer,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of this provision, City shall
have the right to terminate the Agreement without liability at its discretion, to deduct from the
Contract Sum, or otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
52.15 A11 Prior Agreements Superseded: Amendments. The Contract Documents
incorporate and include all prior negotiations, correspondence, conversations, agreements or
MIAMI 4065935.680574t43097
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577
understandings applicable to the matters contained herein, and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this Agreement
that are not contained in the Contract Documents. Accordingly it is agreed that no deviation from
the terms hereofshall be predicated upon any prior representations or agreements whether oral or
written.
It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
52.16 Notices. Whenever either party desires to give notice unto the other, it must be
given by written notice, (a) sent by certified United States mail, with return receipt requested, (b)
by personal delivery with a signed receipt, (c) by recognized national overnight courier service
or (d) by facsimile, in any case, addressed to the party for whom it is intended, at the place last
specified; and the place for giving ofnotice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. Notices given by an attomey
for the City or Developer shall be deemed effective notices. For the present, the parties designate
the following as the respective places for giving of notice, to wit:
FOR CITY:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
Fax: (305) 673-7782
With a copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
Fax: (305) 673-7002
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Eric Carpenter, Public Works Director
Fax: (305) 673-7028
FOR DEVELOPER:
Jameck Development, Inc.
1300 Collins Avenue
Suite 100
Miami Beach, FL 33139
MIAMI 4065935_ 6 80574t43097
48
578
Attn: Melvyn Schlesser
Fax: (305) 531-4173
With a copy to:
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida 33131
Attn: Adam D. Lustig, Esq.
Fax: (305) 351-2235
52.17 Truth-In-Nesotiation Certificate. Signature of this Agreement by Developer shall
act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual
unit costs supporting the compensation of this Agreement are accurate, complete, and current at
the time of Contracting. The original Contract Sum and any additions thereto shall be adjusted to
exclude any significant sums by which City determines the Contract Sum was increased due to
inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such
adjustrnents shall be made within one (1) year following the end of this Agreement.
52.18 Interpretation. The parties hereto acknowledge and agree that the language used
in this Agreement expresses their mutual intent, and no rule of strict construction shall apply to
either pany hereto. The headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement shall include the other gender, and the singular shall include the
plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof,"
"hereunder," and "hereinafter" refer to this Agreement as a whole and not to the particular
sentence, paragraph or section where they appear, unless the context requires otherwise.
Whenever reference is made to a Section or Article of this Agreement, such reference is to the
Section or Article as a whole, including all ofthe subsections and subparagraphs ofsuch Section
or Article, unless the reference is expressly made to a particular subsection or subparagraph of
such Section or Article.
52.19 Recycled Content. In support of the Florida Waste Management Law, Developer
is encouraged to supply any information available regarding recycled material content in the
products provided. City is particularly interested in the type of recycled material used (such as
paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the
product. City also requests information regarding any known or potential material content in the
product that may be extracted and recycled after the product has served its intended purpose.
52.20 Public Entity Crimes Act. In accordance with the Public Entity Crimes Act,
Section 287.133, Florida Statutes, a person or affiliate who is a Contractor, consultant or other
provider, who has been placed on the convicted vendor list following a conviction for a Public
Entity Crime, may not submit a bid on a contract to provide any goods or services to the City,
may not submit a bid on a contract with the City for the construction or repair of a public
building or public Work, may not submit bids on leases of real property to the City, may not be
awarded or perform Work as a Contractor supplier, subcontractor or consultant under a contract
with the City and may not transact any business with the City in excess of the threshold amount
MIAMI 4065935.680574/43097
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579
provided in Section 287.01'1 , Florida Statutes, for category two purchases for a period of 36
months from the date of being placed on the convicted vendor list. Violation of this section shall
result in cancellation of the City purchase and may result in debarment.
52.21 Waiver of Trial by Jurv. BY ENTERING INTO THIS AGREEMENT,
DEVELOPER AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TzuAL BY JURY OF ANY CIVI LITIGATION RELATED TO, OR AzuSING
OUT OF THE PROJECT. DEVELOPER SHALL SPECIFICALLY BIND CONTRACTOR
AND CONSULTANT AND REQUIRE THAT CONTRACTOR AND CONSULTANT BIND
ANY AND ALL OTHER SUBCONTRACTORS ANDiOR SUBCONSULTANTS TO THIS
PROVISION OF THIS AGREEMENT.
52.22 Aoorovals. Whenever any matter set forth herein is made subject to the approval
of the City or the Contract Administrator, the approval shall be expressed in writing and the City
or the Contract Administrator (as applicable) shall not be unreasonably wittrhold, delay or
condition any such approval, and the failure to grant or withhold any such approval within ten
(10) business days after receipt of written notice requesting the same (or such other time period
as may be expressly provided in this Agreement), shall be deemed approval of such matter if so
stated in said notice.
52.23 Time. Time shall be of the essence for the performance of all obligations of
Developer, the City and Contract Administrator under this Agreement. Whenever this
Agreement provides for or contemplates a period of time for performance of any obligation, such
time period shall be calculated using calendar days, except when such time period is expressly
stated to be calculated in business days. Any date in this Agreement which falls upon a
Saturday, Sunday or legal holiday (defined as any weekday upon which banks in Miami, Florida
are not open for business) shall be deemed to be extended to the next business day. The term
"business day" as used in this Agreement means any day that is not a Saturday, Sunday, or legal
holiday.
52.24 Rdcordins of Develooment Agreement. Within fourteen (14) days after the City
executes tlis Agreement, the City shall record this Agreement with the Clerk of the Circuit Court
of MiamiDade County. Developer shall submit a copy of the recorded Development Agreement
to the State of Florida's Land Planning Agency within fourteen (14) days after this Agreement is
recorded. This Agreement shall become effective only after (a) it has been recorded in the
Public Records of Miami-Dade County, and (b) thiffy (30) days have elapsed after the State of
Florida Land Planning Agency's receipt of a copy of the recorded Agreement. The City agrees
that it shall be responsible for all recording fees and other related fees and costs related to the
recording and delivery of this Agreement as described in this Section. The provisions hereof
shall remain in full force and affect during the term hereto, and subiect to the conditions ofthis
Agreement shall be binding upon the undersigned,, and all successors in interest to the parties to
this Agreement. Whenever an extension of any deadline is permitted or provided for under the
terms of this Agreement, at the request of either parfy, the other party shall join in a short-form
recordable Memorandum of Agreement confirming such extension to be recorded in the Public
Records of Miami-Dade County.
MIAMI 406593 5.6 80574/43097
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580
52.25 Duration of this Development Aereement. The duration of this Agreement shall
not exceed ten (10) years from the date first written above; provided, however, that the duration
of this Agreement may be extended by mutual agreement of the City and Developer. During the
term of this Agreement, the City's laws and policies goveming the development of land in effect
as of the date hereof shall govern development of the Project. The City may apply subsequently
adopted laws and policies to the Project only if the City has held a public hearing pursuant to
Section 163.3225, Florida Statutes, and determined:
52.25.1 they are not in conflict with the laws and policies goveming this
Agreement and do not prevent development of the land uses, intensities, or densities in this
Agreement; or
52.25.2 they are essential to the public health, safety, or welfare, and expressly
state that they shall apply to a development that is subject to a development agreement; or
52.25.3 they are specifically anticipated and provided for in this Agreement; or
52.25.4 the City demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of this Agreement; or
52.25.5 this Agreement is based on substantially inaccurate information
supplied by Developer.
IREMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
MIAMr 4065935. 6 8057 4t 43097
51
581
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first above written.
WITNESSES:CITY:
CITY OF MIAMI BEACH, FLORIDA,
a municipal corporation of the State of
Florida
By:
Sign Name: Philip Levine
Title: Mayor
Print Name
Sign
Print Name
ATTEST:
Name: Rafael E. Granado
Title: City Clerk
STATE OF FLORIDA
)s s:
couNTY oF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
,2014, by Philip Levine, as Mayor, and Rafael E. Granado, as City Clerk, of the
City OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf
of such municipal corporation. They are personally known to me or produced valid Florida
driver's Iicenses as identification.
Notary Public, State of Florida
My commission expires:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
By:
MIAMr 4065935, 6 8057 4t 43097
M)ru,- Ettltv
*r-L- cW Atto"*Y Jhl-f Dote
582
DEVELOPER:
JAMECK DEVELOPMENT, INC., a
Florida corporation
Sign By:
Name: Melvyn Schlesser
Title: President
Print Name
Sign
Print Name
STATE OF FLOzuDA )
)ss:
couNTY oF MrAMr-DADE )
The foregoing instrument was acknowledged before me this day of ,
2014,by Melvyn Schlesser, as President of Jameck Development,krc., a Florida corporation, on
behalf of such corporation. He is personally known to me or produced valid Florida driver's
licenses as identification.
Notary Public, State of Florida
My commission expires:
MIAMI 4065935. 6 8057 4/ 43097
583
EXHIBIT ?'AII
LEGAL DESCRIPTION OF'PROJECT SITE
MIAMI 4055935. 5 80s7 4/ 43097
584
+
==E--F
20
SKECTH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN LANE
SOUTH RIGHT OF WAY LINE OF
LTNCOLN ROAD (P.8. 6 . PG' 33)
LINCOLN ROAD
LEGEND:
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
PC = POINT OF CURVATURE
PT = POINT ON TANGENCY
O.R.B. = OFFICIAL RECORDS BOOK
PG, = PAGE
it
PC
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. d-- :l' 'l
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R=15.00'
Ton= I 5.00'
D=90'00'00"
R=l5.00'
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NORTH RIGHT OF WAY
IINE OF LINCOLN LANE
(P.8. 6 . PG. 33)
LINCOLN LANE
LOT 6
BLOCK 5OA
TINCOLN SUBDIVISION
OF "THE ALTON BEACH
REALTY COMPANY'
(P.8.9, PG. 69)
L@}'SI,IYP-E
59OO NW 79TH AVENUE, SUITE 6OI
DORAL, FL. 55166
PH0NE:(505)465-0912 FAX:(505)515-5680
WWW, LONGITUDESURVEYORS. COM
JOB NO.: 13314
PAGE I OT 2
L:\13314 Eu.d avq r,om Ln.li Li ro Li.con Fd. voii Beoch ar\d"q\skelcf rnd Legors\iJtr4 st 06-c3-ra.drq 6/3//2014 4 20:ir Fv i0-
NOTICE: Not full and complete without all two (2) pages.
585
SKECTH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN LANE1 f-rl\u
f-] lp1-;I LffiIIJ tjj;, lllcEL tllmffil ffiH
qtrEeEEryHt
tHtr#Hr-lffi.Effitt _____r--J 'J- <_ -_a
EHflI]NTI LT L L-IL/trBzl-l:i
--rr--r ETnffiHH
rr---rrr dEjI
Tffi EE
ffiEE
LEG4!_Q!!g_B!!!Ql!
A porlion of Euclid Avenue Righl-of-Woy os shown on the ploi of 'SECOND COMMERCIAL SUBDIDIVISION OF THE ALTON BEACH REATTY COMPANY . occording to the ploi
tinereof, os recorded in Plol Eook 6, ot Poge 33, ond the plot of "LINCOtN SUBDIVISION", occording to lhe plol trhereof, os recorded In Ploi Book 9, ot Poge 69, both
recorded in the Public Records of Miomi-Dode County, Florido; bounded on the Nodh by the extension of the South Righl of woy Line of Llncoln Rood; bounded on lhe
Soulh by lhe exiension of the North Right ol Woy Line ol Lincoln Lonei bounded on the Eost by the Eost Riehf ol Woy Line of Euclid Avenue ond bounded on the West bv
the West Righi of woy Line of Euclid AyenLre.
Soid porcel ot lond lying ond being in the Cily of Mrorni Beoch, MiomFDode Couniy, Florido ond conioi.ing I0,578 Squore Feel, r.ore or less. by colcu olions.
PEBTINENT INFORN4ATION USED FOR SURVEY:
The Legol Description of fhe SLrblecl Porcelwos ge.eroted frorn ihe following record documenhi
I , Leose Agreemenl of lhe Stote of tlondo, Boord of Trusiees of the lnternol lmprovement Fuid, recorded l. Oft ciol Records Book I I 793. ot Poge 339, Mimoi-Docle
Co,Jnty Recoros.
2. Leose Agreemenl of lhe Slote of Florido, Boord of Trusiees of lhe lniernol lrnprovemeni Fund, recorded in Ofil'clol Recqrds Book I I793, ol Poge 334, Mirnot-Dode
Counly Records.
Beonngs os shown hereon ore bosed upon lhe Wesi Line of ihe NW I /4 of Sectjon 22, Township 52 Sollth, Ronge 42 Eos'i, Miomi-dode County, Florido, wiih o n ossumed
beoring of S03'00'04"E.
EASEII4ENTS AND ENCUMERANCES:
No inforrnotion wos provided os lo the exisience of ony eo5emenis oiher thoi whot oppeors on ihe LJnderying Plql of record. Pleose refer lo lhe Limitoiions ilem wiJh
respeci to possible rertrctions of record ond uiility servjces.
R!qIE!qI!Q!S:
Since no other iniormolion were iurnished olher thon whql is ciled in the Sources ol Dolo, ihe CIlent is hereby odvised ihot lhgre moy be legol restrictions on lhe subject
propeiry thot ore nol shown on this Skelch or contoined wilhin lhis reporl thot moy be found in the Public Records of Miomi-Dode Counly, Florido or ony olher public ond
pdvole enlities os their jurisdictions moy oppeor.
Thit document does .oi represeni o field boLrndory survey of lhe descdbed property, or ony porl or porcel lhereof.
SURVEYOR'S CERTIFICATEI
Iherebycertify: Thqt this "Sketch lo Accompony Lego Description ond the Survey Mop resuliing iheref rom wos perf ormed under my direction o nd is tnJe o nd corect to
the best of my knowLedge ond belief ond fudher. thoi soid Skeich lo Accompqny Legol Descripfon meets ihe intent of lhe opplicoble provisions of tne 'Mirirnum
Choplet a/2.C21 al l^e Flofldo SrotLles.
LONGITUDE SURyEYORS LLC., o Florido ti.niied Liobility Compony
Florido Certificote of Authorizollon N!mber 187335
L@|r,q!,IYPS 8y:
39OO NW 7gTH AVENUE, SUITE 60I
DORAL, FL. 35I66
PHONE:(505)465-0912 FAX:(505)Sl5-5680
WWW. LONG ITUDESURVEYORS, COM
Jose Sdrat PS[t
Regisiered Surveyor ond Mopoer I-S5938
Slote of Florido
NOTICET Not vqlid wilhout the signqture ond originol roised seol ol o Florido Licensed
Surveyor ond Mopper. Addilions or deletions to Survey Mops by other thon lhe signing pody ore
prohiblied wiihout the written consent of ihe slgning porty. JOB NO.: ]3314
NOTICET Notfulland complete wilhout alltwo (2)pages. PAGE I Ot 2
L\13314tu.d {i.mr F.d.h,.r\d"9\sr.rch.m Lee.s\1rrr4 sL c5 0l r!rlq ril.}/zor. 4ro r PUELr
586
EXHIBIT ''B''
LEGAL DESCRIPTION OF LINCOLN CENTER PARKING LOT
Lots 7 and 8 in Block SL-A, LINCOLN SUBDMSION, according to the Plat thereof, as
recorded in Plat Book 9, at Page 69, of the Public Records of Miami-Dade County, Florida.
Folio No. 02-3234002-0540
MIAMI 406593 5. 6 8057 4/ 43097
587
EXHIBIT ''C''
CONCEPTUAL PLAN
MIAMI 4065935. 6 8057 4/ 43097
588
i:.I iE t_:Tll riI LOCATION T4AP hI.1_;I FXISTTNG CONTFXT IMAGFEXIS NG SITE PLAN INl-r#lI^d] EXISTING CONTEXT IN4AGE[A'TXISTING CONT|XT IIVIAGf IA-ItXISIING CONTIXT IN1AGE-- l--589
,t;!!:l:sFi6b;92-r.-5aE6E:;!zEZtI!l,BiE*Echet65e11 Ecxr Ee5:*,6aIlLt,(\r\!i,t-.rs:Hlllll(,J2-+z3EIE07_6,!:EIFt:IE:i-6a2E;+-iq!1:i*ffitrrI--Tr+:-)-l_l3;tnl:3lrEt1.1 --590
PI;e!2dFEE69EEEI3EdllE3EeIB3i96*IIif..iiIIIIIiltirl:83 5333I iet \9-EtE591
6APLANTER DFTAILl;-]PLANTER ELEVATION6iSITE SECTION592
i{,t . ^,ilr*7(..\\r{-'t-/ l*5593
594
595
EXHIBIT *D"
CONSTRUCTION SCIIEDULE
(to be provided by Developer, once the GMP contract is executed with Contractor)
MIAMI 4065935.6 805'7 4t43097
596
EXHIBIT ''E''
DEVELOPMENT APPROVALS
Certifi cate of Completion
Demolition Permit
Department of Environmental Protection Permit (if required)
Department of Environmental Resource Management Permit
FDOT Permit
Building permits for:
Electrical
Plumbing
Miami-Dade County Public Works Department Permit (if required)
Public Works Permit, Paving and Drainage
Public Works Permit, Water and Sewer
Such other permits as may be required by Federal, State and local law
Historic Preservation Board Certificate of Appropriateness
MTAMI 4065935. 6 8057 4/ 43097
597
EXHIBIT "f,'"
ESTIMATED BUDGET
MIAMI 4065935.6 8057 4/43097
598
PREL!MINARY BUDGET SUMMARY
Cost of Construction *
De molitio n
Landscape and lrrigation
Site work
Temporary Fencing and Protection
Dumpsters and Cleaning
E lectrica I
E lectrica I Fixtu res
General Requirements / ContinBency
40,000.00
85,000.00
210,000.00
r.0,000.00
12,000.00
80,000.00
40,000.00
25,000.00
Budget Price 502,000.00
* Note: The Cost of Construction includes profit and overhead to general constructor.
Soft Costs
Architectural drawings and engineering
Permit Costs
Miscella neous Soft Costs
Construction Consultant / Manager Fees
Utilities
Administration
55,000.00
10,000.00
9,000.00
30,000.00
3,500.00
8,500.00
Total Soft Costs
Total Project Cost
116,000.00
618,000.00
599
EXHIBIT ''G''
DOCUMENTS PROVIDED BY THE CITY TO DEVELOPER
1. Water, sewer and stormwater utility drawings for Euclid Avenue between Lincoln Road
and North Lincoln Lane.
2. Memoranda to Finance and Cityvdde Projects Committee meetings and Commission
meetings.
3. Sonar study of all existing underground facilities, equipment and utilities within the
Project Site.
MIAMI 406593 5. 6 8057 4t 43097
600
EXHIBIT "H"
EASEMENT FROM LINCOLN CENTER TO CITY
MIAMI 4065935. 6 8057 4t 43097
601
Prepared by and atter recording rctum to:
Cisela Nanson Torres, Esq.
Otfice of thc City Attomey
Ciry of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33 139
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made as of the day of
2014, by and arnong CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation of the State of Florida (the "City"), and LINCOLN CENTER ASSOCIATES, LLC, a
Florida limited liability company ("Lincoln"). The City and Lincoln are each, a "Party", and
collectively, the "Parties".
RECITALS:
A. The City owns those certain right of ways along a pofiion of Euclid Avenue,
between Lincoln Road and Lincoln Lane South, along with a portion of the adjacent right of
ways, all lying in Miami Beach, Florida (the "City Propefiy"), more pafiicularly described in the
attached Exhibit "A-1 ".
B. Lincoln is the owner of certain land located adjacent to Lincoln Lane South and
Euclid Avenue, on which a parking lot is located, rlore particularly described in the attached
Exhibit tt4-!il (the "Lincoln Center Parking Lot").
C. At the request of developer, Jameck Development, Inc. ("Jameck"),The Historic
Preservation Review Board of the City, pursuant to an Order dated October 8, 2013, under DRB
File No. 7385 (the "HPB Order") approved street scape improvements in the City's Property,
including but not limited to, the removal of the disconnect vault and landscape, installation of
new hardscape, landscape and street lighting and the closure of the portion ofEuclid Avenue to
vehicular traffic, from Lincoln Road to the north part of Lincoln Lane South, as part of an
extension of the pedestrian mall, and creation of a new pedestrian drop-off area, subject to
approval by the City's Public Works Department (collectively, the "Euclid Project
Improvements"). Part of these Euclid Project Improvements involves the removal of the
electrical disconnect vault ("City Electrical Disconnect Vault"), located within the City Property,
and relocating the City Electrical Disconnect Vault to the Lincoln Center Parking Lot, in
functioning order.
D. The City and Jameck, an affiliate of Lincoln (Jameck and Lincoln are under
common control), have entered into a Development Agreement simultaneously herewith
providing for Jameck to design and construct the Euclid Project Improvements.
MIAMI 1275569.5 77 t3176901
602
E. As part of the
Improvements, pursuant to
grant the City a permanent
Electrical Disconnect Vault.
scope for the work related to the construction of the Euclid Project
the Development Agreement, Jameck agreed to cause Lincoln to
easement in connection with the future maintenance of the City
NOW, THEREFORE, in consideration of the premises and the covenants contained
herein, the Parties hereto agree as follows:
1. Recitals. The above and foregoing recitals are true and co incorporated
herein by reference thereto.
2. Grant of Easernents. Lincoln hereby grants to the
revocable maintenance easement, including the right of entry and repalr,
replace and/or relocate (City Maintenance Easement), as needed, the City Disconnect
the locationVault, within the electrical vault building in the Lincoln
shown in the attached Exhibit "B".
)-Maintenance. In its contin of the Citv
Electrical Disconnect Vault, City shall use reasonable
damage to, or any material interference wi
(a) In making use
(i) To the
coordinate its repair, maintenan rep
Use reasonable commercial efforts to minimize interference with
the use of the Lincoln Lot;
the performance of any work in connection with the City
required, at City's sole expense,, the portion of the Lincoln
by such work, to substantially the same condition of
before the performance of such work, responsible even after
(v) At all times, keep the Lincoln Center Parking Lot free from
obstruction of any kind or nature whatsoever, except as may be required from time to time to
effect the maintenance, repair, replacement andior relocation of the City Electrical Disconnect
Vault.
4. Nature of Easement. The burdens and benefits of the easements created herein
shall run with the land and sha1l inure to the benefit of, and be binding upon the Parlies and
their respective successors and/or assigrs, and all persons claiming under them. Any transferee
non-
MIAMr I 275569.5 71 13726901
603
of a Party and/or Parties, or its/their successors or assigrs, as the case may be, shall be bound by
all terms and conditions of this Agreement. For purposes of a transfer and/or assignment of this
Agreement, a Party and/or Parties shall only be permitted to assign a Pafty's and/or Parties'
rights hereunder to (and a Party and/or Parties' successors shall only include) successor owner(s)
or mortgage lenders of Lincoln Center Parking Lot and/or association(s) designated with the
responsibility of maintenance of the common areas in connection with the development or
operation of the Lincoln Center Parking Lot.
5.Govemins Law. This Agreement shall be governed by construed in
accordance with the laws of the State of Florida, both substantive and rem ithout regard
Agreement shall be Miami-Dade County, Florida, if in State court,
Southern District of Florida, if in federal court. BY ENTERING
CITY AND DEVELOPER PARTIES EXPRESSLY WAIVE ANY EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF
TO, OR ARISING OUT OF, THIS AGREEMENT.
LITIGA
l'..]
RELATED
thereafter in perpetuity, unless this
by the written consent of the Parties.
ed, amended, canceled or terminated
Lincoln Notwithstanding anlhing
contained in this Agre-eriiEnt to the contrary, the granting of this Maintenance Easernent to the
City shall not prevent 6i,,'.Brec1Urde Lincoln from developing or redeveloping the Lincoln Center
Parking Lot, so long asB€ity electrical Disconnect Vault remains in the electrical vault
building or any other portion
,l.he
Lincoln Center Parking Lot.
9. "'' ' Remedies dnd Enforcement: Self-Help. In the event of a breach by either Party
of any of the terms, covenants, restrictions or conditions hereof, the other Party shall provide
wntten qotice qf such breach to the defaulting Party. Ifthe defaulting Party fails to cure such
witliin thirty (30) calendar days following rvritten notice thereof by the non-defaulting
Party: (unlesS,,such breach creates an emergency requiring immediate action, in which case
either Party m'qiy take action to cofirect the problem after such reasonable notice to the other
Party as possible under the circumstances, or with respect to any such breach the nature
of which t reasonably be cured within such thirty (30)-day calendar period, the defaulting
Party commences such cure within such thirty (30)-day calendar period and thereafter
diligently and continuously prosecutes such cure to completion), the non-defaulting Party shall
have the right to pursue any one or more of the following remedies: (a) perform such
obligation contained in this Agreement on behalf of such defaulting Pafty and be reimbursed
by such defaulting Party upon demand for the reasonable costs thereof; (b) fulI and adequate
relief by injunction and/or all such other available legal and equitable remedies from the
consequences ofsuch breach, including payment ofany amounts due; (c) specific performance;
out of this
ict Court,
MrAMI 1 275569.5 11 13126901
604
and/or (d) record a lien against the Lincoln Center Parking Lot . Notwithstanding anything
contained herein to the contrary, no breach hereunder shall entitle any Party to cancei, rescind,
or otherwise terminate this Agreement.
10. No Waiver. No waiver of any default of any obligation by any Party hereto
shall be implied from any omission by the other Party to take any action with respect to such
default.
1 1. No Asency. Nothing in this Agreement shall be deemed or construed by either
Party or by any third person to create the relationship of principal and agent or of limited or
independent of and severable from the remainder of this Agreement. If any vision contained
land, such
holding shall not affect the validity or enforceability of the inder of ent. [n
the event the validity or enforceability of any provision o is held to be
dependent upon the existence of a specific legal description]lllhg:fafties agree to promptly
cause such legal description to be prepared.
qept in thg:, evqnt , of any emergency requiring
e is hereiniprescribed for the taking of any action
r responSible for, and there shall be excluded from
13. Force Majeure Events.
immediate action, whenever a period of
by either Party, neither Parly shall
the computation of such period of ays due to strikes, riots, acts ofGod, shortages
of labor or materials, war, goyemmerit4l laws;,legulations or restrictions, or any other cause
whatsoever beyond the such P
14. N this Agreement nor City's limited rights to use of the
Lincoln Center Parking herein, shall be deemed a dedication, either express or
implied, of all
and assigns.
ln Center Parking Lot to City and/or its successors
]'
!. This Agreement contains the complete understanding and
as set tt
e of the
15,
agreement .of tl
tons,
hereto with respect to all matters referred to herein, and all prior
and understandings are superseded hereby.
The Parties agree that the provisions of this Agreement may be
ed, in whole or in part, or terminated, only by the written consent of the City
and Lin their respective successors and/or assigns, evidenced by a document that has
been fully eiecuted and acknowledged by the City and Lincoln, and or their respective
successors and/or assigns and recorded in the Official Records of Miami-Dade County,
Florida. The Parties agree that they sha1l not unreasonably withhold completion or delay their
written consent and approval of any amendment to this Agreement which is for the purpose of
complying with any applicable law or necessary for the development of the Lincoln Center
Parking Lot but only to the extent that such amendment to this Agreement does not adversely
affect, limit or modify the covenants and restrictions contained in this Agreement.
MrAMr 1275569. s 7713726901
605
17. Attomeys' Fees. In the event any Party institutes any legal action or proceeding
for the enforcement of any right or obligation herein contained, the prevailing Party after a
final adjudication shall be entitled to recover its costs and reasonable attorneys' fees incurred in
the preparation and prosecution ofsuch action or proceeding, at trial and at all appellate levels.
18. Notices. Whenever either party desires to give notice unto the other, it must be
given by written notice, (a) sent by certified United States mail, with retum receipt requested,
(b) by personal delivery with a signed receipt, (c) by recognized national overnight courier
service or (d) by facsimile, in any case, addressed to the party for whom it is, intended, at the
place last specified; and the place for giving ofnotice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this
by an attorney for the City or Lincoln shall be decmed effective n
parties designate the following as the respective places for giving of
FOR CITY:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
Fax: (305) 673-7782
With a copy to:
City of Miami
1700 Conv
Miami Beach, Flori
c/o Lincoln Center Associates, LLC
1300 Collins Avenue, Suite 100
Miami Beach, Florida 33139
Attn: Melvyn Schlesser
Fax: (305)
For
MIAMr 1275569.5 77 t3726901
606
With a copy to:
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue,23'd Floor
Miami, Florida 33131
Attn: Adam Lustig, Esq.
Fax: (305) 351-2235
19. Estoppel Certificates. Either Pafiy hereto, within ten (10) business days of its
receipt of a written request from the other Party shall from time to time provide the requesting
Owner with a written estoppel certificate duly executed stating:
=
,,:, , , ,,
(a) to the best of such Party's knowledge, whether thi &hqf f arty is in,default
or violation of this Agreement and setting forth with specificity the default or violation; and
(b) that this Agreement is in ful1 force',and _effqdil' and identifying any(b) that this Agreement is in full force',and effqcti'and'ridentifying any
amendments to the Agreement as of the date of such certificate.
20. Fufther Assurances. From time to tiine, atrithe ,iequest of either Party and
without further consideration, either Party shal.l execute"rrird deliygr any further instnrments and
take such other actions as the other Party may reasonably require to accomplish the purposes ol
this Agreement.
IREMAINDER OF PAGE LLY LEFT BLANK]
MIAMI r 275569.5 77 \3726901
607
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first set forth above.
WITNESSES:CITY:
CITY OF MIAMI BEACH, FLORIDA,
a municipal corporation of the State of Florida
By:
Sis,Name: Philip Levine
Title: Mayor
Print Name
Sigr
Print Name
ATTEST:
Name: Rafael Granado
Title: City Clerk
STATE OF FLORIDA )
)ss:
couNTY oF MrAMr-DADE )
The foregoing instrument was acknowledged before me this day of
,2007, by Philip Levine, as Mayor, and Rafael Granado, as City Clerk, of the City
OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida,, on behalf of
such municipal corporation. They are personally known to me or produced valid Florida driver's
licenses as identifi cation.
Notary Public, State of Florida
My commission expires:
By:
Mf AMr 1275569.5 771372690t
608
WITNESSES:LINCOLN CENTER ASSOCIATES, LLC,
a Florida limited liability company:
SiSi
Name: Melvln Schlesser
Title: Managing Member
Print Name
Sigr
Print Name
STATE OF FLORIDA )
)ss:
COLINTY OF MIAMI.DADE )
The foregoing instrument was acknowledged before me this duy oL,
2014, by Melv1,n Schlesser, the Managing Member of LINCOLN CENTER ASSOCIATES,
LLC, a Florida limited liability company. He is personally known to me or produced valid
Florida driver's licenses as identification.
Notary Public, State of Florida
My commission expires:
By:
MIAMI 1275569.5 77 13726901
609
EXHIBIT IIA-1''
LEGAL DESCRIPTION OF CITY PROPERTY
MrAMI 1275569. 5 7t t3726901
610
SKECTH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN LANE
ROAD
SOUTH RIGHI OF WAY LINE OF
LTNCOLN ROAD {P 8. 6 PG. 33)
LINCOLN
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LEGEND:
P.O.C- = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
PC = POINT OF CURVATURE
PT = POINT ON TANGENCY
O.R.B. = OFFICIAL RECORDS BOOK
PG. = PAGE
1 fR=15.00 LL
\ L=23 56' O i
I Ton=15.00' ZZ
.D=9O"OO'OO" O f!2s- \=
l^ L--l ( ).?) -cov_+ (') Lr) -'-r >, r.!o,.i ,, A; c.
VL O'<,,i
= -i (-\:! tu Y
kdi 6Y->o- -fi::'o
hq -z<coi.\SLuLF,i Y=.o-
:< t-r =t)
uj5 .)<\rU ,-. LLJ
u_'l -u)'
NORTH RIGHT OF WAY
IINE OF TINCOLN LANE
rPR ^ PG.33)-a ' -'-'
__---1 -Iololc't I-::: : I
-
tor /
BLOCK 5IA
LINCOLN SUEDIVISlON
OF 'THE ALTON BEACH
REATTY COMPANY
{P.8.9, PG. 69)
R=15.00'
Ton=l5.00'
D=90'00'00"
Ll_o;-72-<
L-l r\oao-Ln=>-
wq\o-<
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x€Sv:.o- ?,2- r')OE-7 1
Y,,,
rIi I
LINCOLN LANE
LOT 6
BtocK 50A
LINCOLN SUBDIVISION
OF ''tHE ALTON BEACH
REATTY COMPANY''
[P.8.9. PG. 6e)
JOB NO.i 13314
PAGE 'I OF 2
L \rJ3ra nucid Mrd6 6.och, rL\d,q\s<stch ond L.qors\]JJi4 sL o6-03-ra.d,q 6/J/2014 r 2oril or arl
NOTICE: Not full and complete without alltwo (2) paoes.
Lgt|IqI,IYP-E
59OO NW 79TH AVENUE, SUITE 6OI
DORAL, FL. 55I66
PHONE:(305)465-0912 FAX:(505)515-5680
WWW. LONG ITUDESURVEYORS. COM
611
SKECTH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN LANE
w,ytr1 1" ,,/ |v'ile
1 il!HPl tsEhil t+J
r----rr--'r -Tr"l@HH
hffi EE
ffiEE
EHTITr-T_l ! LI]Ul [ ]l -l ifl[]?l I /
L-rC
H IH /I I Ll I Itrffir-E rrlI L__tsL-l
t_ ,-l s4l+t----.Jffitililllll
I EGAI DESCqIP IION,
A portion of Euclid Avenue Right-of-woy os shown o'1 ihe plol of "sECoND coMMERctAL suBDlDtvtstoN oF THE ALToN BEAcH REALTY coMpANy,., occording to the ptol
lrhereof, os recorded in P oi Book 6, ot Poge 33, o.d the ploi of "LINCOLN SUBD V SION", occording io the plol khereof, os recorded in plot Book 9, ot poge 69, bothrecorded in ihe Public Records of Mid.n'Dode County, Florido; bounded on ihe Norih by the exlension of the South Right of wcy Line of Lincoln Rood; b;unded on ihe
Soulh by lhe extenslon of the Norih Right of Woy Line of Lincol. Lonej bounded on the Eost bythe Eost Right of Woy Line oi Er,]clid Avenue ond tlounded on lhe West byine Wesi Right of Woy Line oi ELJclid Avenue.
Soid porcel of lond lying ond being in the Cily of Miomi Beoch, Miomi-Dode Counly, Florido ond conioining 10,578 sqLrore Feet, rrore or less, by colcuiolions.
PEFTINENT INFORMATION USEO FOB SURVEY:
The Legol Descrjptl'on of ihe Subjecl Porcel wos generoied from ihe following record documents:
1. Leose Agreernent of the Stote of tlcrido, Eoord of Tr!slees oi the lnternol lrxproverrent Fund, recorded ln Otficiol Records gook I I /93, oi poge 339, Mimot-Dode
Counly Records.
2. Leose Agreement ol ihe Stote of Florido, Boord ol Trustees of the lnternol lmprovement Fu.d, recorded in Olficjol Records Book I 1793, ct poge 334, Mimoi-Dode
County Records.
Beonngs os shown hereon ore bosed upon ihe Wes, Li.e of the NW , /4 ol Seciion 22, Township 52 South, Ro.ge 42 Eost, Mjitn i dode Counly, Floddo, wiih on ossumedbeoring of S03'00'04'E.
EASEMENTS AND ENCUMBBANCESI
No informolion wos provided os lo lhe exr5tence ol ony eoseme.ts olher ihol whot oppeors on the underiying plol ol record- pleose refer to lhe Limitotions item wilh
respecl to possible resirictions of record ond utilily 5ervices.
BE.gJBEIQI.IS:
Since no other informol on were fumished other thon whol is cited in the 5o!rces oi Dqto, lhe Clienl is hereby odvhed thot there rnoy be legol resl.icuons on ihe subjecJproperiy thot ore not shown on this Skelch or contoined wiihin this report lhot..oy be found in the Public Records of Miomt-Dode Couniy, Florido or ony other pubtic ondprvqle e.tiiies os iheir iurisd,ciions moy oppeor.
This document does noi repretenl o field boundory sLrrvey of lhe described propedy, o. ony po.t or porcel thereof.
SURVEYOR'S CERTIFICATE:
I hereby certify: Thot lhis "Skelch lo Accornpony tegol Description, ond the Survey Mop reruliing iheref.om wos perlorrned under my direction ond is lrue ond correct tothe best oi rny knowledge q.d beliel o.d lurther, ihoi soid "Skeich to Accompony Legol Desciption" meets the inient of the oppllcoble provislons of tne ,,Minimum
Technicol Stondords for tond Surveying in lhe Slo te of t ondo", puEuont io Rule 5J- I7.051 lhrough 5J-l 7.052 oi th e Floridc Administrotive Code ond ils implemenilng low,
C" op-et 412.027 ol'he rloioo StotJ?es.
LONGITUDE SURVEYORS LIC-, o Floridc: Limiied Lrobitiiy Compony
Florido Ceriificole ol Auihodzotion NLJmber 187335
LE)}'SIIYPS By:
59OO NW 79TH AVENUE. SUITE 6OI
DORAL, FL. 35I66
PHONE:(J0s)465-0912 FAX:(505)5 l5-5680
WWW, LONG ITUDESURVEYORS, COM
Jos6 S6ras, PSM
Registered Surveyor oni Mopper 1S5938
Stole of Flondc
NOTICE: Not vo id wilhout lhe signoture ond origino roised seol ol o Florido Licensed
Surveyor ond Mopper. Addillons or Celetions lo Survey Mops by oiher lhon the signing po.1./ ore
prohibiled wjthoui the wrilien consent of the signing party. JOB NO.: I33.t4
NOTICE: Not full and complete wilhout all two (2) pages.PAGE ] OF 2
L:\\r3ri4 Erucid uirni Beoch. Fl\dwg\siarch o.c Le!or,\tl3t4 sL 06 0.t t4d*9 6/a/7c1. .:|a:t: aar
612
rA_2r
LEGAL DESCRIPTION OF LINCOLN CENTER PARIilNG LOT
Lots 7 and 8 in Block 51-A, LINCOLN SUBDMSION, according to the Plat thereof, as
recorded in Plat Book 9, at Page 69, of the Public Records of Miami-Dade County, Florida.
Folio No. 02-3234002-0540
MIAMI 1275569.5 77 1372690t
613
EXIIIBIT "8"
SKETCH OF EASEMENT AREA
MIAMI 1275569.5 17 13126901
614
'..! _-.artrw615
EXHIBIT (I''
MAINTENANCE AGREEMENT
MIAMI 406593 5,6 80574t43097
616
MANAGEMENT AGREEMENT FOR MAINTENANCE
OF EUCLID STREET END PEDESTRIAN MALL
THIS MANAGEMENT AGREEMENT FOR MAINTENANCE OF THE EUCLID
STREET END PEDESTRIAN MALL is made and entered into as of the _ day of June,2014,
by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State
of Florida (the "City"), and JAMECK DEVELOPMENT, INC., a Florida corporation
("Manager").
RECITALS:
B. On June 5, 2013, the City Resolutiirlr No. 21 03-28236,
City's PropertV, including but
installation of new hardscape,
approving a conceptual plan for
not limited to, the removal of the
landscape and street Iighting and the portion,id Avenue to vehicular traffic.
from Lincoln Road to the north part g
and
at the
("Li at 670 Lincoln Road, Miami Beach, Florida
("the
Agreement, recoiful,, offiffiF".*d.Public Records of
Miami-Dade County; Florida (ffi i'Original Development Agreement").
E. Section 52"f :gg the Development Agreement provides that: Developer shall
perform the following maintenance of the Euclid Project Improvements: (i) sweeping of the
street located within the Project Site; (ii) trash removal within the Project Site; and (iii)
maintenance of the landscaping contained within the Project Site.
F. In accordance with Section 52.6 of the Development Agreement, the City and
Manager desire to enter into this Agreement to set forth the terms and conditions of Manager's
management and oversight of the Project Maintenance Responsibilities (as defined below) of the
City Property.
MIAMI 1987129.6 77 t3726901
617
G. In accordance with Section 52.6 of the Development Agreement, the City and
Manager desire to enter into this Agreement to set forth the terms and conditions of Manager's
management and oversight of the Project Maintenance Responsibilities (as defined below) of the
City Property.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
and agreements contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Recitals. The above recitals are true and correct and incorporated herein by
reference.
2. Retention. The City hereby retains Manager, and Manager hereby agrees to
provide management and oversight of the Project Maintenance Responsibilities, as more
particularly set forth herein. Manager shall use its reasonable efforts; skill. iudgment and
abilities in the discharge of its duties under this Agreement.
3. Services to be Performed bv Manaser. Manager agr&s to perform the following
functions and services with respect to the maintenance of fhe project Site (the Project
Maintenance Responsibilities) :
oval planter; and (iii) other small size a@ent palms trees, other shade trees, and other landscape
which may be introduced sirnriltaneously with or subsequent to the implementation of the Initial
Landscape Plan, a copy of..-whichis attached hereby as Exhibit "B".
Seotion 52.6 of the Development Agreement provides that: Developer
shall perform 1[9.fe[gwing maintenance of the Euclid Project Improvements: (i) sweeping of
th. S$eet lqqated,,within.Ihe Project Site; (ii) trash remova.l within the Project Site; and (iii)
mainknance of the larrdscaping contained within the Project Site, including but not limited to the
initial lardscape,\,r/hich Manager is required to provide, pursuant to the "Initial Landscape Plan,
as said Initial tandscape Plan may be replaced and/or modified by the City in the future.
Notwithstanding the foregoing, Manager shall not be responsible for sweeping or trash removal
of any areas within the Project Site, in which there is outdoor seating utilized by restaurants.
Thereafter, Manager will only be required to maintain the landscaping and the City shail be
responsible for replacement ofthe landscape, as needed, in the City's reasonable discretion.
(c) The Director of the Public Works Department of the City, or his designee,
shall be designated as the "Contract Administrator" for matters conceming this Agreement. The
City agrees that a single person shall serve as Contract Administrator under this Agreement and
MIAMI I 987129.6 77 13726901
618
the City shall notify Manager of the person who shall serve as Contract Administrator and of any
changes in who serves as Contract Administrator.
(d) Manager will be responsible to ensure that the Project Maintenance
Responsibilities meet the Cleanliness Index standards established by the City of Miami Beach,
which are set forth in the attached Exhibit "C".
(e) Manager will be responsible for the Maintenance Program meeting the
City of Miami Beach Grounds Maintenance Service standards, which are set forth in the attached
Exhibit "D".
4. Manager's Responsibilities. The liability and responsibility of Manager for a
default by it under the terms of this Agreement will be limited to the actual damages incurred by
the City, its officers, directors, agents, and employees resulting from Manager's breach under this
Agreement (after expiration ol any applicable notice and cure period) or Manager's willful
misconduct or gross negligence. Manager shall be responsible.for the negligence of Manager's
employees, agents, and/or contractors. In no event wiII ldAnager be liable or responsible for
consequential, incidental or punitive damages. It iS unders.tood that the responsibility for
compliance with laws in cormection with the Maintenance of the eity Property,, as lies within the
Manager's Project Maintenance Responsibililies, shall be the responsibility of the Manager.
Except as expressly set foflh in this AgreemenL Manager has made no representation whatsoever
to the City with respect to the maintenance Qf
within the purview of Manager's ProjeOi Main
of the Project Site, which does not fall
ibilities.
entered into by Manager with
rrProperty shall provide that such ContractorsContractors performing MaiptBnapce
indemnifi, and hold harmless and aqlindemnifr and hold hanalqss and Egr
action, claims, liabilities, demands, I<
and court costs at $el .and a{l appellate levels, which may be filed or made against Manager
andior the City, and.their respective officers, directors, parhers, agents, affiliates, employees,
successors q1$/orassigns, a$ aresult ofthe actions or inactions ofsuch Contractors in connection
with the Maintenance of'the City Property performed or required to be performed by such
defend the City from any and all actions, causes of
and expenses of any kind whatsoever for damage to
. Manager hereby indemnifies and holds harmless
and agrees,,to defend
demands, losips anddemands, 1 and expenses of any kind whatsoever for damage to property or injury to or
the City from any and all actions, causes of action, claims, liabilities,
death of persons, including, without limitation, reasonable attomeys'fees and court costs at trial
and all appellate levels, which may be filed or made against the City, and its respective officers,
directors, partners, agents, affiliates, employees, successors and/or assigns, as a result of the
actions or inactions of Manager in connection with the maintenance of the City Property
performed or required to be performed by this Management Agreement, except to the extent such
claims result from the Ciry's gross negligence or willful misconduct.
MIAMI 1987129.6 77 13726901
619
l. CooDeration. Should any claims, demands, suits or other legal proceedings be
made or instituted by any person against the City or Manager which arise out of the matters
relating to this Agreement, Manager or the City shall provide the other party all pertinent
information and reasonable assistance, in the defense or other disposition thereof.
8. Term. This Agreement shall commence on Final Completion of the Work and
continue until the date that is ten (10) years following the date thereof (the "Term"), unless
terminated sooner in accordance with the terms of this Agreement.
9. Default.
:
(a) If Manager breaches its obligations as specified hercin, theq the City shall
give Manager written notice specifuing the nature of the default and Mandger shall have thirty
(30) days after receipt of such notice within which to curq. the specified ilefault; provided,
however, if the nature of such default is such that the same oarmot reasonably be cured within
such thirty (30) day period, Manager shall not be deemed to ,be ia default if Manager shall,
shall not exceed ninety (90) days from the date ofthe itiilial wrifien notice of default from the
notice to Manager, terminate this
The City shall have the right to terminate
this r convenience at anv time upon ninety (90) days' prior written notice to
Manager.
1 1. Representations and Warranties by the City. The City represents and warrants to
Manager that (a) the City has all necessa.ry power to execute and deliver this Agreement and
perform all its obligations hereunder, (b) this Agreement has been duly authorized by all
requisite action on the part of the City and is a valid and legally binding obligation of the City
enforceable in accordance with its terms, and (c) neither the execution and delivery of this
Agreement by the City nor the performance of its obligations hereunder will result in the
MIAMI 1987129.6 77 13726901
620
violation of any law, rules or regulations or any other agreement to which the City is a party or is
otherwise bound.
12. Representations and Warranties by Manager. Manager represents and warrants to
the City that (a) Manager is a corporation duly organized, validly existing and in good standing
under the laws of the State of Florida, is authorized to transact business under the laws of the
State ofFlorida and has all necessary power to execute and deliver this Agreement and perform
all its obligations hereunder, (b) this Agreement has been duly authorized by a1l requisite action
on the part of the Manager and is a valid and legally binding obligation of Mdrr4ger enforceable
in accordance with the terms, and (c) neither the execution and delivery of this Agreement by
Manager nor the performance of its obligations hereunder will result in the violatian of any
provision of its anicles of incorporation or any other organizational o'r governing docurnent as
amended to date, or will conflict with (i) any law or any order or decree of any court or
governmental instrumentality having jurisdiction or (ii) any otler agreement to which Manager is
a party or is otherwise bound.
14.to the benefit oi and be
delivered oiia business &Y), as evidenced by the return receip ifsent pursuant to subsection (c)
or (d) qlOVg,
.at f.p-ad$rcss specified below, or to such other addresses as. either party may from
in uriting and delivery in a like manner. Notice given by an attorney for
eitherX4rty shall be dpemed as effective notice given by such party.
- Tlle City: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
Fax: (305) 673-7782
With a copy to:
City of Miami Beach
1700 Convention Center Drive
15. Notice. All noticgg, deman(.n, requ6ts, consents and approvals which may, or are
required to, be given by any p@ to any other F._SW thereunder shall be in writing and either (a)
personally delivered, (b) hansmrtqd by fax, (c) sent by United States mail, registered or
certified, postage prepaid, return recpjpt requested, or (d) sent by a nationally recognized
ovemight delivery service, $elght prepaid, return receipt requested, and addressed as follows,
and shall be deemed given r4pn receipt if delivered personally, upon the sending machine
printing a confirmatiQn of.;Sanarni.ssion, if transmitted by far, or upon the date of delivery (or
refusal to ffipl delivery) o,n, a business day (or the next succeeding business day, if not
MiAMr r987129.6 77 13726901
621
Miami Beach, Florida 33139
Attn: City Attomey
Fax: (305) 673-7002
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Eric Carpenter, Public Works Director
Fax: (305) 673-7028
Manager:Jameck Development, Inc.
1300 Collins Avenue, Suite 100
Miami Beach, Florida 33139
Attn: Meh,yn Schlesser, President
Fax:305-531-4173
16.lnsurance.
(a)
Property against physical damage and
persons that might occur on the City to lhe Improvements located on the City
for the cost of repairing any damage to thePropeny. The City shall be responsible for
Improvements located on the City & fiowever, that in the event that the City
that there are insufficient (or no)
portion(s) of the City Property nor the Improvements pose a
serious threat to the'iubliclhgalt-&, safety, or welfare. The City shall notifu Manager within a
reasonable tllne'followiltg.*he:o+crrrence or event of damage, the repairs to be made and the
proposed tinpline for sarnp; notwithstanding, the City shall have sole and absolute control over
the mgqn*,,metbods,'a;ad materials, as it deems necessary, to prosecute any repairs, and shall
havs,.no liabilitv to Manager as result of same (nor shall any City determination or decision in
proseeuting any repairs be deemed a City default under this Agreement). Manager shall not be
responsib\, or lieble for making or paying for any such repairs, unless they relate to Manager's
Project Mairite&nce Responsibility.
(b) Contractor's Insurance. Manager shall provide, or cause to be provided
and thereafter maintain insurance coverage, in the following minimum amount unless otherwise
set forth in the construction contract between the City and the Contractor:
(D Workmen's Compensation - Statutory Amount;
(ii) Employer'sLiability($100,000minimum);
funds to repair the City koporty andior 't&p', Imp.orements to their existing condition
immediately prior to the egcurrence or event which caused the damage, then the City shall only
be obligated to initiate suc.h repairs to the extent that funding is available and identified and, even
then, the City's priority in rnffig such repairs (before any aesthetic consideration) shall first be
MIAMI 1987129.6 77 13?25901
622
(iiD Broad Form Commercial General Liability (naming the City and
Manager as additional insured): $1,000,000 per occurence, combined single limit; $2,000,000
in the aggregate;
(i") Auto Liability ($1,000,000 minimum); and
(v) Property Insurance: coverage for tools and equipment brought
onto or used on the City Property by the Contractors in an amount equal to replacement costs of
all tools and equipmenl.
All insurance policies required pursuant to this section shall have the City listed,in s*ch policies
as additional insureds. Each policy shall be primary and non-contribr*ory and Sall contain an
endorsement requiring thitty (30) days written notice from the insurance company to the City
before cancellation or any change in the coverage, scope or
least thirty
(30) days prior to the expiration date ofany policy. The procure an appropriate
clause in, or endorsement on, each of its insurance dltiiyiEs hereunder whereby the
insurer waives subrogation.
17. Partial Invalidity. In the everfi.that
clauses, or paragraphs contained in this Agpeem
unappealable order, decree, or judgment is Agreement shall be construed as if
such phrases, sentences, clauses, or inserted in this Agreement, it being
intended by the parties that the remainingprovi*iqni,o.f,Sis Agreement shall remain in full force
and effect notwithstanding such invalidatio&"
any one;eJ mgre of the phrases, sentences,
nt $a1l tie'declared invalid by final and
18. No Joint Vgture. It is not intendEd by this Agreement to, and nothing contained
in this Agreement shall,:create any partnership, joint venture, Iimited liability company or other
arangement between the Oity eqd Managpr other than that of owner and independent contractor.
No term or provisig4 of this Agreement is intended to be, or shall be, for the benefit of ary
person not a party here*o, and:iro such other person shall have any right or cause of action
19: 9_,"o,'reqiline,'[iaw. This Agreement and the rights of the parties hereto shall be
govmped.Ad coi*truddr'ia hccordance with the laws of the State of Florida and all claims related
to shall be brought and prosecuted in Miami-Dade County, Florida, which shal1
:nuO for all such matters. Before resorting to litigation, the parties agree to usebe the
ercra{y nable, good faith efforts to resolve disputes without litigation as hereinafter
provided. Irt the event of a dispute which the parties cannot resolve directly between themselves
within ten (10) days, the parties agree to submit to non-binding mediation for up to a period of
thirty (30) days after either party sends written notice to the other party demanding mediation
(but no longer unless the parties mutually agree) to resolve the dispute using an independent,
trained mediator agreed to by both parties. If the dispute remains unresolved after such thirty
(30) day period or if the parties cannot agree upon a mediator within fifteen (15) days after the
demand for mediation, either party may proceed to commence litigation. The parties shall
equally split the cost of the mediator.
MrAMr l 987 129. 6 7 7 t372690\
623
20. Enforcement. In the event of any dispute under this Agreement conceming the
meaning or interpretation of any provision of this Agreement, the party not prevailing in such
dispute shall pay any and all costs and expenses reasonably incurred by the other party in
enforcing or establishing its rights thereunder, including, without limitation, court costs and
reasonable attomey's fees before and at trial and through all appellate levels.
21. Entire Agreement. This Agreement constitutes the entire agreement between the
City and Manager with respect to the subject matter hereof, and supersedes and replaces all prior
or contemporaneous discussions, negotiations, letters, memoranda or other corryunications, oral
or written, with respect to the subject matter hereof. This Agreement may only be subsequently
modified or amended in a writing signed by both the City and Manager.
22. Amendments. No change, amendment or modif,ication of this22. Amendments. No change, amendment or modification of this Agreement shall be
valid or binding upon the parties hereto unless such change, arnendment, or modific.alion shall be
in writing and duly executed by all panies hereto. The City and Manager. by mutual writren
agreement, can expand the scope of this Agreement to cover manag€ment of the maintenance of
other sections of Lincoln Road and/or the future Lincoltl
23. No Waiver. Any waiver by any party of a br*ach of any provision of this
insist upon strict adherence to any term ofthls
be considered a waiver nor deprive fhat p
adherence to that term or any other terrn Of
signed by the party to be
24.
n one or more occasions shall neither
right thereafter to insist upon strict
Any waiver must be in writing and
The parties to this Agreement hereby agree not to elect a
trial by jury of any issue iliable of right bv j"rv, and waive any right to trial ty j*V fully to the
extent that any such right sfu311 rlgw or hesQafter exist with regard to this Agreement or any action
trial byjury ofany
or proceeding in whieh morertljgn one of such parties may be involved. This waiver oiright to
trial by jrrty is givea kuewingly and voluntarily by the parties hereto, and is intended totrial by jury is given
encompass ipdividlally eap.! irqgtance and each issue as to wlich the right to trial by jury would
otherwise a4gue. rThe pryties hereto are each hereby authorized to file a copy of this paragraph
ln any couclusive evidence of this waiver.
, ,\
to the cffirary,
. Notwithstanding anlthing contained in this Agreement
occurrence of any claim under this Agreement or termination caused by
Manager'S,,.de the recourse of the City against Manager shall be limited to the actual
damages incwred by the City resulting from Manager's material breach under this Agreement
(after expiration of any applicable notice and cure period) or Manager's willful misconduct or
gross negligence for the recovery of any judgment from Manager,, it being agreed that any
officers, shareholders, partners, members, managers, directors, employees or agents of Manager,
any members in the entity comprising Manager and any subsidiaries or affiliates of Manager
shall never be personally liable for any such judgment and are hereby unconditionally and
irrevocably released, satisfied and forever discharged ofand from any and all actions, causes of
action, claims, demands, losses, costs and expenses, whether direct, contingent or consequential,
Iiquidated or unliquidated, at law or in equity, that the City has or may or shall have.
M.IAMI 1987129. 6 771372.6901 8
624
26. Exculpation of the Citv. Notwithstanding anything contained in this Agreement
to the contrary, upon the occurrence of any claim under this Agreement or termination caused by
the City's default, the recourse of Manager against the City shall be limited to the actual
damages incurred by Manager resulting from the City's material breach under this Agreement
(after expiration of any applicable notice and cure period) or the City's willful misconduct or
gross negligence, it being agreed that any employees or agents of the City shall never be
personally liable for any suchjudgment and are hereby unconditionally and irrevocably released,
satisfied and forever discharged of and from any and all actions, causes of action, claims,
demands, losses, costs and expenses, whether direct, contingent or conseque4tial, liquidated or
unliquidated, at law or in equity, that Manager has or may or shall have.
27. Counterpansl Facsimile. This Agreemenl" may be execuled ia counterparts, each
of which shall be deemed an original and all of which together shall constitutq.one and the same
instrument. A facsimile signature shall be deemed for all purposes to be an origi"al.
MIAMI 1987129.6 77 13726901
625
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed,
by and through their duly authorized representatives, as of the date first written above.
WITNESSES:CITY:
CITY OF MIAMI BEACH, FLOzuDA,
a municipal corporation of the State of Florida
By:
Sign Name: Philip Levine
Title: Mayor
ATTEST:
Print Name
Print Name
Sign
By:
Name: Rafael Granado
Title: City Clerk
MIAMI I 987 I 29.6 77 13726901
626
WITNESSES:MANAGER:
JAMECK DEVELOPMENT, INC.,
a Florida corporation
Melvyn Schlesser
President
Print Name
Sign
By:Sign
PrintName
MIAMT 1 987129.6 77 13726901
627
EXHIBIT "A"
CITY PROPERTY
MrAMI 1987t29.6 77 1372690t
628
SKECTH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN LANE
SOUIH RIGHI OF WAY LINE OF
UNCOLN RoAD (P.8. 6 , PG. 33)
LINCOLN ROAD
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Il.l tt rr r
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. d-r --J I--lill*llill,I l lf,i I i
=J* -l--- ". fiss"oo'48"g 70.00'3i t! t' | ""-ilqll I
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LINCOLN LANt
l
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LOT 6
BLOCK 5OA
TINCOLN SUBDIVIS1ON
OF 'THE ALTON BEACH
REALTY COMPANY'
(P.8.9, PG.69)
LEG EN D:
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
PC = POINT OF CURVATURE
PT = POINT ON TANGENCY
O.R.B. = OFFICIAt RECORDS BOOK
PG. = PAGE
f R= l s.oo' LLlL=zg,se' o >
Ton=l5.00' z Z
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Y< A*
f,g f,<l'rJ - LLr*./) ,
NORTH RIGHT OT WAY
LINE OF LINCOLN LANE
- (P.8.6 , PG 33)
2,t- -i_t
.il
c.r I
I
toT 7
BLOCK 5IA
LINCOLN SUBDIVISION
OF 'THE ALTON BEACH
REALTY COMPANY'
(P.8.9, PG. 691
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3.5.0
JOB NO.i 13314
PAGE I OF 2
L:\lrrr. Erucjd L, ro Liicoi id, l,li.6i E!6.r i-\dr,l\s!.t.h.od Lrq.rs\t]l. sL o5-ot_r4.drg 6/a/?a1a a:2a:11 pu aal
NOTICE: Not full and complete without alltwo (2) pages.
L@Y"G-11YPE
5900 NW 79rH AVENIJE, SurrE 601
DORAL, FL. 55I66
PH0NE:(505)465-0912 FAX:(30s)515-5680
WWW. LONG ITUDESURVEYORS.COM
629
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I hereby certifyl Thoi this 'Sketch 10 Accompony Lego Descriplion" ond lhe survey Mo p resulling lheref ro m wos pedormed under my direclion ond is lrue ond correct lof.e best of my knowledge ond bel ef ond further, ihoi soid 'Skelch to Accompqny Legal Description" meets the intent of the opplicoble provisions of ihe ,,Mtnlmum
Choplet a72 A27 al he Flordo Sto-u'e,.
LEGAI, DESCR'P'ION:
A porlion of Euclid Avenue Righl-of-wsy os shown on the plol of "SECOND CoMMERCIAt suBDtDlvtstoN OF THE ALTON BEACH REALTy COMpANy", occoriing to the p ot
trhereof, os recorded in Plct Book 6, ot Poge 33. ond ti^.e plot of IINCOLN SUBDIVISION , occording to i.e plo'i lrhereof, os recorded in p oi Eook 9, ol poge 69, bothrecorded in the Public Records of Miomi-Dode Counly, Floddoj boLr.ded on lhe Nodh by ihe exlension oi the South Righl of Woy Line of Lincolr Rood; b;!nded on the
Soulh by ihe extension of the Norlh Right ot Woy Line oi iincoln Lone; bounded on the Eost by the Eosi Right of Woy tine of Euclld AvenLe ond bounded on the Wesi by
the West Right of Woy Line ol Euclid Avenue.
Soid porcel ol lono lying ond Seing in the City of Miomi 8eoch, Miomi-Dode Counly, Florido ond co.toining I0,578 SqLrore Feel, more or less, by colc! oiionr.
EFRTINENT INFORMATION USEO FOR SURVEY:
The Lego Descripllon of the Subject Porcelwos generoled from the fo lowing record docurrenls:
L Leose Agreemenl of the Stote of Florido, Boord of Truslees of ihe l.iernol lmprovement Fund, reccrded in Oillciol Records Book I I793, ot poge 339, Mimoi-Dode
Counly Records.
2. Leose Ag.eemeni of the Stqte oi florido, Boord of Truslees of lne ntemol l..proveme.t Fund, recoided ln Olficiol Records Book I I793. ot poge 334, Mirnoi DqdeCounty Records
Eeodngs 05 shown hereon ore bosed upon lhe West Line ol the Nw l/4 of Seciion 22, Township 52 South, Ronge 42 Eosl, Miomi-dode County, Florido, with on ossllmed
beoring ol 503'00 04 E.
E4SErvrElr9 4!!l!9! !84!9Eq
No iniormotiorl wo5 provided os lo ihe existence of ony eosel.nen'is other thot whol oppeors on the underlying Plol of record. pleose refer to the Limitotions ilern wilhrespeci lo possible resirictions of record ond util ly service5.
RESTRICTIONS:
properly thot qre not show. on thls Skeich or conloined wilhin thls reporl thot moy be found in lhe Pub lc Records of Miomi-Dode Counly, Floddo or ony other publrc ondpdvote eniiiies os lheir jLrrisdiclions nroy qppeor,
This documenl does not represenl o field boundory survey of the de5cribed prope4y, o. ony port or porcel thereof.
SURVEYORS CERTIFICATE:
SKECTH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN LANE
LONGITUDE SURVEYORS LLC., o Ftondo Lirniied Liobitiiy Compony
Flondo Cedificoie of Aulhorizolion Number 1B7335
Lgt|tg',IYPS
59OO NW 79TH AVENUE, SUITE 6OI
DORAL, FL. 55I66
PHONE:(505)465-0912 FAX:(J05)515-5680
WWW, LONGITUDESURVEYORS. COM
Jose Seras, PSM
Regislered Suryeyor ond Mqpper 155938
Stote of Floddo
NOTICET Not volid wiihout the signolure ond originol roised seol of o florido Licensed
Surveyor ond Mapper. Addilions or deleiions io Survey Mops by other lnon the signing pctr./ oreprchibiied wiihoLJt the written consen t of the signing poriy. JOB NO.: 13314
NOTICE: Not full and complele wilhout all two (2) pages. pAGE I Of 2
L \rrr11 EJ.d Ln ro L.coln id, Man Beocl Fl\dr!\sk.tch crd !.93s\rj3r4 sL 06 03-rr.wq 6/3/701L ..2a.r pr aar
8y.
630
EXHIBIT "B"
CLEANLINESS INDEX STANDARDS
MIAMI 1987129 6 77 13726901
631
EXHIBIT "C''
GROUNDS MAINTENANCE SERVICE STANDARDS
MIAMI 1 987 129. 5 7'.1 137 2690 1
632
#E ${EI ;Ei€I IECEi iTI {EEI IgI$ FfIIE EIiIi- ;$i E3Et *E*l Efr{*{ {E${frg ffE }!E ;fEi i:$H rE tEIflls ErlFI XE€E f,Eggfli I$IgEI gEI$fi E#tt sgfIEg IE{git '.*i=E$ II$i $E{fEf, 3$tFEi $If;}$iu i+;$s Egrrsi EfEFiI #ffrf,EE$ r{$$i Ef$$EI $EgtE$ iiff Eao&x',Eto"9bsIsfiE-altg,]c#6f,5TIFE*sE$EsEE$'*$siEsEtFIEltiEf$*if;i$$f$EEf[{$$ot.j..:i-^ll: - 6d';i':ei # ieF;$$i I {ta{$ ${i$iniE*{ e aF ^. -,P ani tas H#Er'H$$Ei3I$Eqrgfrntlf,Hf,fiTLJdLL'*il*-{*>lrtt16Eiat4.6ca=ff--\633
!{f!_s I lFirHsryr-, Her-.:grl$lt t1= L ,
"' li,lil,iiBEACl-l CIry OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE lS HEREBY glven that a Fi6l R€ading/Publc Hearnrg willbs held by the Mayorand C]ty Commission ot lhe Cityot M amr Beach, F onda,
ln th€ Commiss on Chambers, 3rd floo r, C ity Ha , I 7OO Convent on Cen ier Onve, Miam Beach, Frori d a, on Wednesday. Ju6e i I , a) 1 4, to conside.
the following:
1t:05a.m.
Euclid Righl Of way Project:A Resolltion To Consider Approval, Following Firsr Bendi.g/pubtrc Heanng, OI A Devetopm€m Agre€ment Eerwe€nrhe Citv O, M ami Beach (C ly) And Jameck Dovelopmenl, nc. (Jameck, Develope.) For Ths Dssign, Devetopment, And Consiruct,on Of Certainslreetscap€ lmprcvemenl n The cityt Right of wax At The Podion ol Euolid Avenue Beiween unc;h Road And Ltncoh Lan€ solrh (Euclid Fighl
Ol Way Proieci), locludrng, Withoul Limitation, Removal Ol The Disconnecl vault Ad Landscape, tnstatlaton Of New Hardscape, Landscapg,Str€el Ughung, And Closure OI A Portion Ol Euclid Avenue To Vehlcular Trattic As Part O, An Exrens on OI Lncotn Boad pedsstdan Mall; SaidPrqect Havjng A Total Bldgel bost To Th6 City, ln The Iolal Sum 01$485,821, Appropdated From Mrami aeach R€d€vstopment Agency (Hisrorc
Convention Vllag€r'Crv Cenler RDA) Flndsr And Further S€rting The Smond And Ftoat Read ng Ot The Devetopment Agreem"nt foil r,-"
Cerlain On Juty 23, 2014_
lrquires nay ba d@.led ta the Taunsm, Cufture & Ecanomic De€too/tP'nt Depannent at 305-6/3-15/t.
A copy of ttte praqsod Dc!€lopmnt Ag.eemnt is availabte fot inspeclan and may be abtaned by 'nqu hg at lhe Ary At]tr,'7E.y s OfticeK)5$73 747A, 170A Conventian Centel Dlive, 4," Ftooa Miami Beach, Ftoada 33139
nieresGd pades are inviled lo appear at this m€eiing, or be represented by an ag€nt, or ro exp.ess fllen vres in witing addr€ssed 10 ihe CiryCommission, c/o the City Cleft, 1700 Conventi'rn Center Drive, 1n Floor, Ciry Hatt, Mtami Beach, Florida 33139. Copies of this irem is ava labte torpublic insp€ction dunng no,mal busin€ss ho! ls in t he C riy Cl6rt s Ot ice 1 700 Con vcnt on Genter Dnve, I j Ftoo( Ctty Ha l. lV jami Beach, Fto da33r39. This meeung. or any nem herein, may b€ continued, and under slch crrcumsrances, add lronat legat notrce need not b€ provided.
Pulsuant io Secion 286.01 05, Fta. Stal. , thB Crty hereby advises ih e pu blic th ai f a psrson decrdes to appeal arry decis on made by rhe Cir/
Co.rxnission wilh respectlo any maller considered at its meetrng or its hearing, such person must ens!T€ that a verbatim record otthe p.oceed ngsis mad€ thich re.o.d inclldes lh€ lest mo ny aod 6videnc6 upon whach rhe appear is lo De bas€d This notice doe3 not cons trture consent by the
Citv tor the int odlction or admision of olheNise inadrnissible or krelevanr evidence, no. does it auiho.rc chaleogss or appeats not otherwi3e
To req!esl lhis mate.ial ln acce$ibte lormai si$ tanguage nterpretels, in Iolmalion oo access tor persons with disabitiiies and/or ary accommod aionlo r€visw ary docume.t o. participale in any City-sponsored proceedirg, please conracr us f ve dars in advance ar 305.673.74f l(vo ce) or TTy
users may aJso ca l1h6 Floida Retay SeNce ar 711
Aafael E Granado City Clerk
C ry oi Miami Eeach
634
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635
COMMISSION ITEM SUMMARY
Ensure expenditure trends are sustainable over the long term.
Supporting Data: N/A
Condensed Title:
A Resolution Setting a Public Hearing to Adopt the Fourth Amendment to the General Fund, Enterprise
Fund. lnternal Service Fund, and Special Revenue Fund Budgets For Fiscal Year (FY) 2013114.
Item Su mmary/Recommendation :
The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special Revenue Funds
for Fiscal Year 2013114were approved on September 30, 2013, with the adoption of Resolutions No. 2013-
28351 and No. 2013-28355.
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and Special Revenue
Funds budgets tor FY 2013114 was approved on January 15, 2014, by resolution 2014-28469. The Second
Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and Special Revenue Funds
budgets for FY 2013114was approved on April 23,2014, by resolution 2014-28564. The Third Amendment
to the General Fund, Enterprise Funds, lnternal Service Funds, and Special Revenue Funds budgets for FY
2013114 will be considered on June 11,2014. Section 166.241(4Xc.), Florida Statutes, requires that a
municipality's budget amendment must be adopted in the same manner as the original budget.
The Fourth Amendment would fund all or a portion of two key technology projects, Munis and EnerGov.
The City implemented the Eden ERP System in October, 2004. The Eden ERP system integrates and
provides necessary functionality across all of the City's core business processes, including financials,
budgeting, procurement and human resources. Since the time the Eden ERP was implemented, the City has
advanced its technological platform and offerings to ensure business process efficiencies and maximum
service to constituents. However, Tyler Technologies, the parent company of Eden, has instructed the City
that the system is end of life and that Tyler will no longer dedicate development resources to achieve
significant improvements to its functionality. As a result, many of the current functional requirements of the
City can no longer be supported by Eden ERP. Tyler Technologies has also instructed the Administration
that its development resources will be dedicated to the Munis ERP, its flagship ERP solution for
municipalities. Several of Eden ERP using municipalities have already completed or begun the transition
from Eden ERP to Munis ERP. Another Tyler Technologies solution, Energov, would improve the City's
permitting and licensing modules, which integrates seamlessly with its Munis ERP solution.
Anyother necessary amendments to the operating budgets in the General Fund, Enterprise Funds, lnternal
Service Funds, and Special Revenue Funds will also be addressed as part of the Fourth Amendment.
Financial lnformation:
Source of
Funds
@
Amount Account
John Woodruff, OBPI Director
46ENDA ITEM
DATE(s MIAMIBEACH RlE
b-jt-lT-636
g MIAMIBEACH
City of Miomi Beqch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members o
Jimmy L. Morales, City Manager
June 1'|.,2014
MIAMI BEACH, FLORIDA! SETTING A PUBLIC HEARING TO ADOPT THE
FOURTH AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND,
INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR
FrscAL YEAR (FY) 2013t',t4
ADMINISTRATION RECOMMENDATION
Adopt the Resolution and Set the Public Hearing for July 23,2014.
KEY INTENDED OUTCOME SUPPORTED
Ensure expenditure trends are sustainable over the long term.
ANALYSIS
The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds for Fiscal Year 2013114 were approved on September 30, 201 3, with the
adoption of Resolutions No. 2013-2835'1 and No. 2013-28355.
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and
Special Revenue Funds budgets for FY 2013114 was approved on January 15,2014,by
resolution 2014-28469. The Second Amendment to the General Fund, Enterprise Funds,
lnternal Service Funds, and Special Revenue Funds budgets for FY 2013114 was approved
on April 23, 2014, by resolution 2014-28564. The Third Amendment to the General Fund,
Enterprise Funds, lntemal Service Funds, and Special Revenue Funds budgets for FY
2013114 will be considered on June 11,2014. Section 166.241(a)(c.), Florida Statutes,
requires that a municipality's budget amendment must be adopted in the same manner as
the original budget.
The Fourth Amendment would fund all or a portion of two key technology projects, Munis
and EnerGov. The City implemented the Eden ERP System in October, 2004. The Eden
ERP system integrates and provides necessary functionality across all of the City's core
business processes, including financials, budgeting, procurement and human resources.
Since the time the Eden ERP was implemented, the City has advanced its technological
platform and offerings to ensure business process efficiencies and maximum service to
constituents. However, Tyler Technologies, the parent company of Eden, has instructed the
City that the system is end of life and that Tyler will no longer dedicate development
resources to achieve significant improvements to its functionality. As a result, many of the
current functional requirements of the City can no longer be supported by Eden ERP. Tyler
Technologies has also instructed the Administration that its development resources will be
the City Clmmissioni-\/uFROM:
DATE:
SUBJECT:
637
Foudh Amendmenl to the FY 2013/14 Ceneral Fund, Enterprise, lntemal Service, and Special Revenue Funds Budgets
Page 2
dedicated to the Munis ERP, its flagship ERP solution for municipalities. Several of Eden
ERP using municipalities have already completed or begun the transition from Eden ERP to
Munis ERP. Another Tyler Technologies solution, Energov, would improve the City's
permitting and licensing modules, which integrates seamlesslywith its Munis ERP solution.
Any other necessary amendments to the operating budgets in the General Fund, Enterprise
Funds, lnternal Service Funds, and Special Revenue Funds will also be addressed as part
of the Fourth 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:
. The General Fund. General Obllgation Debt Service Fund. Enterprise Funds. Transfers to the Redevelopment Agency. lnternal 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 lmprovement
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.
lnternal 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. lnternal Service
Fund rates are set to recover the full cost of providing a particular service. The lnternal
Service Funds budgeted expenditures are completely offset by revenues received from the
General Fund, Enterprise Fund Departments and Special Revenue Funds. The City's
lnternal Service Fund Departments are lnformation Technology, Central Services, Risk
Management, Property Management, and Fleet Management.
638
Foutth Amendment to the FY201Y14 General Fund, Enterprise, lntemal Sevice, and Special Revenue Funds Budgets
Page 3
Special Revenue Funds include the Resort Tax Fund as well as 7th Street Garage
Operations; 5m & 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 91 1 Fund; lnformation 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 apa(ment 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.
CONCLUSION
The Administration recommends that the Mayor and City Commission set a public hearing to
be held on July 23, 2014 to adopt the Fourth Amendment to the General Fund, Enterprise
Fund, lnternal Service Fund, and Special Revenue Fund Budgets for Fiscal Year (FY)
2013t14.
JLM:JW
@
639
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SETTING A PUBLIC HEARING TO ADOPT
THE FOURTH AMENDMENT TO THE GENERAL FUND,
ENTERPRISE FUND, INTERNAL SERVICE FUND, AND
SPECIAL REVENUE FUND BUDGETS FOR FISCAL
YEAR (FY) 2013114.
WHEREAS, the budgets for the General Fund, Enterprise Funds, lnternal
Service Funds, and Special Revenue Funds for Fiscal Year 2013114 were approved on
September 30,2013, with the adoption of Resolution Nos.2013-28351 and 2013-28355;
and
WHEREAS, the First Amendment to the General Fund, Enterprise Fund, lnternal
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 Second Amendment to the General Fund, Enterprise Fund,
lnternal Service Fund, and Special Revenue Fund budgets for Fiscal Year 2013114was
approved on April 23,2014, with the adoption of Resolution No. 2014-28564; and
WHEREAS, the Third Amendment to the General Fund, Enterprise Fund,
lnternal Service Fund, and Special Revenue Fund budgets for Fiscal Year 2013114 will
be considered on June 11,2014;and
WHEREAS, the Administration requests that the Mayor and City Commission set
a public hearing to be held on July 23, 2014 to adopt the Fourth Amendmenl to the
Fiscal Year (FY) 2013114 budgets for the General Fund, Enterprise Fund, lnternal
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
SeMce 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
640
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
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 7th
Street Garage Operations; 5s & Alton Garage Operations; Art in Public Places: Tourism
and Hospitality Scholarship Program; lnformation 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; Concurency 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, lnternal 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 lntemal Service Fund rates are set to recover the full cost of
providing a particular service, and the lnternal 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 lnternal Service Fund Departments are lnformation
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 Fourth
Amendment to the General Fund, Enterprise Fund, lnternal Service Fund, and Special
Revenue Fund Budgets for Fiscal Year (FY) 2013114; and
WHEREAS, the key intended outcome supported by the Fourth Amendment to
the Budgets for Fiscal Year (FY) 2013114 for the General Fund, Enterprise Fund, lnternal
Service Fund, and Special Revenue Fund is to ensure expenditure trends are
sustainable over the long term.
641
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAM! BEACH that the Mayor and City Commission
hereby set a public hearing on July 23, 2014, to adopt the Fourth Amendment to the
General Fund, Enterprise Fund, lnternal Service Fund, and Special Revenue Fund
Budgets for Fiscal Year (FY) 2013114.
PASSED and ADOPTED this 1 t h day of June, 201 4.
ATTEST:
PHILIP LEV]NE, MAYOR
RAPHAEL E. GRANADO, CITY CLERK
City Attorney Date
APPROVEDASTO
FORM E LANGUAGE
& FOREXECUTION
642
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643
,n
-
COMMISSION ITEM SUMMARY
At its May 14, 2014 Flooding Mitigation Committee meeting, a special presentation was made by Mr.
Gustavo Berenblum, Principal Architect at Berenblum Busch Architecture lnc., a firm currently working
on the Collins Park Garage project. The firm introduced its current design for the project, as well as
designs reflecting an increased base flood elevation by two and three feet. The raised design plan
proposes stairs, ramps and platforms, all of which are compliant with the Americans with Disabilities Act
(ADA), as well as an elevated plaza.
Following the presentation, the committee made a recommendation to: 1) Raise the proposed ground
floor elevation of Collins Park Place project to base flood plus three feet; 2) Accept the concept of
Collins Park Place presented by the architect incorporating the raised floor of BFE plus three feet; 3)
Refer the recommendation of establishing a base flood elevation plus three feet as the required criteria
for all new and remodel residential and commercial buildings to the Land Use Commiftee for further
consideration.
The Municipal Code for the City of Miami Beach, under Sections 54-31 to 54-58, governs the setting of
the finish floor for all new construction. The State of Florida, under F.S. '166 also authorizes the City to
establish their own finished floor elevations to promote health, safety and general welfare.
The proposed ground floor retail spaces for Collins Park Place, as currently designed, are set betvveen
5.70 NAVD and 6.55 NAVD. Base Flood Elevation is 6.54 NAVD, while the existing sidewalk elevations
range between 4.22 NAVD - 5.50 NAVD.
ln order to comply with the requirement to raise the ground finish floor elevation to Base Flood plus
three feet (9.54 NAVD), the new finish floor elevation will need to be set at4.04ft to 5.32ft higher than
the existing sidewalk.
The design team has developed a preliminary concept that resolves this challenge by elevating the
entire site and gradually sloping the sidewalk along Park Avenue and 23rd Street to meet the required
finish floor elevation. This solution preserves the natural pedestrian flow into each retail space as well as
egress from adjacent buildings, while still accommodating ADA requirements throughout. The concept
was presented and approved by the Flooding Mitigation Committee on May 15,2014.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION
Board Recommendation:
Financial
AGENDA ITEM R?F6lFrq-
Condensed Title:
A Resolution Approving And Accepting The Recommendation Of The Flooding Mitigation Committee To:
1) Raise The Proposed Ground Floor Elevation Of Collins Park Place Project To Base Flood Plus Three
Feet; 2) Accept The Concept Of Collins Park Place Presented By Berenblum Busch Architecture lnc. To
lncorporate The Raised Floor Of Base Flood Elevation (BFE) Plus Three Feet, And; 3) Refer The
Recommendation Of Establishing Base Flood Elevation Plus Three Feet, As A Required Criteria For All
New And Remodel Residential And Commercial Buildings To The Land Use Committee For Further
Consideration.
Su Data Environmental Scan. etc,): N/A
N/A
Eric T.ext. 6012
DATE644
E MIAMIBEACH
City of ,ltiomi Beoch, 1 700 Convenlion Center Drive, Miomi Beoch, Florido 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of th City Comm
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUBJECT: A RESOLUTION APPROVING ANDTACCEPTING THE RECOMMENDATIoN oF
THE FLOODING MITIGATION COMMITTEE TO: 1) RAISE THE PROPOSED
GROUND FLOOR ELEVATION OF COLLINS PARK PLACE PROJECT TO BASE
FLOOD PLUS THREE FEET; 2) AGCEPT THE CONCEPT OF COLLINS PARK
PLACE PRESENTED BY BERENBLUM BUSCH ARCHITECTURE INC. TO
INCoRPoRATE THE RATSED FLOOR OF BASE FLOOD ELEVATTON (BFE) PLUS
THREE FEET, AND; 3) REFER THE RECOMMENDATION OF ESTABLISHING
BASE FLOOD ELEVATION PLUS THREE FEET, AS A REQUIRED CRITERIA FOR
ALL NEW AND REMODEL RESIDENTIAL AND COMMERCTAL BUILDINGS TO
THE LAND USE GOMMITTEE FOR FURTHER CONSIDERATION.
BACKGROUND
At its May 14, 2014 Flooding Mitigation Committee meeting, a special presentation was made
by Mr. Gustavo Berenblum, Principal Architect at Berenblum Busch Architecture lnc., a firm
currently working on the Collins Park Garage project. The firm introduced its current design for
the project, as well as designs reflecting an increased base flood elevation by two and three feet
(ATTACHMENT). The raised design plan proposes stairs, ramps and platforms, all of which are
compliant with the Americans with Disabilities Act (ADA), as well as an elevated plaza.
Following the presentation, the committee made a recommendation to:
'1) Raise the proposed ground floor elevation of Collins Park Place project to base flood plus
three feet;
2) Accept the concept of Collins Park Place presented by the architect incorporating the raised
floor of BFE plus three feet; and,
3) Refer the recommendation of establishing a base flood elevation plus three feet as the
required criteria for all new and remodel residential and commercial buildings to the Land
Use Committee for further consideration.
645
Commission Memorandum -Accepting the recommendation of the Flooding Mitigation Committee
Page 2 of 4
The Municipal Code for the City of Miami Beach, under Sections 54-3't to 54-58, governs the
setting of the finish floor for all new construction. The State of Florida, under F.S. 166 also
authorizes the City to establish their own finished floor elevations to promote health, safety and
general welfare.
The recommendation for the first floor elevation to be set at BFE +3 feet is consistent with the
state's building code and ASCE 24, lnternational Building Code (lTB) and lRC.
This will have an impact on new residential construction by requiring additional fill for slab on
grade construction, or stem wall construction or structure on pilings. Each residential lot will
have to prevent stormwater runoff to the adjacent properties or to the City right-of-way by having
a berm or wall at the minimum elevation to prevent runoff off site. The land development code
may have to be revised to limit the size of structures on lots and to limit the pervious/impervious
surface ratio.
COLLINS PARK PLACE
After the presentation, the Committee recommends raising the proposed ground floor elevation
of Collins Park Place project to base flood plus three feet and accepting the concept of Collins
Park Place as presented by the architectural firm, incorporating the raised floor of BFE plus
three feet
The proposed ground floor retail spaces for Collins Park Place, as currently designed, are set
between 5.70 NAVD and 6.55 NAVD. Base Flood Elevation is 6.54 NAVD, while the existing
sidewalk elevations range between 4.22 NAVD - 5.50 NAVD. ln order to comply with the
requirement to raise the ground finish floor elevation to Base Flood plus three feet (9.54 NAVD),
the new finish floor elevation will need to be set al 4.04ft to 5.32ft higher than the existing
sidewalk.
The design team has developed a preliminary concept that resolves this challenge by elevating
the entire site and gradually sloping the sidewalk along Park Avenue and 23'd Street to meet the
required finish floor elevation. This solution preserves the natural pedestrian flow into each retail
space as well as egress from adjacent buildings, while still accommodating ADA requirements
throughout. The concept was presented and approved by the Flooding Mitigation Committee on
May 15,2014.
CONCLUSION
The Administration recommends approving the Resolution and accepting the recommendations
of the Flooding Mitigation Committee.
rLMtMflfleJBAMlDS/FRS
T:\AGENDA\2014Uune\Flooding mitigation recommendation.docx
646
647
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Policy Review: Change of Cround Floor FFL lo BFE+2 or +3Case 5tud5r Muy14.aci4EXTEND STAIBSAND AMEND LAYOUTFOR ACCESS TO B.O.H-tl r.li-NAJJAIT(\,+(Ln!./DnuItilEortrz!n6Inrl.t=F=IDm:EL!:)zSTRATEGY 1 / BFE+2RAISING RETAIL FFL ONLY - STRATECY NOT RECOMMENDEDLEVEL CHANGEWITHIN RETAIL SPACEEXTEND STATRS 23BD STREET22ND STREETADJUSTFEATURE STAIR &LANDINGCOLUMNSTALLER+4.ONAVDM!AMI BEACH REGIONAL LIBRARY22722nd.STBEEI-'r,i -.illq..,_1,_i,lDIAGRAM . FOR ILLUSTRATIVE PUBPOSES ONLY LAYOUTS TO BE ADJUSTED/ Rt-DESIGNED.ALL NAVD ELEVAT ONS SIIOWN IN THIS DIAGNAM AS PFR SI]RVFYCb ..',.'.r l;-"1t'*: !f!! RAISED AREASPlorredProgr,e,g;649
Policy Review: Change of Ground Floor FFL io BFE+2 or +3Case Sludy Mry14,ro14EXTEND STAIRSAND AMEND LAYOUTFOB ACCESS TO B.O,H.No,7o,IA'dn!.oaUIillJilEortrzB!xcr)fcrmtu,mIlzcc#STRATEGY 1 / BFE+3RAISING RETAIL FFL ONLY - STRATECY NOT RECOMMENDEDLEVEL CHANGEWITHIN RETAIL SPACE23BD STREETCOLUMNSTALLERADJUSTFEATURE SIAIR SLANDINGEXTEND STAIRSrii.-i-22ND STHEETNOTE:DIAGRAM FOF ILTUSTRATIVE PURPOSES ONLY LAYOUTS TO BE ADJUSTED/ RE DESIGNED.ALL NAVD ELEVAI ONS SHOWN IN THIS DIAGRAM AS PER SUBVEY+4.0NAVDIIC FAISED AREASI EXTENDED RAMPSlllllll rxreruoro sratns..t--_650
Policy Review: Change ot Ground Floor FFL lo BFE+Z u, *3 ar*orao",CaSe 5lUd5f irl*.v1rr.r01,i coMBtNATtoNoFRAtstNcstTEANDLANDSCApEDGRADTNG-RECSMMENDED'TRATE.'No,JA'IOJA-LLn7.oLAtt--1Ertrz.oTn)Jclmt3u,mIii-z?ON.STREET PARKINGTO BE ADJUSTED23BD STBEEToooooo-.,!-.1 l-- , i 1. '1 ' - --) -:,1-lLl,LANI]SCAPED GRAD NG REOUIRES STEIPER StOPES.DRAINAGE DESIGN TO BE STUDIED IN DETAIL,GUTTEBS AND BE I EN I ION WALLS TO BE COORDINATID ACCORDINGIYr4.l-jMIAMI BEACH REGIONAL LIBRARY227 22nd STREETlINOTE:DIAGRAM FOR ILLUSTBATIVE PURPOSES ONLY LAYOUTS TO BE ADJUSTED/ RE.DESIGNEDALL NAVD ELEVATIONS SHOWN IN THIS DIAGBAM AS PER SURVEYtr'{ RAISED ABEAS651
r33U15 oUEa hl2_rlq\.f&Az:Jo,tli!I.-rlhtl.rIo;'1#fuTr$,.1:11)N652
aIt:rlljr.653
Policy Review: Change of 6round Floor FFL to BFE+Z or +3Case 5tudy Mry14.2o14STRATEGY 2LAN DSCAPE/ STREETSCAPE:BFE+2OF CARTO MAIINCLINATIONTRY RAMP\trN BETATLRAISED TOSIDEWALKCLEABrf,rJrOuCSTAIR ACCESS[ON.STREET PARKINGTO BE ADJUSTEDILANDSCAPE REOUIRES RE-DESIGN -INCLUDING ALLOWING FOR OUTDOORSEATING/ DINING AREAEXISTING BETAININGWALL TO REMAINFO BE ADJUSTED]ADAPT TO RE-DESIGNEDMAII\frAlN EXISTINGACCESS TO LIBRARY6 t,i rL l,..'! r it !: A /- t-"1!7 J I 'i:LANDSCAPED GRADING REOUINfS STEEPER SLOPES -OBAINAGE DESIGN TO BE STUDIED IN DETAIL,GUTTERS AND RETENTION WALLS TO BE COOBDINATED ACCONDINGLYLOADINGLANDSCAPEPlornedProgr ,Eg654
Policy Review: (hange of Ground Flooi FFL to BFE+Z or +3Case Sludy Msy14,zo14STRATEGY 2LANDSCAPE/ STREETSCAPE:BFE+3OF CABINCLINATIONTRY RAMPNN RETAILBAISED TOSIDEWALKPLANTERS+GUABDFAILSt)',t]uEoi:TO MACLEARSTAIR ACCESSION-STREET PABKINGTO BE ADJUSTEDID(ISTING RETAININGWALL TO REMAINrTO BE ADJUSTED]LANDSCAPE REOUIRES RE.DESIGN .INCLUDING ALLOWING FOR OUTDOOR6.ratg reruorruc SEAT|NG/ DtNtNG AREAADAPI TO BE-DESIGNEDLANDSCAPED GRADING FEOUIRES STEEPER SLOPES -DRAINAGE DESIGN TO 8E STUDIED IN DETAIL,GUTTERS AND RETENTION WALLS TO BF COOBDINATED NCCORD NGLYflA,I'VTAIN EXISTINGACCESS TO LIBRARYLOADINGDSCAPE655
Policy Revlew: fhange of Cround Floor FFL lo BFE+2 or +3Case Studyr Mu5,14, io14STRATEGY 2LANDSCAPE/ STREETSCAPE:BfE+2-r,b ., . ' , 11, "1r*i iPITRANSITION FROM RAISED TO EXISTING SIDEWALK AT CORNER OF 23RD SIREET AND PARK AVENUE656
Policy Review: Change of 6round Floor FFL lo BFE+Z or +3Case Slud5l Mdy14,2o14STRATEGY 2LANDSCAPE/ STREETSCAPE:BFE+3& t,.,,:. :r..ri *::i.t-i-.iTRANSITION FROM RAISED TO EXISTING SIDEWALK AT CORNER OF 23RD STREEI AND PARK AVENUEPlonredProgre,gs657
Policy Review: Change ol Ground Floor FFL Io BFE+2 or +3Case Stud5l Fr;ry14, ?e14STFATEGY 2LANDSCAPE/ STREETSCAPE:BFE+2TRANSITION FROM RAISED TO EXISTING SIDEWALK IN COMBINATION WITH LANDSCAPE GRADING658
Policy Review: Change of Cround Floor FFL to BFE+2 or +3Case Siudy uay14.2014STSATEGY 2LANDSCAPE,/ STREETSCAPE:BFE+3@ $,r:,Lr'111;,7i111TRANSITION FROM RAISED TO EXISTING SIDEWALK IN COMBINATION WITH LANDSCAPE GRADINGPlornedPrcgle,,pg659
Policy Review: Change of Cround Floor FFL to BFE+Z or +3Case SI'ud5r Mayi4. 2014STRATEGY 2LAN DSCAPE/ STREETSCAPE:AFE+2l:: " " " " "--r,EDOenlooooool!0Eooootr+'\b:.'..'ti t\i-i !-PlornedProgrc,*660
Policy Review: Change of Cround Floor FFL Io BFE+z or +3Case 5tud5l Miry14,?014STRATEGY 2LANDSCAPE/ STREETSCAPE:BFE+3::::::::::::::::lD , .-{i- r. i- i-iPlorredPrcgrc;;661
SSel6et6pawop.,-.i;.. L"-i]- : .' QlrD$xt'a662
i3a6or6pa.uo16-\ti.ii,'-il , ED,',..',., {p1";S BSp)punoJD lo a5uEqJ :Mer^au /btlod663
33e,rEor4cauo6'l:i:,'-irl l :')'(DILUol(]c(u6:c!zfJcHEl,.lft:::664
iCdi6ot6pawop,.,.'-.41-1..,:''1,.!lil ;':i: i/r (DIUJc0-ELUIJctslf.iZ:JCHEOl*:J:665
---"44n?en666
iseiSor6palo;4,-, "--1 i (D667
Policy Review: Change of Ground Floor FFL to BFE+Z or +3Case Study i,.Eyi4.eo14CONDITIONS - CUBBENT. BFE+2 AND +3ADAPTATION OF GROUND FLOOR FFLNo,-JIo,c!il:;onl./lTutlrrlEar-trz'o!c|f,lCIm3t=@mfBASE FLOOD ELEVATION ESTABLISHED FOR THE PROJECT SITE lS +6.45" NAVD.CURRENT STRATEGYiO STOREFRONT FULL HEIGHT GLAZING FOR HIGH-END RETAIL AND FOOD+BEVERAGEo PROVIDE FLOOD PANELLING SYSTEIV]o FFlls FOLLOW CROWN OF ISLOPINGI BOAD - PLUS 4" FOR GOOD PRACTICE.BFE+2':FFL CHANGES TO +8.45' NAVDl= +2.75'lBFE+3':FFL CHANGES TO +9.45' NAVDt= +3.75'lRAISE BUILDING TO MAINTAINCLEAR HEIGHTS IN RETAIL SPACES:BFE+Z': +2.75'BFE+3': +& i, 'i L r,i ll.ti:,1,/':iPlorredPr.ogre,5.F668
Policy Review: Change of 6round Floor FFL io BFE+2 or +3#+?ir?'$t)+ B FE+ 2 AN D +3CURRENT CONDITION:o STEPPED GROUND FLOOR SLABo FFL,S FOLLOW CROWN OF ISLOPING] BOAD PLUS 4" FOB GOOD PRACTICE,o PBOVIDE FLOOD PANELLING SYSTEM- * CURBENT DESIGN LEVELSRETAILZONESB&CRETAIL ZONE ANA,7o,In,+o-n{.onmILilEIortrz.ltrnxoI6m35@mfGROUND FLOOR AT BFE+2:o SLAB NOT STEPPINGo BUILDING MOVES UP 2,75, TO MAINTAIN CEILING HEIGHTGROUND FLOOR AT BFE+3:o ,SLAB NOT STEPPINGo BUILDING MOVES UP 3,75, TO MAINTAIN CEILING HEIGHTVARIES MIN 1 1'NOTE:CURRENT DES GN DIAGRAMS NOT TO SCALE FOB lLLUSTRAT]VE PURPOSES ONLY669
Policy Review: Change of Cround Floor FFL to BFE+Z or +3Case SIudy r4*y14.2014CTIRRENTNA,7o,IA}7'!.rDnt,;EilEorrzEEn)oclm3G'mICONDITIONS: STFATEGY 182 - BFE-2TYPICAL SECTION AT RETAILSTRATEGY 1STRATEGY 28FE+2'AFECURRENTOESIGN LEVELr '. a ----- f a0'00'NAVOI a^rsel sto.*^.- jLEVEL CHANGE WTHIN RETAIL SPACE:+ SIDEWALK MAINTAINED AS EXISTING. LOSS OF WNDOW DISPLAY AREA. RETA L EACADE REQUIRES RE.DESIGN- LOSS OF RETAIL FLOOR AREA DUE TO RAII4PS ANO STAIRSASCEND AND DESCEND BETWEEN RETAIL UNITS. . STAIR/ RAMP REOI] RED FOR EACH RETAIL tINTNOTE:CURBENT DESIGN DIAGRAMS NOT TO SCALE FOR ILLUSTRATIVE PURPOSES ONLYLEVEL CHANGE AT SIDEWALK:+ LEVELAPPROACH BETWEEN RETAIL UNITS+ NO LOSS OF WNDOW DISPLAYAREA+ RETA]L FACADE DESIGNAS CURRENT+ NEW TANDSCAPED WALKWAYREDUCED SHOP VISIE L TY FROM STREET LEVEL. ASCENDAND DESCEND RAISED SIDEWALKAT F XED POINTS" PEDESTRIAN THROUGH TRAFFIC I\,IUST ASCEND TO WALKWAYlD 1,: ; i r:.,r, *.[,4 i'],.:PlorredProgr-e*s670
Policy Review: Change of Ground Floor FFL lo BFE+2 or +3Case Study Mtsy14.e014Nt\,7oIo*CLn:;onUTT[:,1l.r IEortrz1fl>nxo!..lm3=80m:ECONDITIONS: STRATEGY 1 S 2 - BFE+3TYPICAL SECTION AT RETAILSTRATEGY 1STRATEGY 2EXISTINGRETAIL UNITO LEVELSRAILINGBFE+3BFECIJRRENTLEVEL CHANGE wlTHIN RETAIL SPACE:+ SIDEWALK MA NTAINED AS EXISTING. LOSS OF WNDOWDISPLAY AREA- RETAIL FACADE REQUIRES RE.DESIGNLOSS OF RETAIL FLOOR AREA DUE TO RAMPS AND STA RSASCENDAND DESCEND AETWEEN RETAIL UNITS. STAIR/ RAMP REOUIRED FOR EACH RETA]L UNITNOTE:CUBHENI DESlGN DIAGRAMS NOT TO SCN LE FOR ILLUSTRATIVE PUBPOSES ONLYLEVEL CHANGE AT SIDEWALK:+ LEVELAPPROACH BETWEEN RETAIL UNITS+ NO LOSS OF WNDOW DISPLAYAREA+ RETAIL FACAoE DESIGNAS CURRENT+ NEWLANDSCAPEO WALKWAY- REDUCED SHOP VISIBILITY FROM STREET LEVEL. ASCENDAND DESCEND RAISED SIDEWALKAT FIXED PO NTS. PEDESTRIAN THROUGH TRAFFIC MUST ASCEND TO WALKWAY671
Policy Review: Change of Ground Floor FFL to BFE+Z or +lCase 5l'ud5r ivray j4, zor4CONDITIONS - CURRENT, BFE+2 AND +3CAR ENTRY RAMP/ 5PACES BELOWENTRY RAMP DIAGRAMMATIC SECTION - CURRENT DESIGN+22 20NA,JA,Io,*a-n{.onUITt!:Jl..lEortrz1f,EclEC]mEECEmTSTEEPER RAMPINCLINATIONENTRY BAMP DIAGBAMMATIC SECTION - RAISED GROUND FLOOR FFL TO BFE+2'*.;,: - -! KtrcHtN tJi srosaceI AREAFSTEEPER RAMPINCLINATIONNOTE:* * CURRENT DESIGN DIAGRAMS NOT TO SCALE . FOB ILLUSTNATIVE PURPOSIS ONLYJ.-*--i r ili.fioI KITCHEN II STORAGEENTRY RAMP DIAGRAMMATIC SECTION - FAISED GROUND FLOOB FFL TO BFE+3'PlornedPrcgre,.r;672
Policy Review: Change of Ground Floor FFL to BFE+2 or +3Case 5lud1r &1ay14,i014IM PACTCONSULTANT WORK AFFECTED & CO5T IMPLICATIONNtU7o,I(1,+c\n7.t/lTLUHortrZ-\lnxntrlomtu,mnIBUDGETl COST IMPLICATIONITEMS INCLUDING BUT NOT LII\4ITED TOo ADDITIONAL.,,o DRAINAGE PROVISIONSo RETAINING WALLSo STEM AND FOUNDATION WALLSo STEPS, MMPS, GUARDRAILSo FILLo PLANTERS AND VEGETATIONo PILE EXTENSIONSo PLUMBING EXTENSIONSo NEWCONNECTIONS TO EXISTING INFRASTRUCTUREWATER, SEWER, ELECTRICAL]UNFORESEEN CONDITIONSOVERHEAD&PROFITCONTINGENCYCONSULTANT WORK AFFECTEDITEI\,1S INCLUDING BUT NOT LIN4ITED TO:STRUCTURAL ENGINEERo SLAB ON GRADEo FOUNDATIONS/ PILINGo COLUI,NSo VOLUMEo STAIRS, RAMPSo STOREFRONT INTERFACEo RETAINING WALLSBUILDING DESIGNo SIDEWALKSo STOREFRONT INTERFACEo GROUND FLOOR LAYOUTSo PLAZA GRADjNGo PLAZA INTERFACE WTH EXISTING BUILDINGSo STAIR EXTENSIONSo COLUMNSISTAIRS, RAMPS, ELEVATORSIo CAR ENTRY RA[,PCOST CONSULTANTo ADDED SCOPEo ADDED VOLUI,EMEP/ FIRE CONSULTANTo PLUIVIBINGEXTENSIONSLANDSCAPE DESIGNo HARDSCAPE PL,AZA+ LIBERry AVEo SIDEWALKSo PLANTERSCIVIL ENGINEERo GRADINGo PLAZA+SIDEWALKDMINAGEo UNDERGROUND STREET UTlLlw CONNECTIONSlD .. ;. , rir .{ :!oooPlo673
RESOLUTION TO BE SUBMITTED
674
THIS PAGE INTENTIONALLY LEFT BLANK
675
COMMISSION ITEM SUMMARY
Intended Outcome
Item Summary/Recommendation :
Horizon was issued the second Notice to Proceed on May 4,2009, and was scheduled to perform the work
within 577 calendar days, plus an additional 166 calendar day time extension for additional work. Horizon
achieved Substantial Completion of the Project in March 20'11, and Final Completion in May 2011, in
accordance with the established Contract Time. On October 25, 2011, the City received a claim letter from
Horizon requesting a mediation conference to resolve outstanding claims relating to the Contract. Horizon's
Mediation Statement and Summary in the arnount of $'1,724,733.44, was submitted in December 2011 and it
included the following claims:
1) Dewatering lmpacts
2) Pipe Testing Criteria Changes
3) DERM Tree Permit lmpacts
4) Contract Drawing Changes & Unpaid Changes
5) Undisputed Retainage; Prompt Payment Act lnterest
On January 6,2012, the City and Horizon, met for mediation, which resulted in an lnterim Settlement
Agreement which addressed the above mentioned claim items # 4 in parl and item # 5 in full. The settled
amounts are reflected in the Supplement to lnterim Settlement Agreement (Exhibit C). ln addition, the City
agreed to review and discuss the remaining claims until impasse or resolution/settlement.
The City hired engineering consulting firm Corzo Castella Carballo Thompson Salman, P.A (C3TS),
reassigned to and now known as Stantec Consulting Services lnc. (Stantec), to perform an impartial
professional analysis and delermine the validity of the remaining claimed items.
On March 5,.2012, a second .mediation meeting was held to dlscuss the remaining claims. The settled
amounts are reflected in the Supplement to lnterim Settlement Agreement previously referenced. The
Contractor and the City came to an impasse on items # 1,#2, # 3 and part of # 4.
Several months later Horizon submitled addilional information and data substantiating the claims previously
denied. The City tasked Stantec with the review of the supplemental information received from Horizon.
On March 20, 2014, a final negotiation meeting was held between the City and Horizon where they agreed to
a full and final setllement of all Contractor claims for damages against the City for the Scope of work
pertaining to the Neighborhood 12 - South Pointe Phase ll Project, in the total amount of $490,000 (see
Exhibit D).
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION
Board Recommendation:
Financial
Clerk's Office
AGEI{OA ITEU
OATE
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute A Settlement Agreement And Mutual Release Between
The City Of Miami Beach (City) And Horizon Contractors, lnc., (Contractor) ln The Amount Of $490,000 To
Settle All Outstanding Claims Pertaining To The Neighborhood 12 - South Pointe Phase ll Project; Funding
For The Final Payment To The Contractor ls Subject To The Sth Amendment To The Capital Budget For
Fiscal Year 2013114To Be Presented AtThe June 1'|,.2014 Commission Meeti
Build and maintain infrastructure with full accou
Su Data (Survevs. Environmental Scan. etc.l: N/A
Source of ..
Funas: D)--,Amount Account
1 $490,000 389-2332-069357u f1u 2
OBPI vl Total
Financlal lmpact Summary:
$490,000
E MIAMIBEACH 676
E MIAMI BEACH
Ciry of Miomi Beach. 1700 Convention Cenier Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUBJECT: A RESOLUTION OF THE MAY
OF MIAMI BEACH, FLORIDA,
MAYOR AND CITY CLERK TO
NG AND AUTHORIZING THE
CUTE A SETTLEMENT AGREEMENT
AND MUTUAL RELEASE BETWEEN THE CtTy OF MtAMt BEACH (CtTy)
AND HORTZON CONTRACTORS, tNC., (CONTRACTOR) lN THE AMOUNT
OF $49O,OOO TO SETTLE ALL OUTSTANDING CLAIMS PERTAINING TO
THE NEIGHBORHOOD 12 - SOUTH POINTE PHASE II PROJECT;
FUNDING FOR THE FINAL PAYMENT TO THE CONTRACTOR IS SUBJECT
TO THE sTH AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR
2013114 TO BE PRESENTED AT THE JUNE 11, 2014 COMMTSSION
MEETING.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution
KEY INTENDED OUTCOME SUPPORTED
Build and maintain priority infrastructure with full accountability
FUNDING
Amount
$490,000.00
BACKGROUND
On December 10,2008, the CityCommission approved the award of a construction contractto
Horizon Contractors, lnc. (Horizon) in the amount of $7,683,901, for the construction of the
Neighborhood 12 -South Pointe RDA Phase ll Right of Way lnfrastructure lmprovement Project.
During the construction of the project, additional scope of work including the 3'd Street
lmprovements between Michigan and Washington Avenues, and a 12-inch water main along 4th
Street between Lenox Avenue and Washington Avenue were added to the Project, increasing
the Contract amount to a total of $9,581,624.
AND CITY COMMISSION OF THE CITY
Account Number
389-2332-0693s7
677
Commission Memorandum -Horizon Construction Settlement Agreement
Page 2 of 4
The Project limits include the area bounded to the north by Sth Street, to the south by 2nd Street,
to the east by Washington Avenue and to the west by Alton Road. The Project scope of work
included the replacement of existing water lines within the alleyways and along 4th Street; the
installation of new storm water infrastructure throughout the project area; streetscape
improvements, including pavement and hardscape; traffic calming measures such as bump-
outs; enhanced pedestrian access; landscaping and irrigation; pedestrian lighting and parking
improvements.
ANALYSIS
Horizon was issued the second Notice to Proceed on May 4, 2009, and was scheduled to
perform the work within 577 calendar days, plus an additional 166 calendar day time extension
for additional work. Horizon achieved Substantial Completion of the Project in March 2011, and
Final Completion in May 2011 , in accordance with the established Contract Time.
On October 25,2011 , the City received a claim letter from Horizon (Exhibit A) requesting a
mediation conference to resolve outstanding claims relating to the Contract. Horizon's
Mediation Statement and Summary in the amount of $1 ,724,733.44 (Exhibit B), was submitted
in December 2011 and it included the following claims:
1) Dewatering lmpacts
2) Pipe Testing Criteria Changes
3) DERM Tree Permit lmpacts
4) Contract Drawing Changes & Unpaid Changes
5) Undisputed Retainage; Prompt Payment Act lnterest
$ 467,090.40
$ 701,098.30
$ 60,725.45
$ 179,296.96$ 316,522.33
$1,724,733.44
On January 6, 2012, the City and Horizon, met for mediation, which resulted in an lnterim
Settlement Agreement which addressed the above mentioned claim items # 4 in part and item #
5 in full. The settled amounts are reflected in the Supplement to lnterim Settlement Agreement
(Exhibit C). ln addition, the City agreed to review and discuss the remaining claims until
impasse or resolution/settlement.
The City hired engineering consulting firm Corzo Castella Carballo Thompson Salman, P.A
(C3TS), reassigned to and now known as Stantec Consulting Services lnc. (Stantec), to perform
an impartial professional analysis and determine the validity of the remaining claimed items.
On March 5, 2012, a second mediation meeting was held to discuss the remaining claims.
The settled amounts are reflected in the Supplemenl to lnterim Settlement Agreement
previously referenced. The Contractorand the Citycame to an impasse on items #1,#2,#3
and part of# 4.
On February 2013, Horizon submitted additional information and data substantiating the claims
previously denied. The City tasked Stantec with the review of the supplemental information
received from Horizon.
On March 20, 2014, a final negotiation meeting was held between the City and Horizon where
they agreed to a full and final settlement of all Contractor claims for damages against the City
for the Scope of work pertaining to the Neighborhood 12 - South Pointe Phase ll Project, in the
total amount of $490,000 (see Exhibit D).
678
Commission Memorandum -Horizon Construction Seftlement Agreement
Page 3 of 4
The result of claim reviews and subsequent meetings between Horizon, City staff and Stantec,
as well as the final negotiated amounts are depicted below and listed in Exhibit E - Summary of
Horizon Claim Settlement.
1) Dewaterinq lmpacts
Horizon's contract required the installation of the stormwater syslem in dry conditions and
maintaining the groundwater levels below the bottom of excavation. During the Miami Dade
County Depa(ment of Environmental Resource Management (DERM) Dewatering Permit
application process, several areas within the project limits were determined to be
contaminated. Consequently, Horizon was unable to obtain a dewatering permit despite the
efforts of both the City and Contractor. As such, Horizon proceeded with the installation of
the stormwater system "in the wet", by implementing additional crews to complete the
installation of the pipe on schedule.
The Project Baseline Schedule submitted by Horizon together with their bid accounted for
141 crew shifts (crew work days), at the end of the installation, Horizon had utilized 241
crew shifts to complete the stormwater system installation. Horizon claimed the amount of
$467,090 for costs associated with the additional crew time.
The January 6, 2012 and March 5, 2012 mediations resulted in an impasse on this item.
Following review by City staff and Stantec of the supplemental documentation submitted by
Horizon, after the previous mediations, it was determined that additional crew hours were, in
fact, utilized to complete the project on time. The total claim amount was negotiated down
to $189,871 .
Pipe Testinq Criteria Changes
At the time of Bid issuance, the stormwater pipe testing criteria required infiltration testing for
only pipes with the crown of pipe below elevation 2.28 Bay Datum, which excluded
approximately 25 percent of the installed pipes from required testing. Following the
installation of the stormwater system, the pipe testing criteria was revised by the City to
include testing of all pipes for infiltration, as well as, testing during high tide regardless or
pipe depth.
Horizon's claim in the amount $701 ,098, was for pipe cleaning efforts due to excessive
siltation of the pipes resulting from the "in the wet" installation. This item resulted in an
impasse atthe January 6,2012 and the March 5, 2012 mediations.
Following review by City staff and Stantec of the supplemental documentation submitted by
Horizon, it was determined that additional effort resulted from cleaning of "in the wet"
installed pipes and the new criteria stipulated by the City. The total claim amount was
negotiated down to $264,294.
DERM Tree Permit lmpactsA DERM tree permit was also required for Horizon to complete the landscape
improvements. Horizon claims that due to issues outside their control, the required DERM
Tree Permit could not be obtained, therefore causing project delays.
The January 6, 2012 mediation resulted in the relection of this claim. ln a subsequent joint
review by City staff and Slantec this claim was also rejected.
2l
3)
679
Commission Memorandum -Horizon Construction Settlement Agreement
Page 4 of 4
4) Gontract Drawinq Chanqes. Unpaid Chanqes. Unforeseen Conditions & Conflicts
This claim was partially addressed at the January 6, 2012, lnterim Settlement Agreement
with Horizon. The outstanding issue on this claim pertained to Contract Drawing Changes.
Shortly after the award of the Project, the City revised the plans and specifications, adding
certain scope of work, including Revision 4, which consisted of parking reconfiguration on
Jefferson Avenue and certain storm drainage revisions. On February 9,2010, Horizon
provided the City with a proposed change order in the amount of $63,596, for the costs
associated with this revision. The change order request was rejected by the City as there
was not sufficient back-up documentation at that time to substantiate the proposed change
order.
The portion of this claim related to Revision 4 changes resulted in an impasse at the
January 6,2012 and the March 5, 2012 mediations. ln a subsequent joint review by City
staff and Stantec of supplemental documents submitted by Horizon this claim was
negotiated down to $35,835.
5) Undisputed Retainaoe: Prompt Pavment Act lnterest. Contract Balance
As a part of the January 6, 2012, lnterim Settlement Agreement Horizon was paid the
negotiated amount of $307,272.
The total amount of the Final Settlement Agreement of all claims for damages against the City
for the scope of work pertaining to the Neighborhood 12 -South Pointe RDA Phase ll Project is
in the amount of $490,000.
CONCLUSION
The Administration recommends that the Mayor and Commission adopt the Resolution
Approving and Authorizing the Mayor and City Clerk to execute the Settlement Agreement and
Mutual Release between the City of Miami Beach and Horizon Contractors, lnc., in the amount
of $490,000 to settle all outstanding claims pertaining to the Neighborhood 12 -South Pointe
Phase ll Project; Funding for the final payment to the Contractor is subject to the Srh
Amendment to the Capital Budget for Fiscal Year 2013114 to be presented at the June 11,2014
Commission Meeting.
ATTACHMENTS:
Exhibit A - Horizon's Claim Letter
Exhibit B - Horizon's Mediation Statement and Summary (Summary and Conclusion only)
Exhibit C - Supplement to lnterim Settlement Agreement
Exhibit D - Final Settlement Agreement
Exhibit E - Summary of Horizon's Claim Settlement
JLM/MTiDM/MS/CD
T:\AGENDA\2014Uune\Horizon Construction Settlement Memo.doc
680
RECEI\trIERSON 8E ESPINO, P.A.
MrcraELP.IErBsoN ^.. .t- r o ATTORNEIS AT LAv
ALEIANDRoT*INo' t I ICI 26 f loatruslr**,* BBth Strcct. Suitc 220I*tH"o3*.--".
,.,r v aIT0RRLYs oFFtQfir-i rtorida 33176
ur r r "' ' TeI (30r 270iV3.Far(305)u3-7410
Exhibit
DA\mI.I. I{ALLEY. P.E.
Da,trEt I. MuNIrr.A
MAr{ITEWMARA}IGEs
October 25, 2011
lvfs. Rhouda Montoya-Hasan
City ofMiami'Beach
Office of thc CityAttomey
1700 Couvention Center Drive
Miami Bcacl, FL 33139
RE: Cify of Miami Beach Right-of-Way Inf;a,1tructure trmprovemeot Program,
Neighborhood 12 - SoutbPoiate RDA Phas€ tr Projecq
Our File No.: 305-007
Dear Roude
This fiflo reprcscnts Horizou Coutracbrs, Inc. C1lorizon") with rcgard to the above-
referenced project- Horizon iDstr'uc'ted that we submit this denand for mediation to you in
accordance wit} its contact with tbe City ofMiami Bcach (thc "Cit/).
Pursuaot to Section 12, Resohrtiou ofDisputcs, Article 12.2 ofthe Geueral Coaditions of
the pdae contact entercd by Hor.izon aad the City, Horizoa hereby demaods a mediation
conf=encc to resolve tbe below contoversies or claimc irising orX of or rclating to the coutract
or tbe b,reach thereof. The followiog claims oi cortroversies remain outstandiig, despite
Horizoo's efforts to resolve tl.ese issues short of uediatioo. The clains or controversies to be
mcdiated iaclude:
' Inability tir Acquire DERrV Tree Removil Permit - Horizou applieil for a tee
renoval pe it with DERM. Howwer, DERM rejected the permit applicatiou
becalse the City bad nurerous other such permits opea Addilion4lln the design
docr:mcnb neeiled to bc modified to iaclude additional iaformatioa. Thc delay of
approximately 70 days affected Horizon's wodr, inchrding clearing and grubbing
operations.
. Inability to Dewater - Horizou applied for a dewatcring permit with DERM.
. [Iowever, DERM rejected the pemit applicatioa because of contamirated
grormdwder.
Via Elzctronic A AS Mail
o The lac! of a dewatering permit required Horizon to install the r*ilities in the
wet, inpacting the productivity of its crews, exleading the timc for such wodc,
iocteasing the cost of such work and rcquiring additional work and effort to seal
thpjoints of the pipe.
681
Mq. KIoEda Montoya-Hasatr
October 25, 2011
Page 2
o Furthemore, &u'ing this scope of worlg Horizon discoverrd nunerous exisiing
utilities that were not identitred in the plans, causing further disnrptions to its
scope of work aad increased tirne and costs.
o Additionally, Horizon incurred additional costs for testing and cleaning of the
pipe. The City changed the testing criteri4 requiri:rg bay datum and testhg at
high tide only, and also required the testing of a greater amornt of pipe. Such
requirements were not included in the contract and/or required by indusbry
standards aad practices. Tbe inability to dewater caused additiooal siltatioo and
sedimentation to collect in the ptpe, thus increasing the cleaning costs for the
Plpe.
Unpaid Supplemental AgreemeutVChange Orders - [o late 2009, Horizon
submitted a supplemental agreement/change order to the eo.gineer of record for
unforeseen conditious, design errors and owler-rcquested modificatioos. Oo
about Febnrary 10, 2010, the EOR recommended by letter that the City execute
the change order, and the EOR itself exeqted the change order. It is Horizon's
understarding that the City in fact executed the chaage order, but Horizoa bas oot
been provided a copy of thc firlly cxecuted changc ord*. The partics had agreed
r.rpou a value for the cha:rge onder, but since it was uot paid by the City, Horizon
is scekiag thc fulI value of its orieinal Foposed change order of $103,981.19, plus
iilerest.
Revision #4 Chauge Order - Shortly after bid" the City revised the plans and
specifi.cations, adding certain scope and reducing the scope of certain work
Horizon submited a request for change order regardiog the additional costs
associated with the revisions. The City uailaterally determineil tlat there were no
additional costs associated with the rwision and rejected the change order.
Horizon seels payment for the additional costs ioctmed.
4th Street Water Main Delay- Ilorizoa was impacted by delays/damages
associated with the constant breakrge, repat, and ultioate replace'nreat of tbe
wata main along 4s Streeq Aom Jefferson Court to \Mashington Avenue.
Water Main Tie In/Shutrlown Delays - At the commencemert of the projec!
the Public Works Departnreot requested and establish the procedures for
requesting aod performing a water-main sleutdown. However, tlroughout the
course of the project the City, padicularly the Public Works Deparheng change[_
those procedures from whnt was ori grnal lllestablished. Oo many occasions, the
lack of timely response by the Public Worls resulted il Iong dclays. repetitive
unnecessary work performed and costs to the project.
Payment of Contract Balances & RetaiaagelDelays in Project Closeout -
Horizon requested the release sf lsxoeiniig ret2inage via payment requisition 22
682
tvl$. fi.oonoa Mooloya- Har an
Ootober 25, 201I
on July 15, 2011. The EO& the City's project Eranager aad the City's senior
project manager all approved the release of the remaining retainage. However,
the City has failed aad refirsed to release the retainagg and Horizon has requested
payfleDt of interest for its failure to pay. Horizoo has also incuaed additional
o(penses as a result of the City's fiilre aad refisal to close the project Lastly,
the City still owes Horizoa payment for coutract balances.
. Finalize City's Desirc to Complete Laurlscaping and Irrigation Punchlist
items due to the Cityrs Desire to Moilify Associrted Landrcaping and
Irrigation Desigu - The City is$red final completion for all areas of work ercept
for ccrtain landscapiog and irrigation items. The City indicated that it intended to
modifr the design of certain lantlscaping aod irigatiou items on the project.
Therefore, it deternj!.ed that it would seek a credit from llorizou for puncblist
iteos associated with those areas, and the City would redesip and modi& those
areas undq separate codracts. These issues need to be addressed and resolved so
that the project canbc closed out.
. Violation of Prompt Peyment Act - Throughout the course of the project the
City failed to makc payneat in accortlance with the time requircmeots of the
Prompt Papr.ent Acq thcreby incuning liabitity to Horizoo for itrtp.rest al 1.5%
per month.
Horizon previousiy requested meetings to eiscrxs these claims and contoversies. On
several occasioas thesc issues have beeo discussed, and oa numerous occasiotxr the City has
agreed that Horizca is entitled to additional comperuation for some of these claims and
coatroversies.
Horizon hopes that the City shares iu Horizou's desire to resolve these claios and
controversies ernisably without ftre ueed for litigation. Horizon recommends that the parties
retain oae of the following mediators:
1. John Freud of Mediation Solutions; .
2. BmceAlorander of Casey Cikli43. PeterBrandt of Ferencik LibanoffBraudq or .
4. MarkelAnizabalagaofK&AMediatioo
With regerrl to tbc selection of mecliators, it is of primary importaoce to Horizon to
scheduls mediation to occur within the trext sixty (60) days, Prior to mediatioo, Horizou will
provide detailed information regard.ing each of the above issues, including its damages, which at
this time are being reviewed and aoalped by a colskuction consulunl
Horizon hopes that the Citi will embrace the mediatioo process with an open mintl and
full considelation of Horizon's positioo on each of the issues ideotified above. Should the City
fail to reryond to this demand for mediatioo withit ten (10) days, Horizoa will assr:me that the
683
rvrt. \rlvuuA rYlutrlr,rJa-taasall
Odober 25, 20 I I
Page 4
Ciry is not interested in mediation and that the City rvaives the mediation cotrdition precedeot
founC in Section 12.2.
'We look fonrard to hearing &om you within the next ten (Jp) days.
Horizon Contractors, Inc.
684
Exhibit B
MEDIATION
STATEMENT
Right of Way lnfrastructure lmprovement Program
Neighborhood 12- South Pointe RDA Phase ll
City of Miami Beach
685
MEDIATION SUMMARY OVERVIEW
On 10 December 2008, Horlzon Contracto6 lnc. ("Horizon") was awarded a contract with the City of
l,Iiarni Beach ('City') for a project known as City of Miami Beach, South Pointe Phase ll lnfrastructure
lmprovements. The contract amount rvas 57,683,901; and included a performance period of 577
Calendar Days. The project consists of site preparation, earthwork, demolition, storm dralnage, road
aRd walkway paving, water, liBhtrn& plantin& lrrigation, and graphics. The project is located in the area
bounded by Washington Avenue on the east, Alton Road on the west,2nd Street on the south, and 5th
Street on the north, with the exception of 3rd Street, which was part of a previous Phase I Project
The nature of the project required adequate preparation and planning on the part of the City prior to iB
release for bid. The contract requires that the contractor "maintain water lorels below the bottom of
exqa\ration in all work areas where groundwater occurc during excaMltion construction, backfilllng, and
up to acceptance of the installation,' The indusion of this contract provision in the solicitatlon would
require the CW to conduct a thorough pre-solicjtation site investigation to ensure that groundwater
contamination was not an issue as a Miami Dade County Department of Envlronmental Resource
Management (DERM) dewatering permit would be invotved. Additionalv, the proiect included planting
which would also involve DERM as a tree permit vrould be required, Finally, prior to the release of the
solicifdtion, the contrdct would requlre complete drawings that would include the Gty's desired scope
and depict the location of existing utilitles and other items that would be in conflict with the work being
installed by the contractor.
Unfortunately, despite its prFbid representations indicating othenvlse, the City failed to identify
groundwater contamination in the work area which would not allow Hori2on to perform dewatering
operations and forcing Horizon to perform work tn the wef, a more costly and time consuming work
process Pipe tes'ing criteria rvas also changed by the city, causing Horizon to test additional pipe and
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conduct the tests only at high tide. Moreover, the.Gty. rnalntained open permits that impacted
Horilon's ability to obtain the requisite oERM tree permlt, causing project delarA. Adding to fie
drawtngs issued to r;nro, n;it.'ii"i"., ,,: ;;::r;i./:
Notice to Proceed (NTP) as well as a myrlad of unforeseen conditions and conflicts not deplcted in the
Contract Documents affected Horizon in most every location ofthe project.
& conflicts.
Throughout its perfo nance of work under the contract, Horizon provided the Oty with notice of the
dewatering lssues affecting the proiect, the pipe testing criterla changes and their heact, the 3tll1..
tree permit lssue, the scope change brought about by the Gty's revision of the Contract Drawings,.and.-
the unforeseen conditions and conflicts not depicted ln the contract drawings. Horiron ,orgl,t';;'
resolve these outstanding issues affecUng the projeG submitting timely requests for both
... r.; "..j i-.;.:..r, ,
compensatr'on and addiuonal contract tlme ln accordance with the contract documents. To date, these
issues remain unresolved. On 25 October 2011,.Pursuant to Section 12, Resolution of Disputet Article
. lrjJ, j nj aiiJ
12.2 of the General Conditions of the prime contrast entered by Horlzon and the City, Horizon
ril:-!.rti
demanded a mediation conference to resolve all outstandlng controversies or clalms arlslng out of or
relating to the contract Through this Mediaton Surnmary Horizon submits supporting informatioi'
relating to these issues in advance of the mediation conference to assist the Mediator and the City In its
understanding ofthe merlts of Horluon's demand,
This N4ediation Summary addresses the following five unresolved issues on the project:
1) Dewatering lmpacts
2) Pipe Testing Criteria Chq$T
3) DERM Tree Permit hpacts
4) Contract Drawing Changes, Unpaid Changes, Unforeseen Conditions
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5) Undisputed Retainage; Prompt Payment Act lnterest, Contract
J: Balance.
',: 'ti(,te: TtE iaen6 identiled in Hottton\ medio 'on equest orc consofidoted intothe obovefNe cotegodes.
f,
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Sections of the wlediation Summary include references to corespondence, applicable specification'
ii sections, dally reports, change order requests, requests for lnformatlon (RFfs), drawings, photographs,
:1:i,
, zs well as the Project Schedule- since the Summary is document intense, the electronlc version ofthe
:.,''J document includes "hyperlinks' ouflined in blue boxes that are directly linked to referenced items.
: Slmultaneously depressing the 'AIt' key and the "teft arrow' key will return you to the previous view.
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CLAIM COSTSUMMARY
1) o€rvatering lmpacts
' 2) Pipe Testing Criteria Changes
S 457,090.40
S 701,098.30
, 3) DERM Tree Permit Impacts S @,725-45
I) ql Contract Drawtng Changes & Unpaid Changes $ 179,296.95
,flAUndisputedRetainage;PromptPaymentActlnterestS316,522.33
TorAL $ t,t2+731.44
50
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Conclusion
The nature of the South Pointe proiect required adequate prepaEtion and planning on the part of the
gty prior to its release for bid. Adequate prepaEtion would include proper investigation of posslble
contaminants that could affect dewaterlnB operations. Adequate planning would include ensuring that
all OERM tree permits were up to date and all utilities and possible conflicts ldentified on the contract
drawings.
Unfortunately the project was neither adequately prepared nor planned when lt was released for bid
and awarded to Horizon. Throughout lts performancg Horlzon acted ln good faith as a reasonable and
prudent contractor, mitigatin8 the CIVS exposure to damages, placing the Oty on Notlce, and diliSently
proceeding with the contract work. Atthough some issues have been resohed such as the GVs desire
to complete landscaping and ini8ation punchlist relating to modifled landscaping and inigation desiEn,
the 5 major issues outlined ln this Mediation Statement remain unresolved. Through thls Mediatlon
Statement and through the Mediatlon process, Horilon's intention is to provide the City with all the
informa8on required so lt may make the right dedsion and brint thls mutually challenging proJect to an
equitable conclusion.
CLAIM COSTSUMMARY
Contract Dravuinl Chanaes &
4s
27
690
Exhibit C
STIPI'LEIUENT TO INTERIIVI SETTLEI\,IENT AGREEi\TENT
.AND I\DJOURNMENT BET\ryEEN HORIZON CONTILA,CTOIIS, INC. ANI)
TIIE CIl-}'OF T\IIAI}II BEACH, FLORIDA
This Supplenrent lo Interim Sctllenrent Agreetnent and Adjoumment ("Agreenrenl") is
rnade ancl entered into this 24 da;' of .ilrif 2012. b1, and bcrrvcen HOt(lZoN
CONI'RAC'IORS, INC., a Florida corporation. (hereinafier "Florizon") and the CITY OF
N'llAN'll BEACH, FLORIDA. a nrunicipal corporation (hereinalier. the "Cit)''). Horizon aud the
Citl rnal also be relbrred to individualli as a ''Part1'". and collectivel; rs the "Parries."
RECITALS
IYIIEREAS. HONZOT.N and the CITY are parties to a conslruction coutract. dated
Decenrher 10,2009 (the "Contract"). forNeighborhood 12- South Pointe RDA Phase II, Miami
Bcach. Florida (lrereinafter. the "Project"): and
\YHIREAS, Horizon assened clairns for additional conrpensation and linre against the
Citl' regarding multiple issues regarding thc construction ofthe Project: and
\\'HEREAS. as required bv the Contract. the Pa(ies attended pre-suit nrediation on
January' 6, 2012 (lhe "Mediation"l. resulting irr the execulion b1.. the Parties of an Interinr
Settlemel)l Agreenrent and Adiournrnenl (the "Interinr Settlenrent Agreement"). a copl' ol rvhiclr
is incorporated herein and is attached as Exhibir "A";
\YHERE.A.S, the Partlcs attcnded a seltlement conference on lr,tarch 5. 2012. to discuss
thc leuraining clainrs and open issues related to the Project;
$IIEREAS, the l'arlies cxecute this Agreenrent lo resol\.e certain clairns and disputes
rvhile preserving other clainrs and disputes for litigation;
NOW TIIEREFORE. in cousideration for the exclrangc of prourises containcd herein,
and lor good and valuablc cousidcration acknorvledged herein. the Parties agree as follorvs:
l. The above Recitals are true and corrcct and arc irrcorponrtcd herein.
"t,h#uaot,,,flertcr{d
691
s('PPLr.lIE',i I O I\TEP,I.\t SeT .EjtF"v 7',lC/ll!',1/1"':\',7 <r
..tLUot ltlitE,Yl BL7'trLE\ ITORI'/,()\ (:O\1'R+C1'ORS /.\r & CJr/tl
l. I'he tiitl' agrees lo pat the lollorving ilerns on or hclbrc March 20.3012 (thc
"Contract Payments" ):
a. I'}CO#6 Supplenrental 288-A. 288-BC. in lhe anrounl o15i70,079.96:
b, Pal Applioation #25. rvhich includes itcnr a. above and Retainage in the
anrount of $207,27?..64, for a total pa),nrcnt ol$277,352.60
3. I{orizon shall plovide all Final lien releases fronr its subcontractors and nraterial
suppliers to thc Cit) and lulfill all otlrcl coulractual requil'enrerlts for the final Retainagc Release
in the alrount ol 5100.000.00. Horvever, the Parties agree that the Contract Pa1'ments and
associated lien releases in no u'al.release the Citt, from anl claims for additional compensation
and tiure asserted br'l-lorizon and subnritted for lvlediation and thal such claims are presen'ed for
litigation. including the follou'ing:
a.
b.
c.
d.
Dcrvatering Lnpacts;
Pipc 'l'csting Criteria Changes:
DERM Trcc Pernrit lnrpacts: aud
Contract Drawiug Changes.
4. Tlre Parlies agree to cooperate fulli and execute anl and all supplementarl'
docurnents and to take all additional actions rvhich nral be reasonabll' necessarS, or appropriate
to give full folce and effect to the basis and intent of this Agreement.
-i. Il is understood and agreed that execr.rtion of this Agreernenl is not an cxpress or
irnplied adnrission ofnegligence. misconduct. responsibilitl' or liabilitl' on lhe part of the Cit1, or
Horizon.
6. Ilorizon agrees that it renrains lesponsible lbr any latent defects on the Proicct
and all applicable u'aranties pulsuant to the tcrnrs of thc Contract aud Florida larv.
7. l'hc l)artics agree to declare the N,tediation ar an inrpasse.
692
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8. 'l'lris Agrecnrcnt contains the entire agreenrent belrveen the Parties regarding the
clainrs raised at Ir4edi:rtion. This lgrccrnuut rcplaccs arrl prior or contctnporaucous rvrittcn or
oral rcprescntation or understanding alrout the rernrs ol this Agreentent. This Agreenrenl ma)
not bc changcd cxcept in uliting signed bl the Parties or their rcspeetive attorneys. This
Agreenrcnl shatl be binding on and shall inurc to the benefit of thc respective successors and
assi-rns. il an1'. o[ cach partr'.
9. This Agrccmcnt is being consurnnratcd in thc Statc of Florida. ancl tlrc
perfbrntance b1, the Parlies hereto is in the State ol Florida. 'l'his Asreement shall be governed
bl aud consuued in accordance rvith the larvs of the State o[ Florida. Thc vcnue for an1' legal
procccding of anl Dature brought bl eirher parr,v against the othcr to enlbrcc an1, right or
obligation uuder this Agreement. or arising our of anJ'matter pertaining to this Agreenrent, shall
be in li,liami-Dade Countr.. Florida.
10. The I'arties \\'arrant to each other that the), have read this Agreement. lhat the)'
underslaud this Agreenrent and that eaclr have been represented bv counsel belbre signing this
A-rreerneut,
IN Utll'NESS \\'llEREOt. the Parries havc set thcir hands and seais on tlre dav aud clate
tirst rvritlcrr abovc-
Ho
B)':
N CONTRA
Attcst:
Title:
Q,-z-
693
SL P P LE,IIE}iT O I,\'TERI.V SEN' LE,II ENI' AG REE.II EXI' &
.1 DJO L, Rv T I E \ T B ET'I'' E E i\ H O R I ZO I' C'CI.\T&{ CI.O&X I )i C & C.I I B
STATE OF FLOzuDA
COLINTY OF IVTIAIVII-DADE
The foregoing instrument
Print Name
STATE OF FLORTDA
COUNTY OF lvllAMI-DADE
20t1
personally kno*n
identit'ication).
)
)ss
)
rvas acknowledged
rvho has produced
before me this -tlSaay of.Vlarch 2012,by
V',o o-- P..-slD*ol Horizon
is personally known to me or who has produced
(type of identifi cation).
My Commission Expires: lo - tE-- rE
Aftest:W
DAriL t4lr&'t, t}iL.
)
)ss
)
The_foregoing rvas pcknorvledged before me this 3'Q' aul' o1 ,/u-<
A r! J/.za-a4.r Beach, rvho ts
of(type
APPRO/EDASTO
FORM & LANGUAGE
TFOREXECUTION
,l- a\6lL
G,E,;Ig-
-
Notary Public - State of Florida
(Print Name)
Irll Ctrrnmission Eripires: Ct- 3t - 3t" i{
694
In Re:
Horizon Cont.ractors ,
CIaimanL,
City of Miami Beach,
Inc . ,
Respondent.
The parties and./or counsel, witsh fuII authoritsy,
agree t.o settlemeDt of the abowe referenced matstser
and conditions :
in'ler;'n
SETTIJE!.IENT AGREEME!f,I j A,/j oararnen r
voluntarily consent and
upon the following t.erms
r-. within t/ *", RespondenE (s)
shall pay Claimant (s)
the toti- amourrt "t.* -r+ - zg?'L
check(s) made payable and dblivered to claimant (s)' as follows I Lt/- l7e)t)
4
Each party and/ or tsheir counsel- shall pay thei-r share of the
tttediation fees and costs. The Court. shal1 reLain jurisdiction to
enforce the terms of this setstslement/ including enforcements of
Che palment of med.iation fees and costs.
Courrsel for Claimant (s)
g. /// o tArr I /a ;*'J
/ i6o,ss; sa /nfll im 2attt o/
lrrt at'aia7 2r,,{iV fo, {'rlAer
P sa /,,1 to ^ /sr ?ilr,ry a f(.
. agreement / satis fact.ion or re!liens of any
related to,, tshe subject maLtser of Lhe insand, a voluntary dismissal of aIl- cl-ai-ms, wi
695
\Di\i.{r\\$s$ir\'/^l-l{$I$f-\l\-ld\Ni696
City of Miami Beach, South Pointe, PH llsupplemental CO Breakdown with lnterest calculations01.11.2012Netotiated $s 7,635.895 8,4LL.76S 9,1r.8.1s5 3,440.4ss 23,653.19S 8,78s.s4s 5r,054.96SupplementalA-FSupplementalG-RSupplemental s-ADSupplemental AE-AFSupplemental AG-ASsupplemental AT-BCBase CO Amount:lneterestYear 1:lnte rest Year 2:Part. lnterest Year 3:Submitted(Used City Date on CO)0slL6/2OO907 /0e/200908112/200908/ 17l20o909/7712OO9r0lL6|2OO9To be Paid By(30 Doys Later)06/Ls/200908/08/200909lfil2Oo909/16/2009to/L7l2OO9t7lLsl2009sss$s51,054.957,326.608,705.792,939.L279,s26.46lnterestYear 1 I lnterest Year 2 | Part. lnterest Year 3(through 2070) | (throush 2017) | (tbrough Janudry ZO72)s 915.31 06/1sl2010 | S r,026.26 o6hs/2ol7l 5 670.4ss 1,009.41 08/08/2010 ls 1,130.s4 08/08/20111 s s27,s9s 1,094.18 09/xu2010 I sL,22s,48 09/1712OL1,1 5457.5r09/15/2010 | s$ 412.8s 09/15/2010 | S 462.40 oe/r6l2}LLl g r72.6ss 2,83e.s8 70177/2070 | $ 3,780.33 to/L7lzOLLl g 8e0.49$ 1,0s4.26 rl/7s12010 ls 1,180.78 r1l1sl2o11lS 220.4r7697
Exhibit D
SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN
HORIZON CONTRACTORS.INC. AND THE CITY OF MIAMI BEACH. FLORIDA
This Settlement Ageement and Mutual Release ("Agreement") is made and entered into
this _ day of _,2014, by and between HORIZON CONTRACTORS, INC., a
Florida corporation, (hereinafter "Horizon") and the CITY OF MIAMI BEACH, FLORIDA, a
political sub-division of the State of Florida (hereinafter, the "City"). Horizon and the City may
also be referred to individually as a "Party," and collectively as the '?arties."
RECITALS
WHEREAS, Horizon and the City are parties to a construction contract, dated December
10, 2009 (the "Contract"), for Neighborhood l2-South Pointe RDA Phase II, located in Miami
Beach, Florida (hereinafter, the "Project");
WHEREAS, Horizon asserted claims for additional compensation and time against the
City pertaining to the Project;
WHEREAS, as required by the Contract, the Parties attended pre-suit mediation on
January 6, 2012 (the "Mediation"), resulting in the execution by the Parties of an Interim
Settlement Agreement and Adjoumment (the "lnterim Settlement Agreement"), a copy of which
is incorporated herein and is attached hereto as Exhibit "A;"
WIIEREAS, the Parties attended settlement conferences on March 5, 2012, and March
20,2014, respectively, to discuss the remaining claims and open issues related to the Project;
WHEREAS, the Parties desire to settle all claims, disputes, past, presenl, or future
regarding the Project. regardless ofresponsibility; and
WHEREAS, the Parties believe it would be in their best interests and the best interests of
the citizens of the City to agree to the provisions of this Agreement.
NOW THEREFORE, in consideration for the exchange of promises contained herein,
and for other good and valuable consideration, the receipt and suffrciency of which are hereby
acknowledged by the Parties, the Parties agree as follows:
I . Recitals: The above Recitals are true and correct and are incorporated herein.
2. Settlement: The Parties hereby settle and compromise all claims of any kind or
nature (including any claims for attomey's fees and costs), relating to, arising out of and/or in
connection with the Project, except as set forth herein.
698
3. Settlement Terms: In consideration for the releases executed herein, the Parties
agree as follows:
(a) The City agrees to pay Horizon the sum of Four Hundred Ninety
Thousand Dollars and 00/100 ($490,000.00) (the "Final Payment").
(b) The City will seek to place this item on the Agenda for the City
Commission Meeting following the approval of the Agreement in form and
correctness by the City Attomey.
(c) Subject to the City Commission's approval of this Agreement, the Final
Payment shall be made by the City within thirty (30) days following City
Commission approval and execution by the City of the associated Resolution
approving such settlement.
(d) As a condition precedent to the City's Final Payment, Horizon shall
fumish to the City, for review and approval, digital copies of the Water Main,
Storm Water Drainage and Electrical as-built drawings for the Project, in pdf
format and in the latest version of CAD. Horizon shall also submit to the City, for
review and approval, 11" x 17" paper copies of the Water Main and Storm Water
Drainage as-built drawings for the Project, signed and sealed by a Florida-
licensed Professional Land Surveyor.
4. Releases: In further consideration of the execution of this Agreement, the Parties
for themselves and their respective parent compmies, subsidiaries, divisions, affiliates, unit
owners, insurers, officers, directors. agents, employees, subcontractors, representatives,
successors and assigns (the "City Releasors" or "Horizon Releasors" as the case may be), hereby
execute, subject to the conditions and exclusions set forth in this Agreement, the following
Releases:
(a) Horizon Releasors' Release of Cit), Releasors:
Upon payment of the Final Payment by the City, the Horizon Releasors hereby remise,
release, acquit, satisfy and forever discharge the City Releasors, which throughout this
Agreement includes, but is not limited to, its affrliates, Commissioners, insurers, sureties,
directors, officers, employees, agents and attorneys, together with its heirs, executors,
administrators, associates, representatives, successors and assigrs, of and from any and all
manner of past, present and future claims, action and actions, suits, debts, dues, sums of money,
accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements,
promises, variances, trespasses, obligations, damages, judgments, costs, expenses, cause and
causes of action, executions, claims, liabilities, and demands whatsoever, in law or in equity,
699
whether for compensatory, punitive, or other damages (collectively referred to in this Paragraph
as the "Claims"), which the Horizon Releasors have held or now hold, ever had, now have, or
which the Horizon Releasors, hereinafter can, shall or may have against the City Releasors, for
any and all Claims, whether known or unknown, arising from, pertaining to and/or in any way
relating to the Project.
(b) City Releasors' Release of Horizon Releasors:
Except as provided and expressly subject to the limitations set forth in Paragraph 5
herein, which the Parties agree and acknowledge limits the scope of the City Releasors' release
ofthe Horizon Releasors, the City Releasors hereby remise, release, acquit, satisry and forever
discharge the Horizon Releasors, which throughout this Agreement includes, but is not limited
to, its affiliates, insurers, sureties, directors, officers, employees, agents and attomeys, together
with its heirs, executors, administrators, associates, representatives, successors and assigns, of
and from any and all manner of past, present and future claims, action and actions, suits, debts,
dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, obligations, damages, judgments,
costs, expenses, cause and causes of action, executions, claims and liabilities, and demands
whatsoever, in law or in equity, whether for compensatory, punitive, or other damages
(collectively referred to in this Paragraph as the "Claims"), which the City Releasors have held
or now hold, ever had, now have, or which the City Releasors, hereinafter can, shall or may have
against the Horizon Releasors, for any and all Claims, whether known or unknown, arising from,
pertaining to and/or in any way relating to the Project.
5. Latent Defects and Warranties:
(a) The Parties agree that, specifically excluded from any release or waiver by the
Parties under this Agreement, are any demands, claims and causes of action arising from: (i)
latent defects; (ii) warranty claims; or (iii) any third party actions for property damage, bodily
injury, personal injury or death pertaining to the Project. The City shall not be precluded from
bringing any action at law or equity arising from or relating to such matters.
(b) Horizon agrees that it shall honor and be responsible to the City for all warranties
and guarantees as specified in the Contract and/or as otherwise provided by law or in equity.
Horizon further acknowledges and agrees that nothing contained in this Agreement shall
constitute a waiver of any right by the City to seek enforcement of those warranties and
guarantees against Horizon, its sureties, insurers, subcontractors and suppliers.
6. No Admission of Liabilitv: It is understood and agreed that the claims which are
the subject of this Agreement are disputed claims and that the execution of this Agreement by the
Parties, and the exclusions set forth in this Agreement, are not intended to, and shall not in any
700
way, constitute or be deemed an express or implied admission or acceptance of any negligence,
misconduct, responsibility or liability by the Parties or an admission against interest by the
Parties, and that the Parties expressly and specifically deny all such claims. Such consideration
is being given to reduce the expense, uncertainties and hazards of litigation and to mitigate
damages to each of the Parties. There shall not be any implication by any trier of fact or law of
any admission or acceptance of liability or admission against interest by the Parties and it shall
not be used against the City Releasors or the Horizon Releasors in any attempt to prove any
futrue liability claims.
7. Binding Effect: Subject to City Commission approval and execution by the
Parties, this Agreement shall be binding upon the Parties and their respective successors and
assigns. However, execution and notarization by all Parties shall be a condition precedent to the
effectiveness of this Agreement as binding against any Party. If the City Commission does not
issue the approval, the Agreement shall be null and void and of no force and effect.
8. Attomey's Fees: If any legal action, proceeding, or hearing is brought by the City
Releasors or the Horizon Releasors to resolve a dispute regarding enforcement of the terms of
this Agreement, then the prevailing party as between the City Releasors and the Horizon
Releasors shall be entitled to recover reasonable attorney's fees and court costs incurred. The
Parties shall bear their own fees and costs relating to the negotiation and execution of this
Agreement to date.
9. Miscellaneous: The Parties further agree as follows:
(a) The Parties acknowledge and agree that this Agreement is fully and
adequately supported by consideration and is fair and reasonable. The Parties
further acknowledge and agree that: (i) each Party has had the opportunity to
consult with, and has in fact consulted with, such professionals, experts and legal
counsel of its choice as such Pany may have desired with respect to all matters
settled and resolved herein; (ii) each Party has participated fully in the negotiation
and preparation of this Agreement; (iii) each Party has carefully reviewed this
Agreement and is entering into same freely; and (iv) this Agreement is entered
into in good faith and was not obtained by fraud, misrepresentation, or deceit.
Accordingly, this Agreement shall not be more strictly construed against any
Party.
(b) The Parties hereto understand and agree that this Agreement will not be
binding on the Parties to this Agreement until such time as the City Commission
of the City of Miami Beach has approved same, and the Agreement is fully
executed by the Parties to the Agreement. City Commission approval is a
701
material condition precedent to the execution and enforceability of this
Agreement, without which the City does not agree to, and is not subject to, the
terms and conditions contained herein.
(c) Each of the signatories hereto represents that he or she has authority to
execute this Agreement and to bind the Party on whose behalf he or she has
signed.
(d) This Agreement is being consummated in the State of Florida, and the
performance by the Parties hereto is in the State of Florida. This Agreement shall
be construed and govemed in accordance with the laws of the State of Florida and
the sole and exclusive venue for any lawsuit relating to this Agreement is Miami-
Dade County, Florida. The Parties expressly agree to waive trial by jury in any
action to enforce this Agreement.
(e) In construing this Agreement, the singular shall be held to include the
plural, the plural shall be held to include the singular, the use ofany gender shall
be held to include every other and all genders, and captions and paragraph
headings shall be disregarded.
(0 Any exhibits attached to this Agreement are incorporated in, and made a
part of. this Agreement.
(g) Time is of the essence in the performance of this Agreement.
10. Entire Agreement: This Agreement, together with any documents referenced
herein, constitutes the full and entire agreement and understanding between the Parties as related
to the Project, and there €ue no agreements, representations or warranties except as specifically
set forth herein. This Agreement replaces any prior or contemporaneous written or oral
representation or understanding about the terms of this Agreement. All prior discussions,
negotiations, Ietters, demands and writings of any kind are fully merged into this Agreement and
are to be construed to be ofno further force or effect, it being the intention ofthe Parties that this
Agreement shall serve as the sole and entire expression of their agreement and understanding.
This Agreement shall be binding on, and shall inure to the benefit of the respective successors
and assigns, ifany, ofeach Party.
ll. Modificationl No Waiver: This Agreement may only be modified in writing
signed by both Parties. No waiver or modification of the Agreement or of any covenant,
condition or limitation contained herein, shall be valid unless in writing and signed by all Parties
to the Agreement, or their authorized counsel. If the City or Horizon excuses or condones any
702
breach or default by the other Party of any obligation under this Agreement, this shall not be a
waiver of such obligation with respect to any continuing obligation or subsequent breach or
default and no such waiver shall be implied.
12. Counterpafis: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together represent one instrument
binding on the Parties, notwithstanding that all of the Parties are not signatories to the same
counterpart. The Parties further agee that this Agreement may be signed and submitted via
facsimile or electronic mail.
13. Severabilitv: If any provision of this Agreement is held or rendered illegal or
unenforceable, it shall be considered separate and severable from this Agreement and the
remaining provisions of this Agreement shall remain in full force and effect and bind the Parties
as though the illegal or unenforceable provision had never been included in the Agreement.
14. Captions: References: The captions of this Agreement are for the purpose of
convenience of reference only and in no way define, limit or describe the scope or intent of the
Agreement or in any way affect the terms and conditions of this Agreement. A11 references in
the Agreement to the terms "herein," "hereunder," "hereof' and words of similar import shall
refer to this Agreement, as distinguished from the Paragraph, Section and/or Subsection within
which such term is located.
15. Third Parties: Nothing express or implied in this Agreement is intended or should
be construed to confer upon or give any person or entity, other than the City and Horizon, any
rights or remedies under, or by reason of, this Agreement.
IN WITNESS WHEREOF, the Parties have set their hands and seals on the dav and date
first written above:
lRemainder of page intentionally left blank.)
703
HORIZON CONTRACTORS, INC.
Attest:
Jose M. Sanchez, President
Secretary
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _ day of _,
2014,by Jose M. Sanchez as President of Horizon Contractors, Inc., who is personally known to
me or who has produced (type of identification).
Name:
(Print Name)
Notary Public - State of Florida
My Commission Expires:
704
ATTEST:
City Clerk
SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
City Attomey
THE CITY OF MIAMI BEACH, FLORIDA,
a Municipal Corporation of the State of Florida
Print Name:
Title:
APPHOVED AS TO
FORM & LANGUAGE
& FOII EXEGUTION
By:
705
Exhibit EaMIAMIBEACHExhibit E- Summarv of Horizon's Claim SettlementCLAIM DESCRIPTIONDewatering lmpactsPipe Testing Criteria ChangesDER[4 Tree Permit lmpactsConlract Drawing Changes, Unpaid Changes, Unforeseen Conditions & Conflicts.Undisputed Retainage; Prompt Payment Act lnterest, Contract Balance.TOTALSORIGINALCLAIMA OUNT$467,090.40$701,098.30$60,725.45$179,296.94APRIL 2OI3SETTLEMENTAGREEi,IENT$189,871.00$264,294.00$35,835.00706
RESOLUTION TO BE SUBMITTED
707
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Recognizing and Approving Early Voting For The August 26,2014 City Of Miami Beach Special
Election.
lntended Outcome Su
Item Summary/Recommendation:
Supporting Data (Surveys, Environmental Scan, etc.): ln 2013, there were 44,697 registered voters forthe
General Election with 1 1 ,385 total ballots cast, for a voter turnoul o125.47%. There were 2,910 early voters, 3,856
voters and 4.61 3 voters on election
The City of Miami Beach has scheduled a Special Election to be held on Tuesday, August 26, 2014, in conjunction
with the State Primary Election. This Special Election will present to the City's electorate several Charter
amendments.
Section 101.657(1)(d) ofthe Florida Statutes (the "Early Voting" Statute), requires that each County's Supervisorof
Elections provide for early voting to begin on the 10' ' day before an election that contains State or Federal races and
end on the 3'0 day before the election, and shall be provided for no less than 8 hours and no more than 12 hours per
day at each site during the applicable period. ln addition, early voting may be offered at the discretion of the
Supervisor of Elections on the 1 5'n, 14'n, 1 3'n, 1 2'n, 1 1tn, or 2nd day before an election that contains State or Federal
races for at least I hours per day, but not more than 12 hours per day.
lnasmuch as Florida's Election Code states that municipalities may provide early voting only in municipal elections
that are not held in conjunction with county or state elections, the County will be responsible for conducting early
voting activities related to the City's August 26,2014 Special Election. Accordingly, the Miami-Dade County
Supervisor of Elections has tentatively designated the following early voting schedule for the August 26, 2014 City
Election, and has designated the Miami Beach Regional Llbrary,227 22nd Street, and the North Shore Branch
Library, 7501 Collins Avenue, as the early voting locations within the City of Miami Beach:
Monday, August 11 7 am - 3 pm
Tuesday, August 12 7 am - 3 pm
Wednesday, August 13 7 am - 3 pm
Thursday, August 14 7 am - 3 pm
Friday, August 15 7 am - 3 pm
Saturday, August 16 8 am - 4 pm
Sunday, August'17 8am - 4 pm
Monday, August 18 11 am - 7 pm
Tuesday, August '19 11 am - 7 pm
Wednesday, August 20 11 am - 7 pm
Thursday, August 21 'll am - 7 pm
Friday, August 22 11 am - 7 pm
Saturday, August 23 8 am - 4 pm
Sunday, August24 8am -4 pm
Upon receipt from the Miami-Dade County Elections Department of the Final early voting schedule and locationsfor
the City's August 26, 2014 Special Election, the Administration will report this information to the Mayor and
Commissioners via Letter to Commission (LTC). and will further oost the information on the Citv's website.
Board Recommendation:
Financia! lnformation:
Source of
Fu nds:
Amount Account
1
2
Estimated $30,551.95 -August 26, 2014 Special Election -
Cost from County.
Approximately $32,000 in legally mandated advertisements,
required by the Florida Statutes and the Citv Code.
011-9322-000312
01 1-9322-00031 2
Total $62,ss1.95
Clerk's
Rafael E. Granado, City Clerk
T:IAGENDA\20'14\J
AGEHDA ITE'U R1ff
L-U-tU(B MIAAAIBEACH OATE708
MIAMIBEACH
City of Miomi Beoch, I 700 Convenlion Center Drive, Miomi Beoch, Florido 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
CC: Raul J. Aguila, City Attorney
Rafael E. Granado, City Clerk
DATE: June 11,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND Clry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA RECOGNIZING AND APPROVING EARLY VOTING FOR
THE AUGUSI26,2014 CITY OF MIAMI BEACH SPECIAL ELECTION.
ADMINISTRATION RECOMM ENDATION
Approve the Resolution.
ANALYSIS
The City of Miami Beach has scheduled a Special Election to be held on Tuesday, August 26,
2014, in conjunction with the State Primary Election. This Special Election will present to the
City's electorate several Charter amendments.
Section 101.657(1Xd) of the Florida Statutes (the "Early Voting" Statute), requires that each
County's Supervisor of Elections provide for early voting lo begin on the 1Oth day before an
election that contains State or Federal races and end on the 3'd day before the election, and
shall be provided for no less than I hours and no more than 12 hours per day at each site
during the applicable period. ln addition, early voting may be offered at the discretion of the
Supervisor of Elections on the 1sth, 14th, 13th, 12th, 11th, or 2"d day before an election that
contains State or Federal races for at least 8 hours per day, but not more than 12 hours per day.
lnasmuch as Florida's Election Code states that municipalities may provide early voting only in
municipal elections that are not held in conjunction with county or state elections, the County will
be responsible for conducting early voting activities related to the City's August 26, 2014 Special
Election. Accordingly, the Miami-Dade County Supervisor of Elections has tentatively
designated the following early voting schedule for the August 26,2014 City Election, and has
designated the Miami Beach Regional Libraryl, 227 22"d Street, and the North Shore Branch
Library, 7501 Collins Avenue, as the early voting locations within the City of Miami Beach:
lThe Elections Department has been looking to upgrade some of their early voting facilities and
look for ways to reduce the overall voter wait times. Early Voting facillties used in previous
countywide elections were analyzed and Elections Department staff canvassed other locations
that are acceptable early voting facilities. Based on this analysis, the Elections Department
plans to relocate the early voting site at Miami Beach City Hall to the Miami Beach Regional
Library, located 0.80 miles away from City Hall. The Elections Department believes that this new
location offers the necessary square footage, configuration and parking for Miami Beach early
voters during countywide elections. For municipal stand-alone elections, the City always has the
option to designate a different location for early voting if preferred. (See LTC No. 109-2014.)
709
DATE TIME
Monday, Auoust 11 7am-3pm
Tuesday, Auqust 12 7am-3pm
Wednesday, Auqust 13 7am-3pm
Thursday, Auqust 14 7am-3pm
Fridav, Auqust 15 7am-3pm
Saturday, Auoust 16 8am-4pm
Sunday, August 17 8am-4pm
FIRST WEEK
SECOND WEEK
DATE TIME
Mondav, Auqust 18 'l 1am-7pm
Tuesdav, Auoust 19 11am-7pm
Wednesday, Auqust 20 11am-7pm
Thursday, Auqust 21 11am-7pm
Friday, Auqust 22 11am-7pm
Saturday, Auqust 23 8am-4pm
Sundav, Auqust 24 8am-4pm
Upon receipt from the Miami-Dade County Elections Department of the Final early voting
schedule and locations for the City's August 26, 2014 Special Election, the Administration will
report this information to the Mayor and Commissioners via Letter to Commission (LTC), and
will further post the information on the City's website.
FINANCIAL INFORMATION
The Miami-Dade County Elections Department has provided the Administration with an estimate
of $30,551.95 forthe City's August 26,2014 Special Election, whlch includes the costs of 14
early voting days. (See Exhibit "A" - Department of Election estimate of cost.) Additionally, the
City will incur approximately $32,000 in legally-mandated advertisements, required by the
Florida Statutes and the City Code, to notice this Special Election.
GONCLUSION
The Administration recommends that the Mayor and City Commission recognize and approve
early voting for the August 26, 2014 City of Miami Beach Special Election, said early voting to
be conducted in accordance with the provisions of the attached Resolution and Section
1 01.657, Florida Statutes.
Attachment
JML/RJA/REG
T:IAGENDA\2o14\JUn6\ELECIIONS\Ea y Voinlg Commi$ion Momo - r€lised JO and REG doq
710
ESTIMATE
Rafael E. Granado, City Clerk
City of Miami Bgach
1700 Convenlion ienter Drive, #200
Miami Beach, FL 33139
Estimate N':
Estimate Date:
MB.PB.2014
March 31,2014
Registered Voters:
Precincts:
Polling Places:
Permanent Absenlee Ballots:
50,729
36
23
7,259
Early Voting Days:
Early Voting Sites:
14
20
Personnel
Salaries & Fringe Eenefits, Orerti,ne, Polt Wa*ert
Polling Places
Security. Po iog Plrae Rentals
Supplies and Services
,bsertee Ba.l/cts Sel Up
Trucks and Vehicles
Truch Rentels, GSA Ve}icles
Printing and Adrrertjsing
Absentee, Eady Voting & precinct Balob
Postage
25,364.s0
e.bse,rl€€ Ba/rots Sent and Eusiness Reply
Ballot Creation
ln.House & Outside Cantraclual Sefiicet, Transla,ons - Based on one quos,oh
Administrative Overhead
lndircct Costs, Logic E Accuracy, pas!.Electon AudjLr
2,410.00
2,777.45
'TOTAL $___-305i1-95
' Preese note lhese cosls a/e eslimates and are ssbject to change. This as mate
does include the cost of baltot printing; llowever, if your gieslion(s)/nce(s)
creates an addilianal hallol pase. the cosl wittbe adjusted accodingly_
Election Auoust 26- 2A14
For mors information, you may contact:
Patrioia Prochnicki
Oeputy SOE Finance and Administration
Miami.Dade Elsctions O6partmsnt
2700 NW 87 Avenue
Miami. Florida 33172
OfIice: 305499-8568 E{nail: bproch@miamidadB.gov
EXHIBIT ''A''711
RESOLUTION NO, 2014.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THECIry OF MIAMI BEACH, FLORIDA RECOGNIZING AND
APPROVING EARLY VOTING FOR THE AUGUST 26,2014 CITY OF
MIAMI BEAGH SPEGIAL ELECTION.
WHEREAS, the City of Miami Beach has scheduled a Special Election to be held on
Tuesday, August 26, 2014 in conjunction with the State Primary Election for the purpose of
presenting to the City's electorate several ballot questions; and
WHEREAS, the City Commission hereby recognizes and approves early voting for the
August 26, 2014 City of Miami Beach Special Elections; and
WHEREAS, in recognition of the 2013 statutory amendments to Florida Statute Section
101.657(1Xd) governing "Early Voting," the City Commission hereby acknowledges that each
County's Supervisor of Elections is required to provide for early voting to begin on the 1Oth day
before an election that contains State or Federal races and end on the 3'd day before the
election, and shall be provided for no less than 8 hours and no more than 12 hours per day at
each site during the applicable period; in addition, early voting may be offered at the discretion
of theSupervisorof Electionsonthelsth, 141h, 13th,12th,11th,orZndday beforeanelectionthat
contains State or Federal races for at least 8 hours per day, but not more than '12 hours per day;
and
WHEREAS, Florida's Election Code states that municipalities may provide early voting
only in municipal elections that are not held in conjunction with County or State elections,
therefore the County will be responsible for conducting early voting activities related to the City's
August 26, 2014 Special Election; and
WHEREAS, the Miami-Dade County Supervisor of Elections has tentatively designated
the following early voting schedule for the August 26, 2014 City of Miami Beach Special
Election, and has designated the Miami Beach Regional Library, 227 22no Street, and the North
Shore Branch Library, 7501 Collins Avenue, as the early voting locations within the City of
Miami Beach:
FIRST WEEK
DATE TIME
Monday, Auqust 11 7am-3pm
Tuesday, Auqust 12 7am-3pm
Wednesdav, Auoust 13 7am-3pm
Thursdav, Auqust'14 7am-3pm
Fridav. Auoust 15 7am-3pm
Saturday, Auqust 16 8am-4pm
Sunday, August 17 8am-4pm
SECOND WEEK
DATE TIME
Monday, Auoust 18 11 am-7 pm
Tuesdav, Auqust 19 11am-7pm
Wednesdav, Auqust 20 11am-7pm
Thursdav, Auqust 21 11am-7pm
Fridav, Auqust 22 11 am -7 pm
Saturdav, Auqust 23 8am-4pm
Sunday, Auqust 24 8am-4pm
712
WHEREAS, the Miami-Dade County Elections Department has provided the
Administration with an estimate of $30,551.95 for the City's August 26,2014 Special Election,
which includes the costs of 14 early votlng days (see Exhibit "A" - Department of Election
estimate of cost); and
WHEREAS, upon receipt from the Miami-Dade County Elections Department of the
Final early voting schedule and locations for the City's August 26, 2014 Special Election, the
Administration is hereby directed to report this information to the Mayor and Commissioners via
a Letter to the Commission (LTC), which election information shall be posted on the City's
website in advance of that scheduled election.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, that the Mayor and City
Commission hereby recognize and approve early voting for the August 26, 2014 City of Miami
Beach Special Election, said early voting to be conducted in accordance with the provisions of
this Resolution.
PASSED and ADOPTED this '11th day of June 2014.
Philip Levine, Mayor
ATTEST:
A!:'PRO\/5D AS TO
FC:]iV & LAI.]GUAGE
& FOR EXECU IION
Rafael E. Granado, City Clerk
l, /r.n;} 'n-,
,f4wLi',y A;.,trney ny Le,re
T:\AGENDA\2014\June\ELECTIONS\,Authorize Early Voting Resolutions revised reg.&cx tyt
713
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving tunding and an expenditure
in an amount not to exceed $10,000 for the public purpose of informing and educating the voters of the City of Miami
Beach regarding the ballot questions on the City's August 26, 2014 Special Election in order to achieve a more informed
electorate vote.
lncrease community satisfaction with City government.
rveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 58% of residents rated
Miami Beach City government as "good" or "excellenf in meeting their expectations.
Item Summary/Recommendation:
The voters of the City of Miami Beach will be presented with four (4) City ballot questions on its August 26, 2014 Special
Election. The subject of the City ballots questions are:
1. City Charter Section 2.02: Amending Mayor and City Commissioner Term Limit Provisions2. City Charter Section 2.04: City Commission's Selection of Vice-Mayor
3. City Charter Section 6.04: Supplemental Qualifying Ending Date for Filling of Vacancy in Candidacy4. Amending Board of Adjustment Jurisdiction Regarding Variances
The City Administration believes that educating the voters on these matters is in the public interest and serves a public
purpose. ln an effort to explain and educate the voters on each of these questions, the Administration will be preparing
public education information through various methods, which may include video presentation on the City's cable channel, a
voter's guide and other means. Funding in an amount not to exceed $10,000 is necessary to produce a direct mailer and
video, including printing, graphics, translation services, layout, mailing and other miscellaneous costs as needed to
disseminate the information.
These expenditures will further serve the public purpose given the City's reasonable expectation that these efforts at
explaining the ballot questions and educating the voters will result in a more informed electorate vote, benefiting the public
Financial lnformation:
Source of
F
Amount Account
I Not to exceed
$10.000
011-9322-000312
Total Not to exceed
$10.000
Financial lmpact Summary: See above.
Department Director Assistant City Manager Gity Manag r
NR 4441) MM JLM ti.r'
T:\AGENDAU0l4Uune\ELECTlONSvoters EducationBallot Questions - 20'14 SUMMARY MEMO.doc
\./
AGENDA IIEM RJIMIAMIBEACHolrrE L'll'lc{714
MIAMIBEACH
City of itiomi leqch, I200 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members orthe City Cpmmission
FRoM: Jimmy L. Morales, City Manager #-----t {€IICC: Raul J. Aguila, City Attorney I I
RafaelE. Granado, City Clerk I
DATE: June 11,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROV]NG FUNDING AND AN EXPENDITURE !N AN
AMOUNT NOT TO EXGEED $1O,OOO FOR THE PUBLIC PURPOSE OF INFORMING
AND EDUCATING THE VOTERS OF THE CITY OF MIAM! BEAGH REGARDING
THE BALLOT QUESTIONS ON THE CITY'S AUGUST 26, 2014 SPECIAL
ELECTION BALLOTS IN ORDER TO ACHIEVE A MORE INFORMED
ELECTORATE VOTE.
ADMINISTRATION REGOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
lncrease community satisfaction with City government.
ANALYSIS
The voters of the City of Miami Beach will be presented with four (a) City ballot questions on the
August 26,2014 Special Election. The ballot questions are:
Citv Charter Section 2.02:
Amendino Mavor and City Commissioner
Term Limit Provisions
Charter Section 2.02 establishes Mayor's term limit of three consecutive two-year terms (six
consecutive years) and Commissione/s term limit of two consecutive four-year terms (eight
consecutive years). Shall this Section be amended to:r Delete "consecutive," limits, establish instead Mayor's three two-year term limit and
Commissione/s two four-year term limit;r Establish that service by a Commission member (including filling vacancy) in excess of 50%
of a term shall constitute a full "term"?
Yes
No
715
Voter Education Ballot Quegions
June 11, 2014 City Commission Meeting
Page2d2
Citv Charter Section 2.04:
City Commission's Selection of Vice-Mavor
Charter Section 2.04 provides that the City Commission shall choose from its membership a
Vice-Mayor, said selection to occur at the Commission's first meeting within 3 days after each
General Election or if Runoff Election is held, within 30 days thereafter.
Shall these dates be changed to provide that the Commission's initial selection of Vice-Mayor
shall occur at its first Commission meeting occurring after the General Election or after Runoff
Election, if held?
Citv Charter Section 6.04:
Supplemental Qualifvino Endino Date for
Fillinq of Vacancv in Candidacv
Shall City Charter Section 6.04 governing "Vacancy in Candidacy" be amended to provide that
the ending date for supplemental qualifying due to fewer than two candidates remaining on City
ballot due to death, withdrawal or removal of a qualified candidate after the qualifying period has
ended be changed from 26 days to 45 days prior to the election date?
Yes
No
Amendino Board of Adiustment Jurisdiction Reoardinq Variances
Shall the City of Miami Beach's Related Special Acts Section 2 regarding the City's Board of
Adjustment be amended to except from the Board's jurisdiction those variance requests
specified as part of applications for development approval within the jurisdiction of the Design
Review Board or Historic Preservation Board?
Yes
No
The City Administration believes that educating the voters on these matters is in the public
interest and serves a public purpose, ln an effort to explain, and educate the voters on each of
these questions, the Administration will be preparing public education information through
various methods, which may include video presentation on the City's cable channel, a voter's
guide and other means. Funding in an amount not to exceed $10,000 is necessary to produce a
direct mailer and video, including printing, graphics, translation services, layout, mailing and
other miscellaneous costs as needed to disseminate the information.
These expenditures will further serve the public purpose given the City's reasonable expectation
that these efforts at explaining the ballot questions and educating the voters will result in a more
informed electorate vote, benefiting the public good.
Yes
No
716
Voter Education Bal/ot Questions
June 11, 2014 CW Commission Meeting
Page 3 ol 2
CONCLUSION
The Administration recommends that the Mayor and City commission adopt the Resolution
approving funding and an expenditure in an amount not to exceed $10,000 for the public
purpose of informing and educating the voters of the City of Miami Beach regarding the ballot
questions on the City's August 26, 2014 Special Election in order to achieve a more informed
electorate vote.
JLM/MM/NR
T:\AGENDA\2014Uune\ELECTlONSVoters Educetion Ballot Questions - 2014memo.doc
717
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EXPENDITURE
OF BUDGETED FUNDS UP TO $IO,OOO.OO FOR THE PUBLIC
PURPOSE OF INFORM]NG AND EDUCATTNG THE VOTERS OF THE
CITY OF MIAMI BEACH REGARDING THE BALLOT QUESTIONS ON
THE CIry'S AUGUST 26, 2014 SPECIAL ELECTION BALLOT IN
ORDER TO ACHIEVE A MORE INFORMED ELECTORATE VOTE.
WHEREAS, the voters of the City of Miami Beach will be presented with four (a) City
ballot questions on its August 26,2014 Special Election ballot; and
WHEREAS, the subject matters of three of the City ballot questions relate to amending
the City Charter on issues concerning the term limits for the Mayor and City Commission, the
selection of a Vice-Mayor by the City Commission, and the supplemental qualifying ending date
for filling a vacancy in candidacy; the fourth ballot question concerns an amendment to the
Related Special Acts concerning the issue of the Board of Adjustment's jurisdiction regarding
varlances -- all of which issues affect and involve the interests of the City of Miami Beach and its
citizens; and
WHEREAS, the Miami Beach City Commission believes that educating the voters on
these matters is in the public interest and serves a public purpose; and
WHEREAS, in an effort to explain, and educate the voters on each of these questions
through various methods which may include video presentation on the City's cable channel, a
voter's guide, and other means, the Administration is requesting approval to spend up to
$10,000.00 in budgeted amounts for video production, printing, graphics, translation services,
layout, mailing, advertising, and other miscellaneous costs as needed; and
WHEREAS, these expenditures will further serve the public purpose given the City's
reasonable expectation that these efforts at explaining the ballot questions and educating the
voters thereon will result in a more informed electorate vote, benefiting the public good.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein state the public purpose of explaining to and educating the City's voters on
the four (a) City ballot questions which will appear on its August 26, 2014 Special Election
ballot, and thus approve the expenditure of budgeted funds up to $10,000.00 in furtherance of
the aforementioned public policy which is intended to benefit the publlc good and serve a public
purpose.
PASSED and ADOPTED this
ATTEST:
day of June, 20'14.
PHILIP LEVINE, MAYOR
RAFAEL E. GMNADO, CITY CLERK
F:\ATTO\TURN\RESOSvoters Education Ballot Questions - 201 4.docx APPROVED AS TO
FORII & LAhiGtJAGE
& FOR EXECUTION
718
THIS PAGE INTENTIONALLY LEFT BLANK
719
Resolution of rhe Mayor And city commission of rhe city of Miami aeactr;torioa, npprovrng
The lssuance And sale of Not ro Exceed $200,000,000 Principal Amount of city of Miamj
Beach Health Facilities Authority Hospital Revenue And Refunding Bonds, Series 20'14 (Mount
Sinai Medical Center Of Florida), By The City Of Miami Beach Health Facilities Authority,
lncluding The Approval Required By Section 147(F) Ot The lnternal Revenue Code Of 1986, As
Amended; Providing That Said Bonds Shall Not Conslitute A Debt, Liability Or Obligation Of The
City Or The State Of Florida Or Any Political Subdivision Thereof But Shall Be Payable Solely
From The Revenues Provided Therefor; And Providing An Effective Date.
COMMISSION ITEM SUMMARY
Condensed Title:
lntended Outcome Su
Should the City Commission approve the resolution which allows for the issuance of not to exceed
$200,000,000 in City of Miami Beach Health Facilities Authority Hospital Revenue and Refunding Bonds,
Series 2014 (Mount Sinai Medical Center of Florida)?
Item Summary/Recommendation :
The proceeds of the Bonds will be used by Mount Sinai Medical Center of Florida, lnc. lthe 1Ve
Center"), a nolfor-profit corporation organized under the laws of the State of Florida, together with other
available monles, if any, to (a) refund and defease all or a portion of the currently outstanding City of
Miami Beach Health Facilities Authority Hospital Revenue Refund Bonds, Series 2004 (Mount Sinai
Medical Center of Florida) (such bonds or pofiion thereof to be refunded, the "Refunded Bonds"),
previously issued for the benefit of the Medical Center, (b) pay (or reimburse) the cost of undertaking
certain capital improvement owned or to be owned by the Medical Center, (c) fund a deposit to a debt
service reserye, if any, and (d) pay expenses in connection with the issuance of the Bonds and the
refunding and defeasance ofthe Refunded Bonds.
These Bonds and the interest thereon, shall not be deemed to constitute a debt, liability or obligation of
the City of Miami Beach or of the State of Florida or of any political subdivision thereof, but shall be
payable solely from the revenues referred to in the Bond Resolution and neither the faith and credit nor
any taxing power of the City of Miami Beach is pledged to the payment of principal, a redemption
prem ium or interest on the Bonds.
Board Recommendation:
Financial lnformation:
lmprove the City's overall financial health and maintain overall bond rating.
Supporting Data (Surveys, Environmental Scan, etc.): va
Source of Funds:
OBPI
Amount Account Approved
N/A Principal & lnterest payments to be
paid by Mount Sinai Medical Center of
Florida, lnc.
Total
Clerk's Office
Patricia Walker. Chief Financial Officer
Siqn-Offs:
Department Director Assl*flff Sitf Manager lL,€itv Manaser
PDW 1L.'J-JLWl]_!
11 HFA I
.J
AGEHDA rrEM R'7 Jg MIAAAIBEACH o,tr:E 6-ll-lq720
g MIAMIBEACH
C;ty of ,tAiomi Beoch, I 700 Convenlion Center Drive, Miomi Beoch, Florido 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
olthe City
suBlECr: RESOLUTION OF THE MAYOR AND Clry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIdA, APPROVING THE ISSUANCE
AND SALE OF NOT TO EXCEED $2OO,OOO,OOO PRINCIPAL
AMOUNT OF CITY OF MIAMI BEACH HEALTH FACILITIES
AUTHORIW HOSPITAL REVENUE AND REFUNDING BONDS,
SERTES 2014 (MOUNT StNAt MEDTCAL CENTER OF FLORIDA), By
THE CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY,
|NCLUDTNG THE APPROVAL REQUTRED By SECTION 147(n OF
THE INTERNAL REVENUE CODE OF 1986, AS AMENDED;
PROVIDING THAT SAID BONDS SHALL NOT CONSTITUTE A
DEBT, LIABILITY OR OBLIGATION OF THE CITY OR THE STATE
OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF BUT
SHALL BE PAYABLE SOLELY FROM THE REVENUES PROVIDED
THEREFOR;AND PROVIDING AN EFFECTIVE DATE,
ADMINISTRATION RECOM MENDATION
Adopt the Resolution.
ANALYSIS
By approving this Resolution, the City Commission is authorizing the issuance and sale
of not to exceed $200,000,000 principal amount of City of Miami Beach Health Facilities
Authority Hospital Revenue and Refunding Bonds, Series 2014 (Mount Sinai Medical
Center of Florida), by the City of Miami Beach Health Facilities Authority, including the
approval required by Section 147(f) of the lnternal Revenue Code of 1986, as amended.
These Bonds and the interest thereon, shall not be deemed to constitute a debt, liability
or obligation of the City of Miami Beach or of the State of Florida or of any political
subdivision thereof, but shall be payable solely from the revenues referred to in the Bond
Resolution and neither the faith and credit nor any taxing power of the City of Miami
Beach is pledged to the payment of principal, a redemption premium or interest on the
Bonds.
The proceeds of the Bonds will be used by Mount Sinai Medical Center of Florida, lnc.
(the "Medical Centef'), a not-for-profit corporation organized under the laws of the State
of Florida, together with other available monies, if any, to (a) refund and defease all or a
721
Commission Memorandum - June 11, 2014
Health Facilities Authority Bonds Series 2014
Page 2 of 3
portion of the currently outstanding City of Miami Beach Health Facilities Authority
Hospital Revenue Refund Bonds, Series 2004 (Mount Sinai Medical Center of Florida)
(such bonds or portion thereof to be refunded, the "Refunded Bonds"), previously issued
for the benefit of the Medical Center, (b) pay (or reimburse) the cost of undertaking
certain capital improvement owned or to be owned by the Medical Center, (c) fund a
deposit to a debt service reserye, if any, and (d) pay expenses in connection with the
issuance of the Bonds and the refunding and defeasance of the Refunded Bonds.
Besides refinancing all or a portion of the Series 2004 Bonds, the Series 2014 Bonds are
also being issued to finance the construction of a new surgery tower which will contain
approximately 12 operating rooms and between 120-160 beds. The proceeds will also
be used forthe expansion of the emergencydepartmentfrom 16,700 sq. ft. to 37,000 sq.
ft. and for other renovations throughout the Medical Center.
BACKGROUND
The City Commission of the City of Miami Beach adopted Ordinance No. 90-2701 on
July 25, 1990, creating the City of Miami Beach Health Facilities Authority (the
"Authoritl') to assist health facilities in the acquisition, construction, financing, and
refinancing of health facility related projects in the City.
The Ordinance, as amended, provides that the Authority can issue bonds and notes for
the purpose of providing funds to pay all or any part of the cost of any project or any
othei laMul purpose and to issue refunding bonds. Further, it provides that the City
Commission must approve any bonds issued by the Authority as the final step in the
approval process.
The Medical Center requested that the Authority assist them in the issuance of one or
more series of tax-exempt bonds, to be designated as the City of Miami Beach Health
Facilities Authority's Hospital Revenue and Refunding Bonds, Series 2014 (Mount Sinai
Medical Center of Florida), or such other designations as may be appropriate, in an
aggregate principal amount not to exceed $200,000,000 (the "Bonds"). These bonds are
expected to consist of one or more series of fixed rate bonds.
The proceeds of the Bonds will be used to (1) refund all or a portion of the Authority's
outstanding Series 2004 Bonds that have been issued on behalf of the Medical Center,
(2) pay (or reimburse) the cost of undertaking certain capital improvements owned or to
be owned by the Medical Center (3) fund a debt service reserve for the Bonds, and (3)
finance the cost of issuance of the Bonds.
The Bonds will be sold pursuant to a public oflering. As in the past the Bonds will be
suppo(ed by a guarantee of the Mount Sinai Medical Center Foundation, Inc., and will
be secured by a mortgage on the hospital facilities of the Medical Center.
The Authority held a public hearing on May 15, 2014, as required by Section 147(f) ot
the lnternal Revenue Code of 1986, for the purpose of giving all interested persons an
opportunity to express their views in connection with the Authority's proposed issuance
of the Series 2014 Bonds. Following which, the Authority adopted a Resolution
authorizing the issuance of the Authority's Series 2014 Bonds, the proceeds of which will
be used by the Medical Center as mentioned above.
722
Commission Memorandum - June 11,2014
Health Facilities Authority Bonds Series 2014
Page 3 of 3
The Authority, at its May 15, 2014 meeting, also approved a fee waiver for the upfront
and annual fees.
CONCLUSION
The Administration recommends that the Mayor and city commission of the city of
Miami Beach, Florida, approve the resolution which authorizes the City of Miami Beach
Health Facilities Authority to issue the Bonds as detailed above, including the approval
required under Section 147(f) of the lnternal Revenue Code of 1986, as amended.
JLM:PW:jr
T:\Agenda/2O14lJune 1'1lRegular/HFA Bonds-Comm Memo June 2014
723
RESOLUTION NO.
RESOLUTION OF THE NIAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE AND SALE
OF'NOT TO EXCEED $2OO,O(]O,O[)O PRINCIPAL AMOLIIIT OF CITY OF
MIAMI BEACH HEALTH F'ACILITIES AUTI{ORITY HOSPITAL REVENUE
AND REFLINDING BONDS, SERIES 2014 (MOLINT SINAI MEDICAL
CENTER OF FLORIDA), BY THE CITY OF MIAMI BEACH HEALTI,I
FACILITIES AUTHORITY, INCLUDING THE APPROVAL REQUIRED BY
SECTION 147(f) OF THE TNTERNAL REVENUE CODE OF 1986, AS
AMENDED; PROVIDING THAT SAID BONDS SHALL NOT CONSTITUTE
A DEBT, LIABILITY OR OBLIGATION OF THE CITY OR THE STATE OF
FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF BUT SHALL BE
PAYABLE SOLELY FROM THE REVENUES PROVIDED THEREFOR: AND
PROVIDING AN EFFECTTVE DATE.
WI-IEREAS, the City of Miami Beach Health Facilities Authority (tlre "Authority") was
cteated by Ordinance No. 90-2701 adopted on July 25, 1990 (the "Ordinance") by the Mayor and
Cily Cormlission of the City of Miami Beach, Florida (collectively. the "Commission") pulsuant
to the Health Facilities Ar-rthorities La,uv, Chapter 154, Part Iil, Florida Statutes. as amended. (the
"Act"); and
WI-IEREAS, the Oldinance was amended by Ordinance No. 9l-2738 adopted on Aplil
10, 1991 by the Comrnission, ordintrnce No. L)2-2776 adopted on Ivlarch 4, 1992 by rhe
Comnrission and Ordinance No. 97-3086 adopted on July 2, 1.997 by the Comurission and taking
eflecl on January t, 1998; and
WHEREAS, on May 15,2014, as required by Sectiorr 1a7(f) of the Intemal Revenne
Code of 1986, as amended (tlie "Code"), a public hearirrg was held. lor which there w.as
reasonable pttblic notice published on Aplil 27.2014 in The Miami Herald (a copy of rvhich
nolice is attached hereto as Exhibit I and made a palt hereot), for the purpose of git,ing atl
interested persolrs an opportr-urity to express their views in corurection with the Authority's
proposed issnance of its not to exceed $200.000,000 principal amount of City of Miami Beach
724
Health Facilities At(hority Hospital Revenue and Refunding Bonds. Series 2014 (Mor.rnt Sinai
Medical Centel of Florida) (the "Bonds"); zurd
WI{ERIAS. on lr4ay 15, 2014, the Authority adopted a resohrtion, a copy of rvhich is
attached hereto as Exhibit Ii and rnade a parl hereof (the "Bond Resolution"), autholizing, r-rnder
the provisions ol the Act and the Florida Indr-rstrial Development Finar.rcing Act, Chapter 159,
Pat II, Florida Statutes, as amended, the issuance of the Bonds, the proceeds of which wili be
loaned to Mour.rt Sinai Medical Center of Florida, Inc., a not-fbr-profit corporation organized
under the laws of the State of Flolida (the "Medical Center"), and used. together witl.r any orher
available moneys, if any, to (a) refund and defease all or a portion of the cr,u'rently outstandilg
City of N4lami Beach Ilealth Facilities Authority Hospital Reveuue Refi.urding Bonds. Series
2004 (Mount Sinai Medical Center of irlorida) (such bonds or portion thereof to be refunded, the
"Refunded Bonds"), previously issued for the benefit of the Medical Center, (b) pay (oL
leimburse) the cost of undertaking certain capital improvements olvned or to be olvned by the
Nledical Center, (c) fund a deposit to a debt service reserve, if any. aud (d) pay expenses in
connection with the issuance of the Bonds and the refturdins and defeasance of the Refunded
Bonds: and
WHEREAS, the Ordinarrce, as amended,
sales of bond issues of the Authority and Section
Cornmission of the issuance of the Bondsl and
reqnires the approval by the Commission of
147(0 ofthe Code requires the approval by the
WHEREAS, this Commission desires to approve the Bond Resolution and the issuance
and sale of the Bonds pul'suant thereto.
NOW, THEREFORE, BI] IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF TIIE CITY OF MIAMI BEACH. FLORIDA:
4206290/3i MtAtv4l
725
Section i. The Bond Resolution adopted by the Authority on May 15, 2014 and the
issuance and sale of the Bonds pursuant thereto are hereby in all respects approved, including
approval of the issuance of the Bonds in a principal amollnt not to exceed $200,000,000 in
accordance with Section 147(f ofthe Code.
Section 2. The Bonds and interest thereon shall not be deemed to constitute a debt,
liability or obligation of the City of Miami Beach, Flolida or of the State of Florida or of any
political subdivisior.r thereot, but shall be payable solely lrom the revenues leferred to in the
Bond Resolution, and neither the faith and credit nor any taxing power of the City of lvliami
Beach, Florida or ofthe State ofFlolida ot ofany political subdivision thereofis pledgecl to the
payment of the principal of. redernption premium' if any, ol inlerest on the Bonds.
Section 3. This resolutior.r shall take effect imrnediately upon its adoption.
ADOPTED this _ day of _, 2014.
(sEAL)
Attest:
Mayor
City Cletd
APPROVED ASTO
FORM & LANGUAGE
& FNH EXECUTION
l' I I (-- r-rt,-lt
P--'"*{- , ,.r, \-
-eiifiiiorney-
----J;:-
4296290/3/MtAMt
726
EXHIBIT I
NOTICE OF PUBLIC HEARING
727
CITY OF MIAMI BEACH HEALTH FACIL]TIES AUTHORITY
PUBLIC HEARING
NOTICE OF PUBLIC HEARING REGARDIHG THE PBOPOSED
ISSUANCE BY THE CITY OF MIAMI BEACH
HEALTH FACTLITTES AUTH0R|TY 0F Up T0 $200,000,000
}IOSPITAL HEVENUE AND HEFUNDING BONDS
tMouNT stNAl MEDTCAL CENTEH 0F FL0R|DA)
N0tjce E h€reby oiyen hat a public hearing rrill b€ held by 0r on behail oi fre Crty af Miami Eeae]r
Htalth Facilities Auttr tty (tre 'Authorig') on May 15, 2014, commencing a1 '1'l:00 a-m., or shortly
$ereafter, in the City Manage.t Large Confef€nce Boom, &ty Hall, Cit, oi Miami Beach, Florida
1700 Convenlion Cenler Drive. 4fi FIoo( Miami Beaci, Horida 33i39, tor the purp{se 0I prsviding
a reasonable cpportunity for inleresled persons to expr€ss their vietys, botlr omlly and in wiiing
iwhich musl be received by the Aulirority belore lie hearing dale in an appropriately ma*ed envelcpe),
on the pmposed issuance by tfle fuidlodty 0f its Crty of tliami Eeach Heallh Facjlilies Auhffity Hospihl
Revenue and flelunding Bonds fiount Sinal l,ted,cal Center of Florida), in one or more series, in an
aogregate pnncipat amounl nol to exceed $200,000,000 (the'Bonds").
The proceeds 0l the Bonds will bs loaned to Mount Sinai Medical Center ot Rorid4 hc.
(thE 'Medcal Center"), a not-tor-prolil corporai0n organized under he laws ol lhE State ol Florida,
a,.rd will be used, together wilh other availabla monlas, if ary, to: ii) refund all or a porion ol
$e fien outstaMing $107,075,000 origrnal principal arnount Cily ol Miami Beach Healtir Facilites
tuthority Hosprtal Revenue Reilnding 8onds, Seoes 2004 (Mount Sinai Medlcal C€nter ot Ftorida)
(the 'Pnor Bonds"), (ii) pay {or reimburse) ttre cmt of the Proiect (as descnbed below}, (iir} tund a debt
seryrce reserue ior lire Bonds, if any, and (iv) pay certain expenses in connestion with fis is$ance oI
lhe Boflds and the rElunding of the Prior Eonds lo bc r€runded.
The Prior Bonds were issued lo refinance certain healli care facilities, induding iard, buildings.
lir fes, fumishings. equipment, leasehold interests and ofier tangible and intangiNe propedy, whkh are
owned by lhe Medical Center and are parl 0l tE Medical C€filels ,atilitjes lorated at 4300 Altm Road,
Miami B€ach, Flonda-
The koie{;t consists ol l,he undedallng oi addilio{ral Gpital imtroremenls owned 0r to be 0w[ad ry
fte Medical Cefller, incldiflg lhs consbucliofl 0, a ,}ew patient tower, the replacemefll 0l lhe emerg€ocy
deparment, he replacernent o[ the operatlng room sites and $e mqrisition, conslruclion, renovalion,
modmcation, modemizalion, eqripping, relocation and consolidatm of oiiler buildings, fixtufes,
iumishings, equipment, leasehold interests and othertangiue and ifltangible pmpenr, which are part oi
or will be part oi the Medcd Center's facililes i0cated at 4300 Ailon fload, Mrani Beach, Florida
Ihe Bonds and the interesl thereon shall nol €onstit!,le a debl, liati'iv or obligalio{ ol t}e Gi8 oF
Miami Beach, Florida,0r0f $e StateoiFlodda ff ol ary polrtical subdivision $ereol, but shallbe payable
solely lrom he sources dedged [r€rBlo., indudrng loan payments payable under a loan agrcement h be
Bnlel-€d inlo by and belE6en the Aulhonty and fie llredcal Cenler.
fuE0ant to Secti0n 286-0105, Fla Strt, tl€ Aufiofliy hereby advises tfie public hal if a person
dectdes to appeal any decision made by be Atnhority witt respect to any matter consid€red al ils
meelino Dr ils hearing, such person must ensJre that a vebatim rBcord ol lhe proceedngs is made,
which resord In6ludes lhe testimony and evidence upon which tle appeal is t0 be based.'lhis noiice
does noi constitute consent ry fie Authority lfi ihr inFoducliofl $ adni$sion 0, olherwlse lnadmisslble
or lnelevanl evidence, nor does it authorize challenges or appeals nol oth€Mise allovyed by law.
ln accordance wlft {rB Arnericafls wib 0isabililies Aci ol 1990, peBons fleeding special
accomm0dation to participate in this prDceeding. or to rsqle$ informaiion 0n access for persons wifi
disabililies. or to request this publication in accessit e format, orlo rRqjesl slgn hnguaqe intEryrelers,
should contact lie City oI Miami Beach Cily Oerkb 0mce al (305) 673-741 1, no later tlan foff {4} days
pnor to the proceeding. lf hearisg impaired, con{ml the City Clerlds olfice via lhe Floida Eelay Senice
numbers, (800) 955-8771 fl-lf) or (800) 955-8770 {VO|CE).
lhis notic8 ls publishsd pursuanl t0 tie requirBmeflls 0f SECt!ff 147(f) 0l he lntemal Bevenue Code
of 1986, as amended.
Apnl 27,2014
Ad 8BO
CITY OT MIIITII BEACH
HEALIH FACITITIES AIJTHOBITY
728
EXHIBIT II
BOND RESOLUTION
729
RESOLUTION
A RESOLUTION (i) ar-rthorizing the issuance of City of Miarni
Beach Health Facilities Authority Hospital Revenne and Refunding
Bonds, Series 2014 (lvlount Sinai Medical Center of FloLida) (the
"Bonds") of the City ollvliami Beach Health Facilities Authority (the
"Authority") in an aggregate principal amorlnt not to exceed
$200,000,000, for the purpose ofploviding fur.rds to be used, together
r.vith other available lnoneys, if any, to: (a) refund and defease all or a
portion of the cun'ently outstanding City of Miami Beach Health
Facilities Authority Hospital Revenue Refunding Bonds. Series 2004
(Mount Sinai Medical Center of Florida), (b) pay (or reimbr.u'se) the
cost of certain capital plojects, (c) fund a deposit to a debt service
reserve, if any, and (d) pay expenses in connection rvitli the issuance
of the Borlds and the refunding of the Refunded Bor.rds, to be issued
under the provisions ofa Tlust Indenture and a Loan Agreernent. and
to be further secured by a:r Amended and Restated Master TrtLst
Indenture, a Supplemental Master Trust lndenture for Obligation No.
10. an Obligation No. 10, a Fee and Leasehold N{ortgage,
Assignment and Sccurity Agrccmer.rt and an Amended and Restated
Guaranty and Security Agreenrent; (ii) providing that the Bonds shall
not constitute a debt, liability or obiigation of the City of Miami
Beach, Florida or of the State of Florida or of any political
subdivision thereof but slrall be payable solely from the soruces
provided tl.rerefor under the Trust Indentute; (iii) delegating to the
Chainnan, or in his absence, the Vice Chainnan. the fixing of the
terms of the Bonds and other details rvithin the parametcrs set forth
herein; (iv) autholizing the execntion and delivery by the Authority
of the TrLrst Indentr"rre ar.rd the Loan Agreement; (v) consenting to
amendments in the Amended and Restated Guaranty and Security
Agreement; (vi) autliorizing the execution and delivery by the
Authority of an Escrow Deposit Agreement, the redemption, as
applicable, of the Reflrnded Bonds and the purchase of Esclorv
Securitiesl (vii) authorizing the negotiated sale of the Bonds; (viii)
anthorizing the execution and delively by the Ar-rtholity of a Purchase
Contractl (ix) appoirrting a Bond Trustee and Bond Registrar under
the Trust Indenture; (x) approving the use of a Preliminary Official
Statement and an Official Statement; (xi) ar.rtliorizing the execr-rtion
and delivery of additional documents required; (xii) recomnrending
approval of the Bonds by the Mayor and City Comrnission of the
City of Miami Beach, Flolida; and (xiii) providing fol otller related
matters.
730
WHEREAS, the City of Miarni Beach Health Facilities Authority (the "Ar-rthority") has
been cleated pursuant to the Health Facilities Authorities Law, being Chapter 74-323, Laws of
Florida, and Part III of Chapter 154 of the Florida Statutes, as amended (the "Health Act"), and
has been determined to be needed by the Ma1,or and City Commission (collectivety, the
"Commission") of the City of Miami Beach, Ftorida (the "City") under Section 4 of the Health
Act; and
WHEREAS, the Autholity is also a "local agency" as defined in Section 3 of the Florida
Industrial Development Finar.rcing Act, being Chapter 69-104, Laws of Florida, ar-rd Part II of
Chapter 159 of the Florida Statutes, as amended (the "lndustrial Act" and, together *'ith the
I'Iealtli Act, the "Act"); and
WFIEREAS, the Autholity is authorized pursnant to the Act to issue its bonds and its
lelunding bonds and to loan the ploceeds theleofto "health lacilities" (as defined in the Health
Act) located in the City to pay the cost of cerlain capital projects and to refr-urd revenne bonds
issued by the Ar.rthority for the benefit of health facilities; and
WHEREAS, Mount Sinai Medical Center ol Flolida, Inc., a Florida not-for-plofit
corporation (ttre "Medical Center") is requestir.rg the Authority to assist the Medical Center ir.r
providing funds to be used, togetl'rer with other available moneys, if any, to (i) refund and
defease all or a portion of the currentLy outstanding City ol Miami Beach Health Facilities
Autl.rority Hospital Revenne Refundiug Bonds, Series 2004 (Mount Sinai Medical Center of
Florida) (the "Series 2004 Bonds"; the Series 2004 Bonds or pol'tion thereof to be reflu.rded
hereinatter referred to as the "Refunded Bonds"), pleviousllr issued for the benefit of the Medical
Center. (ii) pay (or reirnburse) the cost of undertaking certain capital improvements owned or to
be or,vned by the Medical Centcr (the "Project"), (iii) fund a deposit to a debt service reserve, if
731
at1y, and (iv) pay experlses in connection with the issuance of the Bonds (hereinafter defined) and
the refturding and defeasance of the Refrurded Bonds, through the issuance by the Ar.rthority ol
not to exceed $200,000,000 principal amount of City of Miarni Beach Health Facilities Autl.rority
Hospital Revenue and Refundin-s Bonds, Series 2014 (Mount Sinai Medical Center of Florida)
(the "Bonds"); and
WHEREAS, the Bonds r.vill be issued under the provisions of a Trust Indentr.rre (the
"Tntst Indentttre") to be entered into betlveen the Authority and U.S. Bank National Association,
a nalional banking association, as truslee (the "Bond Trustee"), and the proceeds thereof rvill be
loaned to tl.re N4edical Centel and tl'reil repayment secured by a Loan Agreement (the "Loan
Agreement") to be entered into between the Authority and the Medical Center: and
WHEREAS, the Medical Center has previously entered into an Amended aud Restated
Nlaster Trr.rst h.rdenture (tire "Master Indentr.rre") with U,S. Bank National Association. a national
bar.rking association, successol master trustee (the "lr4aster Trustee"), under rvhich the Medical
Center and cerlain other afllliated entities which may be included therein in the future are jointly
and severally liable lor the payment of obligations outstanding thereunder; aud
WHEREAS, the Medical Cerrter intends to enter into a Second Amended and Restated
Master Trust Indenture with the Mastel Trustee which, r-rpon obtaining the required consents
under the Master Indenture. will amend and restate the Master Indeuture; and
WHEREAS, in conlection rvith the issuance of the Bonds by the Autholity and the loan
of the proceeds thereof to the Nledical Center, the Medical Center will enter into a Snpplemental
Master Trust Indenture for Obligation No. 10 rvith the Master Trustee, sr"rpplementing the Master
Indentnre, pursuant 1o rvhich Obligation No. 1 0 ("Obligation No. 10") will be issued securing the
4 2I62 9 1 /s/i,,flAtul t
732
obligation of the Medical Center to make payments under the Loan Agreernenl in respect of the
Bonds; and
WHEREAS, Mount Sinai Medical Center Foundation, Inc., a Florida not-for-profit
corporation (the "Foundation"), will guarantee to the Bond Trr.rstee the payment of the principal
ol, redemption premium, if any, and interest on the Bonds, all as more specitically set lorth in an
Amended and Restated Guaranty and Security Agreement (the "Restated Guaranty Agreenient")
to be entered into betrveen the Four-rdation and the Bond TrtLstee. lvl-rich will amend and lestate
the Amended and Restated Guaranty and Security Agreernent dated as of September 1, 2012 (the
"2012 Restated Guaranty Agreen-rent") betrveen tl-re Foundation and the Bond Trustee; ar-rd
WIIERIAS, as security for Obligation No. 10 and any other obligations outstanding
under the Master hrdenture from time to time, but subject to release in accordance r.vith its terms,
the Medical Center has previously delivered to the Mastel Trustee, a Fee and Leasehold
Mortgage, Assignment and Security Agreement, as previor.rsly arxended, which will be modified
in connection witlr the issuance of Obligation No. 10; and
WHIIREAS, on this date, a pLlblic hear:ing was held in accordance with section 1a7(f of
the h.rternal Reveuue Code of 1986, as amended. ibr which there was reasonable public notice
pubtished on April 27,2014 in The lr4iarni Herald, fbl the puryose of giving all interested
persol'rs an opportunity to express their viervs on the proposed issuance of the Bonds; and
WIIEREAS, the Medical Center has advised the Authority that the Bonds rvill have an
Investment Grade Rating fiom Fitch and Moody's (as tl.rose tenrs are defined in the Authority's
Adrninistrative Procedures); and
42S6291,/3/MlAN,l
733
WHEREAS, the Autliority desires to authorize the issuance of tlie Bonds for the above
described pt]lposes and to recommend for apploval to the Commission the issuance of the
Bonds: and
WHEREAS, the Authority further desires to autholize the sale ol the Bonds through a
negotiated sale to Raymond James & Associates, Inc. and Wells Fargo Bank, National
Association, as underwriters (the "Undenvriters"). since tlie Medical Center had reque sted such
negotiated sale to the Under',witers and lbr the reasons hereinafter set lbrth.
NOW THEREFORE, Be It Resolved by the City of Miami Beach Health Facilities
Authority as follows:
Section l. Findinss. The Authority hereby fir,ds and determines that:
(1) The Medical Center is a "health facility" within the meaning of Section 154.205(8)
olthe Health Act and a "health care facilily" rvithin the meaning olsection I59.27(16) of the
industr ial Act.
(2) The Project collstitutes a "project", rvitl.rin the rneaning of Section 154.205(10) of
the l-lealth Acl and Section 159.27(5) of the Industlial Act, located in the Ciry.
(3) Prusuant to Sections 154.209(10), 159.219 and 154.235 of the Health Act and
Sections 159.23(7), 159.34 ancl 159.41 of tlie Industrial Act, the Authority is ailhorized ancl
empowered to issue the Bonds fbr the purposes described herein.
(.4) The issuance olthe Bonds by the Arithority for the prrposes described herein rvill
serve a valid public pulpose by advancing the commerce, wellare and prosperity of the City and
its people.
(5) The Authority and the City are each a "local agency" as dellned in Section
159.27(4) of the Industrial Act,
42S6291/3/MtAMI
734
(6) As required by Section 159.29(l) olthe Industrial Act, the Project is appropriate to
the needs and circumstances of, and shall make a significant contribution to the economic grouth
of, the local agency in rvhich it is located and shall serve a public purpose by adt ancing tl,e
public health ofthe State ofFlorida and its people.
(l) As required by Section 159.29(2) of the Industrial Act, the Medical Center is a
financially responsible corporation fr,rlly capable and willing to lulfill its obligatious under the
Loan Agreement. inclr.rding the obligation to rnake payments in the amounts and at the times
required to pay the principal of, prernir-un, if any, and interest on the Bonds and other paynents
reqr-rired under the Loan Agleement, to operate, repair and mainlain at its o$,n expense the
Project and to serve the purposes of the industrial Act and such othel lesponsib ilities as are
imposed under the Loan Agreemenl.
(8) As required by Section 159.29(3) of the Industrial Act, the City, as tl.re local
agency in u'hicl.r the Project will be located, will be able to cope satisfactorily with the impact of
the Project, and will be able to provide, or cause to be provided when needed. the public
facilities, including Lrtilities and public services. that rvill be necessary tbr the construction,
operation. repair and maintenance of the Project and on account olany increases in population or
other circumstances resulting therefi'om.
(9) As lequired by Section 159.29(4) of the Industrial Act, adeqnate plovision shall be
made in the Loan Agreement for the operation, repair and maintenance of the Project at the
expense of the Medical Center, and tbr tl'rc payment of the principal o[, premium, if any, and
interest on the Bonds.
4 2 962 9 1 /3/ [r iA t!,
735
(10) As required by Section 159.29(5) ofthe Industrial Act, the costs of the Project to
be paid from the proceeds of the Bonds shall be "costs" of a "project" rt'ithin the meaning of
Sections 159.27(2) and 159.27(5), r-espectively, of the Industrial Act,
(1 1) The Medical Center has adviscd the Authority that no certificates of need from tl.re
Florida Agency for Health Care Administration are required with respect to the Project.
(12) Review and comment from the Health Council of South Florida, Inc. (the "Health
Council") as to the issuance of the Bonds for the purpose of refuncling the Refunded Bonds was
requested and tlie I-Iealth Councit has advised that it has no material concerns witl.r respect
thereto.
(13) Pursnant to Section 218.385 of the Florida Statutes, as amended, the sale of the
Bonds to the Undenvriters on the basis of a negotiated sale rather tl.ran a pr-rblic sale by
cotlpetitive bld is in the best ir.rterest of the Ar.rthority and the Medical Center, and the Authority
hereby fi.u'ther finds and detennines that the following reasons necessitate such sale of the Bonds
to the Underwriters tlrrough a negotiated sale:
(a) Bonds issued by public bodies tbr the benefit ol not-for-profit hospitals
snch as the Medical Center ("healtir care bor.rds") genemlty involve specialized situations
and transactions which need detailed analysis, structuring and explanation throughout the
course of the issue by sophisticated financial advisors, investtuent bankers and similar
parlies, such as the Undenvriters, experienced in the structurir.rg of issues of health care
bonds ("health care investment bani<ers"), much of u,hich rvould not generally be
available orr a timely basis in the case of health care bonds issued pursttant to a public
competitive sale.
42S6291/3/lvllAMI
736
(b) Health care bond issues generally involve a rather detailed and often
complicated explanation to potential investors of the structure of tl-re issue, the nature of
the r-rnderlying obligor and the impact upon each of the foregoing of Federal and state
health care regulations, including Medicale and Medicaid practices and procedures, and
the assistance of a health car€ investment banker in pleparing necessary offering
documents and related inlormation is extren-rely desirable in ensr-rring fu1l and accurate
disclosure of all relevant inibrrnation.
(c) Fol the reasons described in (a) and (b) above and other related reasons,
most of the health care bonds heretofore issued throughout the tlnited States have
involved par'licipation thror"rghout the structurirrg and offering process of heahh care
investment bankels rvho have purchased or alranged for the purchase of the health care
bor-rds through a negotiated sale rather than through a pnblic sale by competitive bid;
accordingly, the market may well be more receptive to an issue of health care bonds sold
on a negotiated basis than to one sold by competitive public sale.
(d) Finally, the market lor health care bonds snch as the Bonds is volatile,
making the presence of the Underr.vriters, rvho have participated and r.vill participate in
the strr"rcturing ol the Bond issue, desirable in atternpting to obtain the most attractive
financing for the Authority and the Medical Center.
Section 2. Authorization ol the Bonds. Tlrere is hereby authorized the issuance. under
and pursuant to the Tmst Indenture, of the Bonds, to be desigr.rated as "City of Miami Beach
Health Facilities Authority Hospital Revenue and Refr-urdir.rg Bonds, Series 2014 (Mount Sinai
Medical Center ol Florida)", in an agglegate principal amount not exceeding 5200,000,000, and
the loan of the ploceeds thereol to the Medical Center to (i) lefund and defease the Reflinded
4296291/3/MlAMt
737
Bonds, (ii) pay (or reimburse) the cost of the Project. (iii) fund a deposit to a debt service
reserve, if any, as shall be determined by the Ir4edical Center, and (iv) pay expcnses in
comection with the issuance of the Bonds and the refunding and defeasance of the Refunded
Bonds.
The principal of, premiun, if any, and interest on tl.re Bor:ds shall not be deemed to
constitute a debt, liability or obligation of the City or of the State of Florida or of any political
sr-rbdivision thereof, but sl-rall be payable solely fronr the sources pledged therefor under the Tnrst
Indenture and neither the faith and credit nor any taxing porver of the City or of the State of
Florida or of any political snbdivision thereof is pledged to the payment ol the principal of,
premirnn, if any, or interest on the Bonds.
Section 3. Tenls of the Bonds. The Bonds shall be payable as to principal and interest
in lalvtirl money of the United States of Arnerica in accordance rvith the provisions of the Trust
Indenture, and shall be issued or.rly as fr.rlly registered bonds withorrt coupons in denominations
ot'$5.000 and integral nrultiples tlrereol. The Bonds shall be initialty issued in book-entry-onty
fbrm through The Depository Trust Company, New York, New York ("DTC") and shall be
registered in tlre name of Cede & Co. The Chainnan of the Authority or, in his absence, the Vice
Chairman of the Authority is hereby ar-rthorized on behalf of the Ar-rthority to approve, subject to
the Iirnitations contained herein, the final terms of tl, e Bonds, lvl, ich approval lvill be evidenced
by the execution of the Purchase Contract (hereinafter defined) on behalf of the Authority as
provided herein.
The aggregate principal amount of the Bonds shall r-rot exceed $200,000,000; the interest
rates on the Bonds shall r.rot exceed 6.00% per allnum; the terrn of the Bonds shall not exceed 35
years; and the Bonds may be issued as serial and/or term bonds and may be subject to optional
4296291i3/MlAMl
738
and mandatory redemptions and purchase as shall be provided in the Trust Indenture. The Bonds
shall be initially dated such date as shall bc approved by tl.re Chairman, or in his absence, the
Vice Chairman, and shal1 be executed on behalf of the Autholity rvith the official rnanual or
facsirnile signature of its Cl.rainnan or, in l.ris absence, its Vice Chairman and attested with the
official manual or facsimiie signature of a Designated Member (hereinafter defined).
Section 4. Designation of Attesting Members. The nrembers of the Authority, other
than the Chaimran or Vice Chainnan to the extent the Chairman ol Vice Chairman execute the
clocuments described herein. (individually a "Designated Member"), are each heleby designated
and authorized on behalf of the Ar.rthority to attest to the seal of the Authority and to the
signature of tl.re Chairman or Vice Chairman of the Authority as they appear on the Bonds, t1.re
Trust Indenture, the Loan Agreement, the Escrow Deposit Agreemeirt (l.rereinafter defined) and
any other documents lvhich may be necessary or helptirl in connection with the issuance and
delivery of the Bonds, the application of the proceeds thereof and the refunding of the Rel-unded
Bonds.
Section 5. Authorization of Execution and Deliver), of Trr-rst Indenture. The Autholity
does hereby authorize and approve the execution by the Chainlan or Vice Chairman and a
Designated N{ember of the Authority and the delivery of the Tnrst Indenture, The Trust
Indenture shall be in sr.rbstantially the fbrm thereof attached hereto and marked Exhibit A and
hereby approved, witl.r such changes therein as shall be approved by the Cl.rairman or Vice
Cl-rairman executing the same, with sucli execution to collstitute conclusive evidence of such
officer's approval ar.rd tl.re Ar.rtholity's approval of any changes therein frorn the fonn of Trust
Indenture attached hereto.
10
739
Section 6. Authorization of Execulion and Delivery of Loan Agreernent. The
Authority does hereby authorize and approve the execution by the Chairman or Vice Chairnran
and a Designated lvlember ol the Authority and the delivery of the Loan Agreement. The Loan
Agreement sliall be in substantially the form thereof attached hereto and marked Exhibit B and
hereby approved, i.vi th such changes therein as shall be approved by the Chairrnan or Vice
Chairman executing the same, with such execution to constitute conclusive evidence of such
officer's approval ar.rd the Authority's approval ol any cl.ranges therein frorr tl're form of Loan
Agreement attached hereto.
Section 7. Consent to Amendrnents in Restated Guarant)i Agleement. The Authority
does hereby consent to the amendments to be cor-rtained in the Restated Guaranty Agreement in
older to (i) extend the guarantee thereunder to the payrnent of amotmts due under the Loan
Agreement. and (ii) delete the conditiou that the Authority provide prior wlitten consent to
certain amendrnents as contained in Section 4.1 of the 2012 Restated Guaranty Agreernent.
Section 8. Refr-rndine and Rederrption of Refunded Bonds: Escrow Deposit
Aqreement. Ttre Medical Centel shail determine the Series 2004 Bonds .,vhich shall constitute
tl.re Refunded Bonds. Tl.re Rel'Lrnded Bonds shall be called for redemption prior to rnaturity as
shall be provided in tl.re E,scrorv Deposit Agreement.
The Authority does hereby authorize and approve the execution by the Chairman or Vice
Chairn,an and a Designated Member of tl.re Authority and the delivery of an Escrovv' Deposit
Agreernent with respect to the Refunded Bonds (the "Escrow Deposit Agleement") to be entered
into among the Authority, the Medical Center and the trlrstee l'or the Refunded Bonds (the
"Refunded Bonds Trustee"). The Escrow Deposit Agreement shall be in substantially the foLrn
thereofaltached heleto and marked Exhibit C and hereby approved, with such changes therein as
11
4296291/3/MtAN'll
740
shall be approved by tlie Chailman ol Vice Chairman executing the same, with sr.rch execntion to
constitute conclnsive evidence of such officer's approval and the Authority's approval of any
changes therein from the form ofthe Escrow Deposit Agleernent attached hereto.
There is also hereby ar,rthorized the purchase of Escrow Securities (as shall be defined in
the Esclow Deposit Agreernent) as shall be provided in the Escrow Deposit AgreemeL.rt and the
Chairman or Vice Cl.railman and the Refunded Bonds Trustee are hereby authorized to execute
and/or file any necessary direction lettels and subscription foms for the purchase of such Escrolv
Secru'ities.
Section 9. Applicatior.r of Bond Proceeds. The proceeds of the Bor.rds slrall be applied.
together with cerlain other available moneys, if any, as provided in the Trust Indentr-rre, tl.re Loan
Agreement and the Escrow Deposit Agreenrent.
Section 10. Authorization of Negotiated Sale. Pursuant to the findings in Section I
hereof, the Autl.rority does hereby authorize and applove the sale of the Bonds to tlre
Underwiters thror.rgh a negotialed sale rather than a public sale by competitive bid.
Section 11. Authorization of Execution and Delivery of Pulchase Contract. The sale of
the Bonds in an aggregate principal amour.lt not to exceed $200,000.000 to the Underwriters, at
an aggregate purchase price reflccting an underwriters' discorurt not to exceed 0.95% of the
aggl'egate principal amount of the Bonds, in accordance with a Purchase Conlract (the "Pulchase
Cor.rtract") to be entered into among the Atrthority. the Medical Center and the Underr.vriters, is
hereby in all respects antholized and approved and there shall be executed on behalf of the
AtLthority in fr.Lrtherance thereof the Purchase Contract. The Autholity does hereby authorize and
appl'ove the execution and delivery of the Put'chase Contract on behalf of the Autl.rority by its
Chairnran or Vice Cliainnan and such Ptuchase Contlact shall be in substantially the form
4296291/3/MIAM'
12
741
thereol'attached hereto and marked Exhibit D, and hereby approved, with such changes as shall
be necessary and appropriate to reflect the flnal terms of the sale of the Bonds b-v the Authority
and such further changes thelein as shall be approved by the Chainnan or Vice Chairman
executing the same, r.vith such execution to constitute conclusive evidence of the award of the
Bonds to the Underwriters and of such officer's approval and the Authority's approval of any
changes tl.rerein fi'om the form of Purchase Contract attached hereto; provided that the Purchase
Contract shall comply with the provisions of this reso|.rtion and that the final tern.rs of the Bonds
contained in the Purchase Contract shall be lvithin tl.re parameters established in this resolution.
Prior to the execution of the Purchase Contract by the Authority, the Alrthority must be presentcd
with a disclosure statement plepared by the Underwriters in compliance w'ith Section 218.385,
Florida Statr.rtes, lvhich disclosure statement shall be filed in the records of the Ar.rthority.
Section 12. Appointment of Bond Trustee and Bond Registrar. U.S. Bank National
Association. a national banking association, is hereby appointed the Bond Trustee and bond
registrar (the "Bond Registrar") under the l'rust lndenture.
Section 13. Approval olPreliminarv Official Statement. Tbe Autholity heleby appro\.es
the ttse and distribution of the Preliminary Official Statement relating to the Bonds (thc
"Preliminary Ofl'rcial Statement") by the Uuderwriters in connection rvith the offer and sale of
the Bonds. in substantially the form attached hereto arrd marked Exhibit E, u,ith sr.rch changes as
shall be necessary and appropriale to leflect the expected terms of the Bonds and to ensure
acctrate disclosr.re of all lelevant information; provided. however, that except as specifically set
forth in the Preliminary Oflicial Statement, the Ar.rthority makes no representations ',vith respect
to the inlbrmation contained in the Preliminary Of-ficial Statement.
13
742
Section 14. Approval ol Ofilcial Statement. The Ar"rthority hereby approves the nse and
distribution of the Official Statement relating to tl.re Bonds (the "Official Statement") by tlie
Underw'riters in connection with the offer and sale of the Bonds in substantially the fona of the
Prelirninary Official Statement attached hereto and rnalked Exhibit E, with such changes as sl.rall
be necessary and applopriate to reflect the final tern:s of the Bonds and to ensure acclrate
disclosr-rre of all relevant infonnation; provided, however, that except as specifically set forth in
the Official Statement, tl.re Ar-rthority makes no representations with respect to the information
contained in flre Official Statement.
Section 15. Deliverv of the Bonds. Upon the execution of the Bonds in accordance with
the provisions of the Trust Indenture, tbe Chainnan or the Vice Cl.rairman shall deposit the same
rvith the Bond Registrar for authentication and delivery upon the order ofthe pnrchasers thereof.
The Bond Registrar is hereby requested to atrthenticate and deliver the Bonds iu accordance '.vith
the Trust IndentLrre.
Section 16. Authorization of Execilion ar.rd Delivery of Cerlain Additior,al Documents.
The Authority does hereby authorize the subseqnent execution ar.rd delivery of such additional
doclulents as lnay be recluired in connection with the issuance and saie of the Bonds, the
application of the proceeds tl.releof and the refturding of the Refi.u.rded Bonds, in such tblm or
forms and rvith sr.rcl.r party or parties as shall be approved by the Chairman or Vice Chairman,
including, without limitation, the Endorsement and Assignment of Obligation No. 10 to the Bond
Trustee, a Tax Certificate and Agreement to be entered into among the Authority, the Medical
Center and the Bond Trustcc and, ifnecessary, a letter of representations fi'om the Authority to
DTC.
14
743
Sectior 17. Authorization and Ratification of Acts. T1're members, ofhcels, agents and
employees of the Ar.rtl.rority are hereby authorized and directed to do all such acts and things and
to execute all such documents. including, rvithout lin'ritation, the execution and delivery of any
closing documents. as lnay be necessary to carry out and comply rvith the provisions of this
resolution, the documents attached hereto as Exhibits A tlrough E, respectively, and any
documents executed and delivered pursuant to Section 16 hereof, and all of tl.re acts and doings
of such members, officers, agents and employees of the Authority which are in conformity w'ith
the intent and puposes of this resolution, whether heretofore or hereafter taken or done. shall be
and are hereby ratified, confinned and approved.
Section 18. Recommendation to the Citv of Mian.ri Beach, Florida. A pLrblic hearing
having been conducted on this date pursuant to the provisions of Section 1a7(f of the Internal
Revenue Code ol 1986, as amended, for the pulpose of giving all interested persons an
opportunity to expr€ss theil viervs on the proposed issuance of the Bonds, for vv.hich healing
reasonable public notice was given, the Aulhority hereby lecommends that the Commission
approvc the issuance of rhe Bonds.
Section 19, Severabilitv. If any section, paragraph, clause or provision of this resolution
shall be held to be invalid or ineifective for any reason- the remainder of this resolution sl.rall
continr"re in lull force and effect, it being expressly hereby fourrd and declared that the remainder
of this resolution woLrld have been adopted despite the invalidity ol ineffectiveness of such
section, paragraph, clause or provision.
4296291/3/MtAMt
15
744
Section 20. Effective Date. This resohrtion shall take eftbct ir-nntediately r-rpon its
adoption, ar.rd any provisions of any previous resolutions in conflict with the provisions hereir.r
are hereby superseded.
Adopted this 15tr'clay of May,2014.
(sEAL)
42962S1/3i lVIAtMi
16
745
STATEOFILORIDA )
) SS:
COLINTY OF MIAMI-DADE)
We, the r"rndersigned, do hereby certify that we are duly qualified and acting lVlembers of
the City of Miarni Beach Health Facilities Authority (the "Autholity").
We further certify that lve wele present at the meeting of the Authority treld on May 15,
2014 and according to the official records of the Ar"rthority in our possession the above and
foregoing constitutes a true and colrect copy of a resolution adopted at said meeting of the
Alrthor..ity.
We furll-rer certify that at such meeting said lesolution, pursuant lo motion made by Mark
Sinnreich and seconded by Sidney Goldin, was adopted by the lollowing vote:
Aye: Sidney Goldin
Robert Flertzberg
Mark Sinnreich
Arthul Unger
Nay: None
Present but not voting (per F.S. Section 15a.207(9)): Marc Urnlas
We further certify that plovision has been made for the preservation and ir-rdexing of said
resolution, whicl'r is open for inspection by the public at all reasonable tir.nes at the office of the
Chief Financial Officer of the City ol Miami Beach, Florida, in the City of Miami Beach,
FloLida.
4296291/3/MlAMl
t7
746
IN WITNESS WHEREOF, we have hererulto set our hands and affixed the official seal
olthe Autholity this 15rl'day of May, 2014.
Mern ber
lsEAL]
SUBSCRIBED AND SWORN
aforesaid, tl.ris 15tl'day of May,2014.
My Commission expiresJr.-.Q +>, zo / 7
fNotarial Seall
to before me, a Notary Public in the State and Cor.urty
18
- urttisl 00t0RES ptwDEn
f,::liqol, . srare o, Fto,id.uv iorm. rrpi", jurJj.'ioii
*::T3l:.::l s FF. 00?256
747
EXHIBITS A THROUGH E ON FILE WITH THE AUTHORITY
748
THIS PAGE INTENTIONALLY LEFT BLANK
749
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Adopting the One-Year Action Plan lot FY 201412015, which includes the nudgets for tite Commuily
Development Block Grant (CDBG) Program and the HOME lnvestment Partnerships program (HOME); authorizing the City
Manager to issue notice of a 30-day public comment period, authorizing the City Manager to execute all applicable Action plan
documents; authorizing the Mayor and City Clerk to execute agreements for sub-recipients; and authorizing the appropriation
of all Federal funds when received.
lntended Outcome Su
Sustainability. Provision of Workforce Housing for Key lndustry Workers
(Surveys, Environmental Scan, etc.: Based on the 2012 Community
the City's standard of living is good and improving. 33% of businesses
housinq in Miami Beach for their labor force as their most important cha
Supporting Data
residents believe
Satisfaction Survey, 80% of
rated the lack of affordable
Item Summary/Recommendation :
WhiletheCitywillnotknowtheexactamountofitsallocationuntilJuly,theeStimatedHUDFYffi
distribution are $858,218 for CDBG and $422,572 for HOME, On March 15, 2014, the Administration issued an RFp for CDBG
funds and an RFP for HOME funds. The submission deadline for both RFPs was April 18, 2014. A mandatory pre-submission
meeting was held on March 26,2014.
The City received CDBG Public Services applications from six (6) organizations and CDBG Capital Projects applications from
two (2) organizations. Two (2) organizations submrtted applications for HOME funding with both requesting the full amount of
avatlable project funding. The Administration reviewed the applications and prioritized them based on several critical factors.
ln addition, the City has identified unfunded internal capital projects and an unfunded gap for an affordable housing project that
are critlcal to achieving Key lntended Outcomes. Recommendations for funding include: Jewish Community Services (senior
center renovations and case management services) , UNIDAD Miami Beach (referral services), Teen Job Corp (youth
vocational training), Get Credit Healthy (credit counseling), Office of Community Services (rent, utility, and school uniform
assistance) and several City capital (playground for Tatum Park, classroom space for Suspension Diversion Program security
cameras for North Shore Open Space Park) and affordable housing projects (London House Apartments).
As required by HUD, the Action Plan is being made available to the public for a 30-day comment period commencing on June
19,2014, and ending July 18, 2014. Additionally, public comments can be provided during this City Commission meeting.
The Administration recommends that the Mayor and City Commission approve the attached resolution adopting the One-Year
Action Plan for FY 2Q1412015 in substantially the attached form, to allow the City to draw down entitlement iunds to assist
income eligible persons with services and housing, and to complete public facility capital projects.
Recommendation:
Financial lnformation:
Source of Funds:Amount Account
1 $858,218 CDBG FY 201412015 Allocation
2 $179,577 CDBG Prior Year
3 $422,572 HOME FY 201412015 Allocation
Total $1 j68,724
Financial lmpact Summary:
Maria Rui/Housing & Community Services
Department Director Assistant City Manager City Manager
MLR €=KGB JLMTYY\
Si n-Offs
rnw AGENDA ITEM R1K
oorE- 611- lL!MIAMIBEACH 750
g MIAMIBEACH
City of Miomi Beoch, I200 Conveniron Cenier Drive, Miomi Beoch, Floridq 33139, www. miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
f the City
SUB]ECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-
YEAR ACTION PLAN FOR FEDERAL FUNDS FOR FISCAL YEAR
201412015, WHICH INCLUDES THE BUDGETS FOR THE
coMMUNtTY DEVELOPMENT BLOCK GRANT (CDBG) PROGAMAND THE HOME TNVESTMENT PARTNERSHtpS (HOME)
PROGRAM; AUTHORIZING THE CITY MANAGER TO ]SSUE A
NOTTCE OF A THtRTy (30) DAy PUBLIC COMMENT pERIOD;
AUTHORIZING THE CITY MANAGER TO MAKE MINOR NON.
SUBSTANTIVE CHANGES TO THE ONE.YEAR ACTION PLAN OR
RESULTING AGREEMENTS BEFORE EXECUTION (WHICH MAY
BE IDENTIFIED DURING THE FINALIZATION AND/OR REVIEW
PROCESS, AND WHICH DO NOT AFFECT THE PURPOSE, SCOPE,
APPROVED BUDGET AND/OR INTENT OF THE PLAN);
AUTHORIZING THE CITY MANAGER TO EXTEND THE
EXPIRATION DATES OF SAID AGREEMENTS WHEN
NECESSARY; AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL APPLICABLE DOCUMENTS AND SUBMIT THE ONE-YEAR
ACTION PLAN TO THE U,S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD); FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS FOR
SUB-REGIPIENTS OF CDBG AND HOME;AND AUTHORIZING THE
APPROPRIATION OF ALL FEDERAL FUNDS WHEN RECEIVED.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach is a U.S, Department of Housing and Urban Development (HUD)-
designated entitlement community, as determined by the decennial census information on
population grovuth lag, age of housing stock, and poverty. The City has been a CDBG
entitlement community since 1975. The HOME Program was started in 1992 to provide funding
specifically for affordable housing. HUD allocates these funds to strengthen public/private
partnerships and expand the supply of affordable housing that is decent, safe, and sanitary.
751
FY14-15 HUD Entitlement (est.)
Less administrative allowan ce (20%)
Less Fagade lmprovement Program
FY 14-15 HUD Entitlement (est.)
Less administrative allowance (1 0%)
Less 15% CHDO project set-aside
Commission Memorandum - FY 201412015 Action Plan
June 11,2014
Page 2 of 5
As an entitlement community, the City qualifies for an annual allocation under HUD's grant
programs. HUD requires each entitlement community to submit an annual One-Year Action
Plan describing how it will utilize funding and resources to address priority needs identified in
the community's Consolidated Plan. The One-Year Action Plan is a component of the Five-
Year Consolidated Plan filed with HUD. The City's current One-Year Action Plan follows the
strategies that have been included in its 2013-2017 Five-Year Consolidated Plan. CDBG funds
have been primarily used to provide vital public services, housing activities, code enforcement,
and improvements to public facilities while HOME funds have been primarily used for affordable
rental housing activities.
While the City will not know the exact amount of its allocation until July, the total estimated FY
201412015 available funds for distribution are:
Community Development Block Grant - Proiected Funds
$8s8,218
($171,643)
($120,000)
($2e1,643)
Net FY 14115 funds available for distribution $566,575
Add Prior year recaptured funds $179,572
Total available for allocation $746,152
HOME - Proiected Funds
$422,572
($42,257)
($63,386)
($105,643)
Net available for project allocation $316,929
On March 19,2014, the Administration issued an RFP for CDBG funds and an RFP for HOME
funds. The submission deadline for both RFPs was April 18, 2014. To ensure that any RFP
requirements could be clarified and any questions relating to the completion and submission of
an application could be addressed, a mandatory pre-submission meeting was held on March 26,
2014.
ANALYSIS
The City received CDBG applications from: Teen Job Corp, UNIDAD, Get Credit Healthy,
Carrfour Supportive Housing, Jewish Community Services, and the Housing Authority of the
City of Miami Beach. The Administration reviewed the applications prioritizing the following
critical factors:
o Project impact as it relates to the City's Consolidated Plan;
o Project description of activities;
o Applicant's attainment of performance measures and program outcomes;
o Applicant's organizational capacity and experience;
o Budget analysis of proposed project; and
oOrganization's ability to leverage additional non-CDBG sources of funding for project
activities.
752
Commission Memorandum -FY 201412015 Action Plan
June 11,2014
Page 3 of 5
This information was utilized to rank and make appropriate funding recommendations, which
form the basls of the Action Plan. The recommendations are consistent with the priority needs
identified by the Commission, the community, and the Consolidated Plan. The priorities include
services to the elderly and youth, homelessness, affordable housing, and public facilities. More
specific information is provided below.
A maximum of fifteen percent (15oh) of the entitlement allocation, $128,732, may fund public
service activities. Public service activities include meals programs, after school programs, etc.,
for income-eligible participants. The following five (5) activities are recommended for funding:
ln addition, three (3) applications were received for CDBG-funded capital projects: two from the
Housing Authority of the City of Miami Beach to fund rehabilitation at Rebecca Towers and one
from Jewish Community Services of South Florida. While the City has previously funded each
applicant, the installation of impact windows at the Miami Beach Senior Center is being
recommended for funding as this activity was dropped from the prolect scope when the
construction schedule was amended by the state regulatory authority overseeing elder services.
ln addition, the City has identified several capital public projects benefiting City facilities
including:
' Rehabilitation and equipping of a classroom for the Suspension Diversion Program
(pending a site) which would open for lhe 2014115 school year. lnstallation of a playground at Tatum Park in North Beacho lnstallation of security cameras at North Shore Open Space Park to be monitored by the
Police Departmento Rehabilitation of non-governmental use space at the Byron Carlyle Theater (Federal
entitlement funds cannot be used to construct or rehabilitate properties intended solely
for governmental use such as a City Hall or municipal office space.)
These capital projects have yet to be procured. Therefore, cost estimates cannot be provided at
this time. The Administration proposes authorizing these projects pending the availability of
funds which will be determined upon procurement. The total amount of funds to be distributed
among these projects is $503,342.
The balance of the CDBG allocation, $171,643 (20% of the HUD entitlement), is allocated for
administrative and operational expenses including the subsidy of five full{ime positions in the
Office of Housing and Community Services as well as fulfill the HUD+equired Fair Housing
activities.
CMB - Community Services school uniforms for needy students
lewish Community Services of S. Florida (case manasement, referrat services
UNIDAD of Miami Beach (case referral services
Teen Job Co ent
Get Credit Healthv (credit counseli
Total Public Service Allocations
753
Commission Memorandum - FY 201412015 Action Plan
June 11,2014
Page 4 of 5
The available HOME project allocation is $316,929. A po(ion of the allocation (942,257) is
allocated to subsidize one fulltime Housing and Community Services staff member for program
administration and ensure HUD-required Fair Housing activities.
Two (2) applications for HOME funding were submitted. Both requested the full amount of
available project funding. However, since the City has an unfunded gap for its London House
Apartments, the Administration is recommended that the net available project funds of $316,929
be allocated to this project to ensure its full funding.
As a reminder, the City acquired the London House Apartments (London House), a 24-unil
apartment development located at 1965 and 1975 Washington Avenue, March 2014 from its
former owner/developer, Miami Beach Community Development Corporation (MBCDC).
Previously, MBCDC had been awarded HOME funds for the purposes of rehabilitating the
property as affordable housing, but had been unable to complete the project. Now that the City
has ownership of the property, it is expected to be completed by December 2015.
The HOME Program rules require each entitlement community to reserve a minimum ol 15o/o of
its annual allocation for activities undertaken by qualified Community Housing Development
Organizations. A Community Housing Development Organization (CHDO) is a private nonprofit,
community-based service organization that has identified the development of affordable housing
as a primary mission, and has the capacity to develop affordable housing in the community it
serves. A CHDO must meet certain requirements pertaining to its legal status, organizational
structure, capacity and experience. Carrfour Supportive Housing (Carrfour), has been certified
as a CHDO and is the only such agency with this designation within the City at this time.
Carrfour requested funding for its 94-unit Harding Village affordable rental housing project
located at 8540 Harding Avenue. This property, which is currently occupied, provides affordable
housing for formerly homeless and low-income individuals (including veterans) but has fallen
into disrepair and is in need of rehabilitation. Carrfour was previously awarded HOME funding
for this apartment development, but applied for additional funds to expand the scope of
rehabilitation. As the City's only qualifying CHDO, the Administration recommends allocating the
CHDO set-aside funds of $63,386 to this project.
As required by HUD, the Action Plan is being made available to the public for a 30-day
comment period commencing on June 19, 2014, and ending July 18, 2014. Additionally, public
comments can be provided during this City Commission meeting.
Historically, staff recommendations are presented to the Community Development Advisory
Committee (CDAC) for its review, comment, and recommendation. Recently, the CDAC was
dissolved and its duties were assigned to the Affordable Housing Advisory Committee (AHAC).
However, AHAC failed to achieve a quorum of appointments preventing a meeting prior to
taking the issue to Commission in time to meet HUD's schedule for the completion of the Annual
Plan.
CONCLUSION
Most of the activities described in the One-Year Action Plan will take place in City-designated
community development target areas which contain census tracUblock groups that have greater
than 51olo of households with incomes at or below 80% of the median income and continue to
be a priority for allocation of CDBG and HOME funds. As in previous years, the City received
funding requests that exceeded its entitlement allocations. The funding recommendations
presented are based on the appropriateness with the Consolidated Plan, as well as the viability
754
Commission Memorandum - FY 201412015 Action Plan
June 11,2014
Page 5 of 5
of the project projected and the applicant's capacity.
The Administration recommends that the Mayor and City Commission approve the attached
resolution adopting the One-Year Action Plan for FY 2014-2015 in substantially lhe attached
form, to allow the City to draw down entitlement funds to assist income eligible persons with
services and housing, and to complete public facility capital prolects.
JLMiKGB/MLR/ARB
T:\AGENDA\2014uune 1I\HUD FY 14'15Action Plan Memo
755
RESOLUTION TO BE SUBMITTED
756
THIS PAGE INTENTIONALLY LEFT BLANK
757
COMMISSION ITEM SUIVMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute Change Order No. 1 To Bergeron Land Development,
lnc. Dated June 11, 2014 (The Agreement); Said Change Order, ln The Amount Of $1,000,000, Plus A
Project Contingency ln The Amount Of $100,000, For A Total Cost Of $1 ,100,000, For Taking Over
Additional Services Related To A Prior Contract With Ebsary Construction, Which Has Reached An
lmpasse. The Work lncludes: A Seawall Construction At 1Oth Street, Construction Of An FDOT Outfall
Per The Current 10th Street JPA, Converting A Bay Road Pump Station To Direct Discharge To The
Bay At 14th Street, And lnstalling Additional Check Valves At Various Locations Requiring Protection
From Tidal Floodi
lntended Outcome Su
Ensure value and deliverv of oual
Su Data (Survevs. Environmental etc.l: N/A
At its February 12,2014 meeting, Resolution number 2014-28498 was adopted by the City Commission,
accepting the findings and recommendation of the Clty Manager in declaring an emergency, pursuant to
Subseciion 287.055(9)(cx6)(a)(1) of the Florida statute, and as permitted, pursuantto Section 2-367(e)
of the City Code, waiving, by 5/7ths vote, the competitive bidding requirement, and authorizing the City
Manager to take the following actions: To procure the necessary emergency design and construction
services, pursuant to a negotiated design-build contract for the remaining stormwater pump stations for
6th, 1Oth and 14rh Streets, r,r'ith Bergeron-Land Development, lnc. (Bergeron), an FDOT contractor for the
Alton Road lmprovements Project, in an amount not to exceed $11,250,000 to: 1) Prepare, whether
through the City's Public Works Department, or through retention of a professional outside design
criteria, as determined by the City Manager, a Design Criteria Package (DCP) which complies with the
specification setforth underSection 287.055(2XJ) of the Florida Statue; 2) Upon completion of the DCP,
authorizing the City Manager to negotiate and, if successful, execute a design-build contract with
Bergeron for the project, with a guaranteed maximum price (GMP); and further, if the City Manager is
successful in negotiating the contract, authorizing the Mayor and City Clerk to execute the contract.
As a continuation of the initiative to protect residents from tidal flooding within the City of Miami Beach,
and to improve the overall stormwater conveyance and discharge, the Public Works Department
requests an addition to the scope of work for the existing Bergeron contract, and to provide all
necessary labor and equipment for the installation of additional seawall, construction conversion of
injection well on Bay Road pump station to a pumped discharged.
Bergeron and the City are in negotiations for additional engineering services, a seawall construction at
10th Street, construction of an FDOT outfall per the existing JPA on l Orh Street, converting the Bay
Road Pump Station to direct discharge to the bay at 14'n Street, and installing additional check valves at
various locations that require protection from tidal flooding.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUT]ON
427-2717-069357
302-2717-069357
199-2717-069357
OBPI
Financial lm
AGENDA ITEM R1 t
DATE-6:It-TTE MIAMIBTACH 758
E MIAMIBEACH
City of Miomi Beqch, I 200 Convention Center Drive, Miomi Beoch, tlorido 331 39, www. miomibeochfl.gov
C MMISSI N MEMORANDUM
Mayor Philip Levine and Members o the Clty C
Jimmy L. Morales, City Manager
June 11,2014
A RESOLUTION OF THE MAYOR Al.lD clTY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE CHANGE ORDER NO. 1 TO BERGERON LAND DEVELOPMENT, INC. DATEO
JUNE 11, 2014 (THE AGREEMENT); SAID CHANGE ORDER, lN THE AMOUNT OF
$1,OOO,OOO, PLUS A PROJECT CONTINGENCY IN THE AMOUNT OF $1OO,OOO, FOR A
TOTAL COST OF $1,1OO,OOO, FOR TAKING OVER ADDITIONAL SERVICES RELATED TOA PRIOR CONTRACT WITH EBSARY CONSTRUCTION, WHICH HAS REACHED AN
IMPASSE. THE WORK INCLUDES: A SEAWALL CONSTRUCTION AT IOTH STREET,
GONSTRUCTION OF AN FDOT OUTFALL PER THE CURRENT 1OTH STREET JOINT
PART|C|PAT|ON AGREEMENT (JpA), CONVERTTNG A BAy ROAD pUMp STATTON TO
DIRECT DISCHARGE TO THE BAY AT 14TH STREET, AND INSTALLING ADD]TIONAL
CHECK VALVES AT VARIOUS LOCATIONS REQUIRING PROTECTION FROM TIDAL
FLOODING.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution
FUNDING
TO:
FROM:
DATE:
SUBJECT:
Amount
$758,272
$62,624
$64,184
$214.920
$1,100,000
Account Number
427-2717-069357
302-2717-069357
199-2717-069357
429-2738-069357
CURRENT STATUS
At its February 12, 2014 meeting, Resolution number 2014-28498 was adopted by the City
Commission, accepting the findings and recommendation of the City Manager in declaring an
emergency, pursuant to Subsection 287.055(9)(c)(6)(a)(t) of the Florida statute, and as
permitted, pursuant to Section 2-367(e) of the City Code, waiving, by 5/7ths vote, the
competitive bidding requirement, and authorizing the City Manager to take the following actions:
To procure the necessary emergency design and construction services, pursuant to a
negotiated design-build contract for the remaining stormwater pump stations for 6th, 1Oth and
14th Streets, with Bergeron Land Development, lnc. (Bergeron), an Florida Department of
Transportation (FDOT) contractor for the Alton Road lmprovements Project, in an amount not to
759
Commission Memorandum -Bergeron pump stations lmprovements - Change Order No. 1
Page 2 of 2
exceed $11,250,000 to: 1) Prepare, whether through the City's Public Works Department or
through retention of a professional outside design criteria, as determined by the City Manager, a
Design Criteria Package (DCP) which complies with the specification set forth under Section
287.055(2Xl) of the Florida Statue; 2) Upon completion of the DCP, authorizing the City
Manager to negotiate and, if successful, execute a design-build contract with Bergeron for the
project, with a guaranteed maximum price (GMP); and further, if the City Manager is successful
in negotiating the contract, authorizing the Mayor and City Clerk to execute the contract.
As a continuation of the initiative to protect residents from tidal flooding within the City of Miami
Beach, and to improve the overall stormwater conveyance and discharge, the Public Works
Department requests an addition to the scope of work for the existing Bergeron contract, and to
provide all necessary labor and equipment for the installation of additional seawall, construction
conversion of injection well on Bay Road pump station to a pumped discharged.
BACKGROUND
At its September 12,2012 meeting, the City Commission approved a Resolution to enter into a
Joint Participation Agreement (JPA) with FDOT to allow the City to construct a proposed FDOT
drainage element along 1Oth Street (at FDOT's cost), as part of the City's 10m Street Seawall
and Street-End Project, thus ensuring that the City's 1Oth Street improvements would not be
disturbed by a subsequent Alton Road Project.
At its November 27,2012 meeting, the City Commission approved and issued an award for
lnvitation to Bid (lTB) No. 07-12l13 to Ebsary. Under this agreement, Ebsary was to furnish all
materials, labor and equipment to construct slreetend improvements including: bulkhead,
paving/grading, and stormwater management associated with the proposed FDOT pump
station, originally located in the Alton Road right of way, for the amount of $1,357,900.
ln April 2014, the City asked Ebsary to resume their JPA as approved by the City Commission,
but at that point, Ebsary requested an increase in their bid due to an 18 month delay, at a cost
that would be greater that the contingency provided. As a result, Bergeron Land Development
(a current FDOT contractor for the Alton Road Construction Project) was asked to submit an
Engineering Cost Proposal to FDOT, requesting a relocation of the Alton Road pump station to
10th and 14th Street Streetends. This process required 100% plans to be approved prior to
FDOT authorizing Bergeron to proceed with the construction.
Bergeron did not receive approval forthe 1Oth Street end pump station relocation until laterthat
month. The relocation eliminated a majority of the work proposed by Coastal Systems
lnternational, lnc., thus voiding Ebsary's agreement with the City.
COST ANALYSIS
Bergeron and the City are in negotiations for additional engineering services, a seawall
construction at 1Oth Street, construction of an FDOT outfall per the existing JPA on 1Oth Street,
converting the Bay Road Pump Station to direct discharge to the bay at 'l4th Street, and
installing additional check valves at various locations that require protection from tidal flooding.
760
ci=q)Boq)O)(ucoa/)OcrE-€0J=oe55sE=t.,:-oo30.=Pagq)o)Gog.=PPl\+.v(!:oo-ERoooS E-" Eh(,@6x.pq.Eco0)oE-c0tro5:Eh;s I d a?! E ; ss- uEP q 0 =9oocE -. ,E E <g_b *t E t Q+En sl E *ffiEE +t r tr8H: 2l E =tsF 8l # =E761
RESOLUTION TO BE SUBMITTED
762
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763
COMMISSION ITEM SUIUIVARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute Change Order No. 1 To Southern Underground
lndustries, lnc., Dated June 11, 2014 (The Agreement); Said Change Order To Be ln The Amount Of
$661,980.50, Plus A Project Contingency ln The Amount Of $88,019.50, For A Total Cost Of $750,000
For Additional Engineering Services, Temporary Pump Station Drainage Structures, lnstallation of
Drainaoe Pipe, And Check Valves For Existinq Outfalls. For The Hioh Tide
lntended Outcome Su
Ensure value and of oualitv Caoital Proiects.
Su Data (Surveys. Environmental etc.): N/A
Item Summary/Recommendation :
At its April 9,2014 meeting, pursuant to lnvitation to Bid (lTB) 2014-086-SR for the Citywide High Tide
Mitigation Project, the City Commission authorized an award for construction with Southern
Underground lndustries, lnc. in the amount of $516,650, in addition to a project allowance of
$200,000.00 for expediting future additional work, and a base project contingency in the amount of
$71,665.00, for a not-to-exceed grand total of $788,315.
The project's scope of work includes the installation of drainage pipes to be in conjunction with the
installation of check valves in discharge pipes, temporary stormwater pump stations, existing drainage
structure modifications, and the installation of check valves where tidal flooding has occurred or is
predicted to occur.
As a continuation of the initiative to protect residents, businesses, and properties from tidal flooding
within the City of Miami Beach, the Public Works Department requests an additional scope of work to
the existing lTB. An analysis was performed by the Engineering Division and identified areas that would
be subjected to flooding during the anticipated high tides in October 2014. Southern Underground
lndustries, lnc. was approached and asked to submit a cost proposal to add the necessary work to their
contract. Under the change order, Southern Underground lndustries, lnc. would also provide all
necessary labor and equipment for the installation of additional check valves, drainage structures,
temporary stormwater pump stations, and removal of existing exfiltration trenches.
Southern Underground lndustries, lnc. submitted a cost proposal in the amount of $661,980.50
(ATTACHMENT) plus a project contingency in the amount of $88,019.50. This cost proposal was
submitted to the City's Public Works Department for review and recommendation. City staff has found
the amount to be fair and reasonable.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION
Financial lnformation:
Source of
Funds:
Amount Account
1 750,000.00 429-2454-069357
T:\AGENDA\2014\May\Sunset Harbour Pump Stations lmprovements Change Order No 'l SUMMARY.docx
AGENDA rrEm Rl ME MIAMIBEACH D^fE 6^lt- lL(764
C MIAMIBEACH
Cify of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of lhe City Cof,ri.rion
FRoM: Jimmy L. Morales, City Manager -l- +\
DATE: June 11, 20'14
SUBJECT: A RESOLUTION OF THE MAYORIAND CITY COMMTSSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE CHANGE ORDER NO. 1 TO SOUTHERN
UNDERGROUND INDUSTRIES, tNC., DATED JUNE 11, 2014 (THE AGREEMENT);
SAID CHANGE ORDER TO BE IN THE AMOUNT OF $661,980.50, PLUS A
PROJECT CONTINGENCY IN THE AMOUNT OF $88,019.50, FOR A TOTAL COST
OF $75O,OOO, FOR ADDITIONAL ENGINEERING SERVICES, TEMPOMRY PUMP
STATION DRAINAGE STRUCTURES, INSTALLATION OF DRAINAGE PIPE, AND
CHECK VALVES FOR EXISTING OUTFALLS, FOR THE CITYWIDE HIGH TIDE
MITIGATION PROJECT.
ADMINISTRATION RECOMMEN DATION
The Administration recommends adopting the Resolution.
FUNDING
Amount Account Number
$7s0,000 429-24s4-069357
BACKGROUND
At its April 9, 2014 meeting, pursuant to lnvitation to Bid (lTB) 2014-086-SR for the Citywide
High Tide Mitigation Project, the City Commission authorized an award for construction with
Southern Underground lndustries, lnc. in the amount of $516,650.00, in addition to a project
allowance of $200,000.00 for expediting future additional work, and a base project contingency
in the amount of $71,665.00, for a not-to-exceed grand total of $788,315.00.
The project's scope of work includes the installation of drainage pipes to be in conjunction with
the installation of check valves in discharge pipes, temporary stormwater pump stations,
existing drainage structure modifications, and the installation of check valves where tidal
flooding has occurred or is predicted to occur.
765
Commission Memorandum -Citywide Tidal Mitigation lmprovements - Change Order No. 1
Page 2 of 2
As a continuation of the initiative to protect residents, businesses, and properties from tidal
flooding within the City of Miami Beach, the Public Works Department requests an additional
scope of work to the existing lTB. An analysis was performed by the Engineering Division and
identified areas that would be subjected to flooding during the anticipated high tides in October
2014. Southern Underground lndustries, lnc. was approached and asked to submit a cost
proposal to add the necessary work to their contract. Under the change order, Southern
Underground lndustries, lnc. would also provide all necessary labor and equipment for the
installation of additional check valves, drainage structures, temporary stormwater pump
stations, and removal of existing exfiltration trenches.
COST ANALYSIS
Southern Underground lndustries, lnc. submitted a cost proposal in the amount of $661,980.50
plus a project contingency in the amount of $88,0'19.50 (ATTACHMENT). This cost proposal
was submitted to the City's Public Works Department for review and recommendation. City staff
has found the amount to be fair and reasonable.
CONCLUSION
The Administration recommends adopting the Resolution.
Attachment: Southern Underground lndustries, lnc. cost proposal
JLM/MT/
T:\AGENDA\2014\June\Citywide High Tide Mitigation Project Change Order No 1 Memo.doc
766
ESTIYATE OF COST - Additional Sinch to l8inch Inline Check Valves
City olMiami Beach Public Works Dept.
Project: Citywide High Tide Mitigation Project, ITB #2014-086-SR
Contractor: Southem Underground lndustries, Inc. (Vendor ID: 050260)
A B (l
ITEM
NO.
DESCRIPTION OF WORK
QUANTITY UNITS
BID
UNIT
PRICE
BID
VALUE
1.01 Mobilization/Bond/lnsurance/MOT 1 EA $ 550.00 $ 5s0 00
1 .02 Preliminary Field Measurements 1 EA $ 200.00 $ 200.00
1.03 Dewatering and Minor Pipe Cleaning 1 EA $ 100.00 $ 100 00
1 .O4 8" Temporary Air Plug 1 EA $ s0.00 $ 50.00
1.0s Floating Turbidity Curtain at Outfall 1 LS $ 100.00 $ 100 00
t.uo 8" lnline Check Valve (Tideflex - Material & Handling Only)1 EA $ 1,700.00 $ 1,700 00
1.07 8" lnline Check Valve (lnstallation Cost)1 EA $ 1,200.00 $ 1,2oo.oo
l$iii:,r,,Q;19!,QQ,
$ 58o.oo2.O1 Mobilization/Bond/lnsurance/MOT 1 EA $ s80,00
2.02 Preliminary Field Measurements 1 EA $ 200.00 $ 200,00
2.03 Dewatering and Minor Pipe Cleaning I EA $ 125.00 $ 125.00
2,04 10'' Temporary Air Plug 1 EA $ s0.00 $ 50.00
2.Os Floating Turbidity Curtain al Outfall 1 LS $ 100.00 $ 100.00
2.06 10" lnline Check Valve (Tideflex - Material & Handling Only)1 EA $ 2,300 00 $2,300.00
2.07 10" lnline Check Valve (lnstallation Cost)1 EA $ 1,800 00 $ 1,800.00
3.01 Mobilization/Bond/lnsurance/MOT 1 EA $ 910.00 $ 910.00
3.02 Preliminary Field Measurements 1 EA $ 200.00 $200.00
3.03 Dewatering and Minor Pipe Cleaning 1 EA $ 150 00 $ 150.00
304 12'' Temporary Air Plug 1 EA $ 75.00 $ 75.00
3.05 Floating Turbidity Curtain at Outfall LS $ 100.00 $ 100.00
3.06 12" lnline Check Valve (Tideflex - Material & Handling Only)EA $ 2,950 00 $ 2,950.00
3.O7 12" lniine Check Valve (lnstallation Cost)EA $ 3,200.00 $ 3,2oo.oo
4.01 Mobilization/Bond/lnsurance/MOT EA $ 1,300.00 $ 1,300,00
4.O2 Preliminary Field Measurements EA $ 200.00 $ 200.00
4.03 Dewatering and Minor Pipe Cleaning 1 EA $ 200.00 $ 200.00
4.04 1 5" Temporary Air Plug 1 EA s 125.00 $ 125.00
4.05 Floating Turbidity Curtain at Outfall 1 LS $ 100.00 $ 100 00
4.06 15" lnline Check Valve (Tideflex - Material & Handling Only)1 EA $ 5,564.00 $ 5,564.00
4.O7 15" lnline Check Valve (lnstallation Cost)I EA $ 4,000.00 $ 4,000 00
5.01 Mobilization/Bond/lnsurance/MOT 1 EA $ 1,s50.00 $ 1,550.00
5.02 Preliminary Field Measurements 1 EA $ 200.00 $ 200.00
503 Dewatering and Minor Pipe Cleaning 1 EA $ 200.00 $ 200 00
5.04 18'' Temporary Air Plug 1 EA $ 150.00 $ 150.00
505 Floating Turbidity Curtain at Outfall 1 LS $ 100.00 $ 100.00
506 '18" lnline Check Valve (Tideflex - Material & Handling Only)1 EA $ 7,650.50 $ 7,650.s0
5.07 18" lnline Check Valve (lnstallation Cost)1 EA $ 4,s00.00 $ 4,5oo.oo
ADDITIONAL VALVE TOTAL ESNMATE 1 LS 3 404,980.50
vrl,'t'"
Page '1 of 'l
767
/EI sourHGRN
UNI'€RGROUND
INDUsTNIEs
May 23,2014
Mr. Douglas Seaman, P.E.
City of Miami Beach
Public Works Deparlment
1700 Convention Center Drive
Miami Beach, FL 33139
Project: City-Wide High Tide Mitigation Project (ITB 2014-086SR)
Re: Proposal for Lake Pancoast 36-inch Checkmate Valve Option
Mr. Seaman,
Southern Underground lndustries, lnc. (SUI) is pleased to present the following proposal to the City of
Miami Beach Public Works Department for the following scope of work.
SCOPE OF WORK. All labor, equipment, and materials necessary for:
) Removal of Existing Top Slab (24" manhole opening too small for valve, see Note 2),
F Removal ofExisting 36" Tideflex Valve inside ofexisting structure (see pictures),
F Delivery of Existing 36" Tideflex to Miami Beach Public Works Yard,
F Furnish 36" Checkmate Valve (See attached Shop Drawing),
F Installation of36" Checkmate Valve into existing pipe and structure, and
) Resetting oftop slab and minor restoration as required.
NOTES:
1. Assumes existing structure is large enough to fit the 36" Inline Valve (62.25 inches long)
2. Pictures depicl a24" manhole opening. Top Slab will need to be removed to install valve and
then reset. Futue maintenance will require top slab removal (Lifting hooks are not evident in the
pictures provided). Our proposal does not include anew top slab.
i. Assumes line is clean. Excludes cleaning or videoing existing pipe.
4. No modifications to existing structure or pipe are included.
, 1 , . * PRICE PROPOSAL: SUI proposes to complete the scope of work as described above, for a lump sum
0 ?.-Al lr urn*rnt of SSZ,OO0.00. Procurement of the malerials may take 4-6 weeks. Installation can be completed
ql'' in I week. Add $10,000 for F&l 60x60 Aluminum Hatch and Top Slab to allow future maintenance.
Please let me know ifyou require any additional information to approve this proposal.
Sincerely,
Belseri Comerford, President of SUI
3453 NW 44 Street, Suite 205,
Oakland Park, FL 33309
305-710-0470 (Benny)
bclscril i l1i0aol.com
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CITY OF MIAMI BEACH C,I,P. DEFARTMEHT
DAILY CONSTRI]CTION REPORT -
l-\Nzo INSI.{j
l)age 3 of ,5
769
770
RESOLUTION TO BE SUBMITTED
771
COMMISSION ITEM SUMMARY
Gondensed Title:
A resolution repealing City Of Miami Beach Resolution No. 93-20694 which established the City's complimentary ticket policy,
and substituting therefore a comprehensive policy statement of the City Of Miami Beach regarding its use and distribution of
City tickets to events and Droductions occurrino at venues and/or C red events.
lntended Outcome Su
lncrease community satisfaction with city government and Promote transparency of city operations
lssue:
Shall the City Commission Adopt the Resolution?
Item Summary/Recommendation:
On April 13,2011, Commissioner Jonah Wolfson referred a matter for discussion to the Finance and Citywide Projects
Committee (FCWPC) entitled: Drscussion regarding a proposed ordinance on ethics guidelines for acceptance of gifts, favors,
or services by City Employees. The matter refered by Commissioner Wolfson was heard at the Septembet 26, 2011, FCWPC
meeting. The item referred for discussion attempted to more broadly address the issue of potential amendments to City Code
relating to gifts, favors or services provided to the City's Officers and Employees, below fair market value, from an entity doing
business with the City or from a lobbyist. At that time, the City Attorney advised Committee members that the County's
Commission on Ethics was reviewing the issue of complimentary ticket policies; the Committee recommended that the matter
be monitored and a status report provided to the Committee.
On March 1, 2012, the COE released "Guidelines and recommendations regarding 'public benefit' clauses in certain
government contracts." On March 27,2012, the COE issued an "Addendum" to the guidelines that specifically address the latter
(see Exhibit H, COE Draft Guidelines and Addendum). The City Attorney's Office reviewed the COE's recommended
guidelines and on February 28,2012, submitted a Memorandum of Law to the COE addressing the issues raised by their
guidelines, and challenging the authority of the COE to issue such standards/guidelines. lt is the City Attorney's opinion that
these are matters of public policy and not subject to review by the COE (Exhibit l). ln response to the COE's recommended
guidelines, the City Attorney's Office developed a proposed resolution establishing a policy for the distribution of tickets
received pursuant to a complimentary ticket program in a negotiated public benefit clause. Please refer to the attached
resolution presented for review and consideration.
Pursuant to this policy, elected officials and certain City Staff would receive tickets on a limited basis (e.9. only for opening night
events), with the balance of the tickets distributed to "deserving organizations or groups" that are identified, through a
Committee, once a year as being eligible to receive tickets for their participants. ln addition, the proposed resolution provides
for a process for tickets to also be distributed to other parties by the City in other circumstances (e.9. visiting dignitaries, to meet
contractual obligations relating to a municipal marketing program, to recognize employees).
The Finance and Citywide Projects Committee discussed this item on June 28,2012 and again at its July 26,2012 meeting.
The FCWPC moved it to the full Commission for consideration. The Neighborhood / Community Atfairs Committee met on
January 30,2014 and also moved the item to the City Commission.
ADOPT THE RESOLUTION.
The Finance and Citywide Projects Committee discussed this item on June 28,2012 and again at its July 26,2012 meeting.
The FCWPC moved it to the full Commission for consideration. The Neighborhood / Community Affairs Committee met on
January 30,2014 and also moved the item to the Citv Commission.
Financial I nformation :
Source of Funds:
Finance Dept
Financial lmpact Summary:
Jose Smith and Max Sklar
Siqn€ffs;
City Attorney Assistant City Manager City Manager
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policy
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City of lt/tiomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
MEMORANDUM
the City CommissionTO:
FROM:
DATE:
Honorable Mayor Philip Levine an
Jimmy L. Morales, City Manager
June 11,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAMI
BEACH, FLORIDA, ADOPTING THE RECOMMEDATION OF THE NEIGBORHOODS
AND COMMUNITY AFFAIRS COMMITTEE REPEALING CITY OF MIAMI BEACH
RESOLUTION NO. 93.20694 WHICH ESTABLISHED THE CITY'S COMPLIMENTARY
TICKET POLICY, AND SUBSTITUTING THEREFOR A COMPREHENSIVE POLICY
STATEMENT OF THE CITY OF MIAMI BEACH REGARDING lTS USE AND
DISTRIBUTION OF CITY TICKETS TO EVENTS AND PRODUGTIONS OCCURRING
AT CITY.OWNED VENUES AND/OR CITY-SPONSORED EVENTS.
On April 13, 2011, Commissioner Jonah Wolfson referred a matter for discussion to the Finance and
Citywide Projects Committee (FCWPC) entitled: Drscussion regarding a proposed ordinance on ethics
guidelines for acceptance of gifts, favors, or seruices by City Employees. Please see attached Exhibit "D")
referral and correspondence (exclud ing referenced attachments).
BACKGROUND:
The matter referred by Commissioner Wolfson was heard at the September 26, 2011, FCWPC meeting.
The item referred for discussion attempted to more broadly address the issue of potential amendments to
City Code relating to gifts, favors or services provided to the City's Officers and Employees, below fair
market value, from an entity doing business with the City or from a lobbyist. At that time, the City Attorney
advised Committee members that the County's Commission on Ethics was reviewing the issue of
complimentary ticket policies; the Committee recommended that the matter be monitored and a status
report provided to the Committee. Please see attached Afteraction Report for the September 26, 2011
FCWPC meeting (Exhibit E).
The discussion on a ticket distribution policy stemmed from an initial investigation by the Miami-Dade
Commission on Ethics and Public Trust (COE) and State Attorney's office (SAO) in response to a complaint
by the New World Symphony (NWS) about the inclusion of a complimentary ticket program as part of the
negotiations of proposed revisions to the "public benefits" section of the NWS's lease with the City for the
NWS use of public land. The proposed inclusion of the complimentary ticket program was in keeping with
established, negotiated public benefits in other City agreements, subsequent to both a State Commission on
Ethics opinion, as well as a City resolution on the concept.
More specifically, in 1992, the Florida Commission on Ethics issued its Opinion No. 92-33, holding that City
of Miami Beach elected officials could legally accept complimentary tickets from the City (obtained via
negotiated 'public benefit' clauses in City contracts) to performances taking place at City-owned venues,
subject only to the requirement that public disclosure of such ticket receipt be made by the recipienUOfficials
on quaderly gift disclosure forms (see Exhibit F, Opinion No. 92-33). ln reliance upon the opinion of the
State Ethics Commission, the City of Mlami Beach adopted its Resolution No. 93-20694, in which the City
773
Revisions to the City's Complimentary Ticket Dlstribution Policy
City Commission Meeting
June 11,2014
Page 2 of 4
Commission formally established a procedure for the City's distribution of its tickets to performances taking
place at City-owned venues, whereby designated municipal officials and deserving members of the
community would receive complimentary tickets to such productions (see Exhibit G, COMB Reso. No. 93-
20694). A complimentary ticket program has been negotiated as part of resulting public benefits programs
for other venues with management and/or lease agreements, including the Miami City Ballet, Jackie
Gleason Theater and Byron Carlyle Theater.
Based on this longstanding City policy (approved as a resolution by the City Commission) and State
Commission on Ethics opinion, upon which the City relied in negotiating complimentary ticket programs as
part of public benefits clauses, the SAO closed its case on October 18,2011, with a finding of no
wrongdoing, but referred the matter to the COE for further review on the pollcy elements of the issue.
On March 1 ,2012, the COE released a "Guidelines and recommendations regarding 'public benefit' clauses
in certain government contracts." The focus of the guidelines was on complimentary ticket programs in
those public benefits clauses, and what they perceived to be "flawed" policies by several municipalities
relating to such. Cities that were researched to develop these recommendations included the City of Miami
Beach, Miami, Homestead, Coral Gables and Hialeah. While acknowledging the City of Miami Beach's prior
ethics opinion on the matter, and the City of Miami Beach Resolution that has existed since 1993, the COE
raised concerns with the methodology of distribution, in particular when elected officials re-allocate tickets
provided to them through complimentary ticket programs in public benefits clauses, as this may appear to
serve a personal or political agenda, rather than meet the intended purpose. The recommendations did
acknowledge, as well, that elected officials and other City staff may need to attend events in their official
capacity. On March 27 ,2012, the COE issued an "Addendum" to the guidelines that specifically address the
latter (see Exhibit H, GOE Draft Guidelines and Addendum).
The City Attorney reviewed the COE's recommended guidelines and on February 28, 2012,he submitted a
Memorandum of Law to the COE addressing the issues raised by their guidelines, and challenging the
authority of the COE to issue such slandards/guidelines. ln his opinion, these are matters of public policy
and not subject to review by the COE (Exhibit l).
CIry ATTORNEY'S OFFICE PROPOSED RESOLUTION
ln response to the COE's recommended guidelines, the City Attorney's Office developed a proposed
resolution establishing a policy for the distribution of tickets received pursuant to a complimentary ticket
program in a negotiated public benefit clause. Please refer to the attached resolution presented for the
Committee's review and discussion. ln summary, the key recommended policy points are:. Delineates the applicability of the policy (when it would apply);. Establishes what "public purpose" is served by the distribution of tickets,r Recommends a process for the distribution of tickets received by the City; ande Delineates disclosure requirements (by the City and by the recipient).
Pursuant to this policy, elected officials and certain City Staff would receive tickets on a limited basis (e.9.
only for opening night events), with the balance of the tickets distrlbuted to "deserving organizations or
groups" that are identified, through a Committee, once a year as being eligible to receive tickets for their
participants. ln addition, the proposed resolution provides for a process for tickets to also be distributed to
other parties by the City in other circumstances (e.9. visiting dignitaries, to meet contractual obligations
relating to a municipal marketing program, to recognize employees).
774
Revisions to the City's Complimentary Ticket Distribution Policy
City Commission Meeting
June 11,2014
Page 3 of 4
ADMINISTRATION REVIEW
The Administration was asked to review the attached to ensure that the procedures for distribution included
in the proposed resolution could be implemented without any administrative difficulty. Many of the elements
of the administration of the ticket distribution process being proposed are already in place today.
FINANGE AND CITYWIDE PROJEGTS COMMITTEE - June 28, 2012
The Finance and Citywide Projects Committee (FCWPC) discussed this item at its June 28,2012 meeting.
The Administration explained that the draft resolution and accompanying guidelines entitled City Officials to
receive two (2) tickets to a single/performance event and lhat 70% of the remaining tickets are distributed to
deserving members of the community, 15% distributed to others such as organizations that assist in
promoting and marketing the City through a municipal marketing agreement with the City or to persons
and/or entities that have made special contributions to the community; and 15% distributed to employees
through an Employee Recognition Program. Furthermore, on an annual basis, an advisory committee
would review and recommend a list of deserving organizations and/or groups eligible to receive tickets and
that the list shall be reported to the City Commission. City Officials who do not use their tlckets must return
their tickets and tickets will subsequently be offered following the aforementioned procedure.
The Committee recommended that the item be brought back to the Finance and Citywide Projects
CommitteeforfurtherdiscussionandthenbroughttotheSeptember12,2012CommissionMeeting. The
Committee expressed concern that unused tickets returned at the last minute would go unused and
requested more flexibility to distribute those to employees in that situation.
The attached Resolution has been amended to reflect a reference to Exhibit A for the full listing of
allowable public purposes and to reflect the reference to administrative guidelines for the distribution of
tickets. This also reflects language in disclosures referencing the responsibility of the receiving party to
know which public purpose they will use the tickets under. This also includes Exhibit B which is an
addendum to the guidelines and recommendations regarding "public benefit" clauses in certain government
contracts: Public Purpose.
The Administrative Guidelines for Distribution are also now attached as a stand-alone document (Exhibit
C), as requested at committee, and further amended to include the recommendations of the Committee in
terms of flexibility.
FINANCE AND CITYWIDE PROJECTS GOMMITTEE - Julv 26. 2012
The Finance and Citywide Projects Committee discussed this item again at its July 26,2012 meeting. The
CityAttorney and Administration explained the draft resolution and accompanylng guidelines and discussion
took place. Most of the discussion focused on whether or not elected officials will be able to offer their
tickets to another entity or individual. The Administration explained the attached draft resolution and
accompanying guidelines require unused tickets to be returned to the City Manager's Office for
distribution according to the Ticket Distribution Process. The Administration also explained that a
webpage will be created on the City's website to show how the tickets are being used. The
Administration revised the City's ticket distribution form to include space to easily list the public purpose
when tickets are distributed. The FCWPC moved it to the full Commission for consideration.
CITY COMMISSION DISCUSSION - October 24. 2012
The City Commission discussed the matter at thelr October 24,2012 meeting. City Attorney Jose Smith
explained that the resolution conforms the City's tickets policy to the recommendations by the Ethics
Commission. Mayor Bower expressed a concern with how tickets received at the last minute are distributed
and how tickets are distributed geographically throughout the City. A motion was passed referring the item
to the Neighborhood/Community Affairs Committee to establish a Ticket Policy methodology.
775
Revisions to the City's Complimentary Ticket Distribution Policy
City Commission Meeting
June l1,2014
Page 4 of 4
Attached in Exhibit "J" is the draft process for distribution of additional tickets not distributed to officials,
along with a list of the organizations currently contacted when extra tickets are available.
NEIGHBORHOODS AND COMMUNITY AFFAIRS COMMITTEE - Januarv 30. 2014
The Neighborhood / CommunityAffairs Committee met on Januar 30,2014 and considered this item. The
Committee recommended in favor of repealing Cig of Miami Beach Resolution No. 93-20694 which
established the City's Complimentary Ticket Policy, and substituting therefore a comprehensive policy
statement of the City of Miami Beach regarding its use and distribution of City tickets to events and
productions occurring at City-owned venues and/or City-sponsored events.
Pursuant to the Committee's discussion, the City Attorney's Office also recommended additional
clarifications to the Resolution and accompanying policy to address comments made by the Miami-Dade
County Commission on Ethics and Public Trust's letter dated January 31, 2013 (Exhibit "K"). Those
changes include the following:
1. Clarifying that City employees who receive tickets must be employees officially recognized fortheir
exemplary service and members of the community officially recognized for making special
contrlbutions to the public welfare;
2. Monitoring and evaluating City venues and the quality of performances therein must be in response
to a documented complaint speciflcally addressed to the attendee; and
3. Attending opening day events is intended to be for facllity openings and not for the opening night of
every theatrical event or sports series.
These changes have been made to the corresponding document and are presented for your consideration.
CONCLUSION
The Administration recommends adopting the Neighborhood / Community Affairs Committee's
recommendation.
ATTACHMENTS (A-K)
T:\AGENDAUo'l4Uune\TCED\Complimentary Ticket policy Memo.doc
4
776
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REPEALING CITY OF MIAMI
BEACH RESOLUTION NO. 93-20694 WHICH ESTABLISHED THE
CITY'S COMPLIMENTARY TICKET POLICY, AND SUBSTITUTING
THEREFOR A COMPREHENSIVE POLIGY STATEMENT OF THE CITY
OF MIAMI BEACH REGARDING ITS USE AND DISTRIBUTION OF
CITY TICKETS TO EVENTS AND PRODUCTIONS OCCURRING AT
CITY-OWNED VENUES AND/OR CITY.SPONSORED EVENTS.
WHEREAS, in 1992, the Florida Commission on Ethics issued its Opinion No.92-33,
holding that City of Miami Beach elected officials could legally accept complimentary tickets
from the City (obtained via negotiated 'public benefit' clauses in City contracts) to performances
taking place at City-owned venues, subject only to the requirement that public disclosure of such
ticket receipt be made by the recipienUOfficials on quarterly gift disclosure forms; and
WHEREAS, in reliance upon this opinion of the State Ethics Commission, the City of
Miami Beach adopted its Resolution No. 93-20694, in which the City Commission formally
established a procedure for the City's distribution of its tickets to performances taking place at
City-owned venues, whereby designated municipal officials and deserving members of the
community would receive complimentary tickets to such productions; and
WHEREAS, as a result of a 2011 joint investigation by the Miami-Dade State Attorney's
Office and the Miami-Dade County Commission on Ethics ('COE') of the City of Miami Beach's
negotiations with the New World Symphony (finding no criminal wrongdoing), the COE
scrutinized the above-referenced ticket distribution process of the City of Miami Beach as well
as that of Coral Gables, Hialeah, Homestead, Miami and Miami-Dade County; and
WHEREAS, the COE consequently issued its "Guidelines and Recommendations
regarding 'public benefit' clauses in certain government contracts", which although not legally
binding upon the City of Miami Beach's ticket policy determination, have been stated by the
COE as a suggested method of "ensuring conformance" with applicable ethics rules; and
WHEREAS, pursuant to the City of Miami Beach's continued commitment as a leader in
government ethics, and in recognition of the requirement that municipal resources be devoted
primarily to public purposes as determined by the Mayor and City Commission, the City has
conducted public meetings for the purpose of evaluating its complimentary ticket policy with the
COE's subject Recommendations; and
WHEREAS, having assessed citizen comment and public need, the Mayor and City
Commission determine that the continued distribution of complimentary tickets to disadvantaged
youths, senior citizens, non-profit organizations and other individuals who may not have the
financial ability to purchase tickets to cultural events serves a public purpose, that public
purpose is further served via the distribution of tickets to City employees officially recognized for
exemplary service and members of the community recognized for making special contributions
to the public welfare, and that the ability of designated City officials to attend such cultural
events as official City representatives for the purpose of monitoring and evaluating such events
777
and the quality of performances therein, and/or monitoring and evaluating the value of City-
sponsored events and their compliance with City policies, agreements and other requirements
further serves a public purpose; and
WHEREAS, the City thus hereby establishes the following comprehensive municipal
policy regarding its use and distribution of City tickets to events and productions occurring at
City-owned venues and/or sponsored by the City, with said comprehensive policy serving as
substitution for, and in repeal of, City of Miami Beach Resolution No. 93-20694.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH:
SECTION I. APPLICABILITY OF POLICY
ln order to establish a fair, equitable and transparent process for the distribution of its
complimentary tickets, the City of Miami Beach thus hereby establishes this Comprehensive
Complimentary Ticket Policy. This policy shall apply to tickets or passes for admission to a
facility, show, event or performance for an entertainment, recreational, amusement or similar
purpose, which are provided to the City of Miami Beach: (i) pursuant to the terms of a
contracUagreemenUlease for the use of public property within the City's boundaries; (ii) because
the City of Miami Beach controls the event; (iii) that is purchased by the City of Miami Beach at
fair market value; (iv) or othenruise received from ah outside source and which are provided
without charge by the City of Miami Beach to personnel as designated herein. Tickets or passes
purchased at full face value or fair market value of the ticket, as appropriate, by the official using
the tickets are not subject to this Policy.
SECTION II. PUBLIG PURPOSE
The distribution of any ticket by the City of Miami Beach shall promote a public purpose, which
purpose shall include those delineated in Exhibit "A" to this resolution.l
SECTION III. DISTRIBUTION OF TICKETS
A. General Provisions.
Distribution of tickets shall be in accordance with the public purposes stated in Section ll above,
and be subject to the following:
1. Such tickets shall not be earmarked by the original donor for use by any particular
recipient of tickets. Notwithstanding, any tickets provided to the City pursuant to a
negotiated complimentary ticket program in a public benefits clause which delineates a
1 The County Ethics Commission has issued an "Addendum" to its "Guidelines and Recommendations",
outlining specific 'suggested permissible public purposes' for use of public benefits, which grounds are
adopted and incorporated herein by reference. (See Exhibit "B", attached hereto.)
778
specific deserving organization or group as the recipient of such tickets in the lease,
contract or agreement with the City, may be provided by the City to that specifically
identified deserving organization or group.
The City of Miami Beach determines, in its sole discretion, which individual and/or entity
shall receive the tickets, in accordance with the Distribution Process set forth below.
No person receiving tickets pursuant to this Policy shall sell or otherwise transfer any
ticket, or receive any consideration for the value of any ticket. Nor may such ticket
recipient use any ticket for political fundraising purposes. Notwithstanding the preceding,
the City may sell any tickets received pursuant to this Policy (if resale by the City is
permitted by the donating entity) if the proceeds of such sale are intended for donation to
programs and services rendered by community and other non-profit resources for the
benefit of the community, including artistic and cultural organizations and institutions;
lf a ticket recipient cannot use any ticket, that person must notify the City Manager's
Office promptly and return the ticket to the City Manager's Office. Failure to do so will
result in that recipient being ineligible to receive future tickets. Such returned tickets shall
be distributed by the City Manager's Office to any of the persons/groups within the
distribution categories set forth immediately below in lll B.
All recipients of tickets must sign a form acknowledging the terms and conditions of the
City of Miami Beach's Comprehensive Complimentary Ticket Policy, as reflected in this
Resolution.
B. Distribution Process.
Tickets received by the City through a complimentary ticket program, or othenruise provided to
the City for distribution, shall be distributed in accordance with established Administrative
Guidelines, as may be amended from time to time. Such guidelines shall serve to ensure that
the tickets distributed promote an established public purpose.
SECTION IV, DISCLOSURE REQUIREMENTS
A. City Disclosure.
The City Manager's Office shall maintain a log detailing the distribution of City tickets pursuant
to this Policy. The log detailing the distribution of tickets shall be posted by the City Manage/s
Office, no less than once every quarter, on the City's website by no laterthan the 1Sth day of the
month following such quarter. Such posting shall include the following information:
1. The name of the person receiving the tickets or passes, except that if the tickets or
passes are distributed to a deserving organization and/or group, only the name, address
and description of the deserving organization and/or group, and the number of tickets or
passes provided to the deserving organization and/or group, may be posted in lieu of the
names of individuals from the deserving organization and/or group that received the
tickets,
2. A description of the event;
3. The date of the event;
4. The face value of the tickets provided; and
5. The number of tickets provided.
2.
3.
4.
5.
779
B. Recipient Disclosure.
1. City personnel receiving complimentary tickets shall disclose their receipt of tickets via
the timely filing of gift disclosure forms, in accordance with State Commission on Ethics
Opinion No. 92-33 (forms available through City Clerk's Office). City personnel shall be
responsible for ensuring that the tickets received promote a public purpose, consistent
with the City of Miami Beach's Complimentary Ticket Policy.
2. Tickets which are provided free of charge may have tax consequences for the recipient
and may be reportable and taxable as regular income or as taxable fringe benefits to a
recipient. All recipients of tickets must consult with their own tax advisers to determine
the reporting requirements for income tax purposes, as well as the tax consequences of
any tickets received.
SECTION V. EXCLUSIVITY OF GITY'S COMPREHENSIVE POLICY
A. The matters set forth in this Resolution shall serve as the City's Comprehensive
Complimentary Ticket Policy, and it shall be referenced in all future "public benefits" clauses of
all City contracts, and shall be further posted prominently on the City's website.
B. City of Miami Beach Resolution No. 93-20694, constituting the City's former policy
governing complimentary tickets, is accordingly hereby repealed in its entirety.
PASSED AND ADOPTED THIS
ATTEST:
day of _,2014.
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
JO APPROVEDASTO
FORM &LANGUAGE
& FOR EXECUTION
5 -LL- d-
.t{/ Daie
;\-
Itorney
780
EXHIBIT A
ACCEPTABLE 'PUBLIC PURPOSE' USES (BY CATEGORY) OF CMB TICKETS
--PER CMB RESO NO.
1. Economic development of the City, including the promotion/exposure to, marketing and awareness of tourism, nighflife,
recreational, educational, and cultural facilities or attractions on City property or awareness of the City as a regional destination,
economic asset or business opportuni$;
2. Promoting or showing City appreciation for programs and services rendered by community and other non profit resources for the
benefit of the community, including artistic and cultural organizations and institutions;
3. Advertisement and promotion of City-controlled or City-sponsored events, aclivities, or programs, public facilities and resources;4. Monitoring and evaluation of City venues and the quality of performances therein (in particular, attendance at opening day events
of the facility at City-owned venues), and/or moniloring and evaluation of the value of City-sponsored events and their compliance
with City policies, agreements and other requirements in response to a documented complaint speciflcally addressed to the
aftendeei
5. lnformation gathering and education regarding matters of local, regional and stale wide concern that affec1 the City including
enhancing intergovernmental relations ihrough attendance at events with or by officials from other jurisdictions;
6' Promoting, encouraging and rewarding educational and athletic achievements by students and officials of local and regional
educational institutions;
7 Promotion of City recognition, visibility and or profile on a local, state, national or worldwide scale, including exchange programs
with national and foreign officials and dignitaries, and as part of any markeling promotions with municipal marketing partners, or
as may be required by contractual obligations with municipal marketing partners;
8. Attracting and retaining highly qualified employees in City service, including special recognition or reward of meritorious service by
a City employee;
9. Performance of a ceremonial or official function on behalf of the City, not otherwise set forth above, including but not limited to the
following:
a. Hosting leaders of community service organizations (organizations that serve the disadvantaged, senior citizens, disabled,
ill, children, etc.), dignitaries from municipal, county, state and federal governmental entities; dignitaries and business
leaders from other counlries; youth groups, student leaders, and recipients of awards; and/or elderly, disabled or low-
income City residents;
b. Hosling constituents as (a) a designated official appointed by the City Commission, or (b) upon invilation of the event(s)
organizers or some other person or entity authorized to extend such invitation;
c. hosting groups of employees being specifically recognized forjob-related achievements;d. Being officially recognized by sponsors of event in a printed program or other public announcement;e. Performance of one of the following functions in one's official capacity as (a) a designated official appointed by the City
Commission or (b) an individual invited by the venue:
1 . lntroducing organizers, participants or dignitaries;
2. Recognizing the conlributions of organizers or staff;
3. Receiving or giving an award or other special recognition;
4. civing a speech;
5. Greeting and welcoming afiendees;
6. Ribbon cutting;
7. Leading the pledge of allegiance or nalional anthem;
8. Acting as a Goodwitt Ambassador, as designated by the City Commission;
I Assess facility needs, proposed changes and constituent concerns in response to a documented complaint
specifically addressed to the attendee.
NOTE: The Mere passive, spectator attendance at an evenl will not be regarded as attendance in one's official capacity for a
public purpose.
781
EXH!BIT "B"
MIAMI.DADE COUNTY COMMISSION ON ETHICS AND PUBLIG TRUST:
ADDENDUM TO GUIDELINES AND RECOMMENDATIONS
REGARDING "PUBLIC BENEFIT'' CLAUSES IN GERTAIN
GOVERNMENT CONTRACTS: PUBLIC PURPOSE
(PER CMB RESO NO. . ll (n.1)
(see below)
782
PUBLICPURPOSE
!t ir the intcnt of these guidelinea and rccommendltioos colcrniog the distrlbution of
lickets and othff p[blic benefrts. obtained by governmenlal cntities lkougD conlrEclurl
negdiation or olhe. cxercirc of pubtic xrthority, lo sseure ttd tbeso beDeftts, which arc public
prip".ty, shall be used and dirtributed for a public purpose. 'the oveniding principte ltinf
ineil iig"stionc is to curtril the private usa ofthese public benefits by govermrent ofiicials
urd crnployees for thcir or*a persooal benc8l, direcdy or iadirealy. In addition, tlcse
guidelincr arc cs'tablished 1o providc guidanco to such ofiicials and their cmployecg as well ar
ircir advison, in onler to rvoid possibla futlre Disuse ofsuch gublic rerourcc& lt is hoped
thaf 0rig will dso inr,rcaso public soofid€ncc in thc integrity of govtromout in its use of slot
rcsources, As w€ll as bclplo lcilrove thc poception thrt clcr*ed and othg. govemmeot oflisirls
diSributc thesa public bencfiU rxitb unfetterod discretioa rnd for purposes incotrsislenl witl,
thc proper disporition of public propa'ly. F'urther, if is Oe intent ofthese guidclhes rod -. _
rocommendatiom 10 m!k; clear-lhai pubtc bcncfiti mey be utilized un&r certain psrmissible
circumslanccs by olectad and olher goverament ollir:ials ond employees wherc there is_r
_
genuiug le gitim-atc and rticulablo fubtic purpose invotved. To that cn4 we have 8et fofih
Selow a liriofauggosted permissiblc puhlic purposes for governmmt offcialr, shflend
coployccs to corii-der when il is appropriate to use, for lhcmsctv6 or othcr6, public benefirs
co[templared by these guidelioes.
-'ite-forogoing list is nd oibaustiw. The Commisgion on
Etbics ls elwuye aveilabtc ro provide an opinion to an inqriring Pblic official ot employeo
mgarding whahen any particular use or method of distribution ir ethically rccepcbla
A. PERMIOSIBLE FUIILIC EIIRPOSES fOR OI'TICIALS' STAFT AND
EMPI.NYEESl. tlost businces tctders to promote cconomic dcvelopment;
2. Ilost lcadcrr of cornmunity rcrvicc orgar.rizatioru (c.g. orgurizations lhal rene
tbe diradrantaged, senior citizen& disahlo( ill, ohildrptl otc');
3. lton dignitrtiei from municipal. sla& ald federal govemoentnl entitier;
. 4, Ifo$ digniudcs r.nd b,usiusss leadcrs frrrtr dhcr cowrtricr;
5. Host youilr groupa, rndcnt leaders and recipisnts of swardrl
6. Hosr old€fly Miami-Dade County re8idcflt8i
7' Hort disabled residents;
8. Host low-incore rcridents;
9, Host constil$enta as: (a) a designded oflloial by the commirsiorl f,lpirporson,
Mayor or some other person dcle gted tut responsibility' I O) uPon
invilatioa ofthe evegt org,rurizcr(s) or. a Ixrgon c[. enlity euthorizcd to extelrd
ruch invilatior;
10. Host group(s) of Sovcrnmcrrtal employees being speciatly rccognizcd torjob'
reld.ed echieveruats;
ll. Being oflicialty recognizcd by lho sponxrs of eve,r[ in a printed trrogram or
othcr publ ic ennouncsmer
12. Perfonning ooc ofthe following fuactions in one's olfi':ial caprcity 8s: (a) a
dasignated official by &e Commissioo' Cluirperson, Moyor ot olher person
dclogatcd thal rorpo:sibility, rr (b) ul individurl invited by tho vonuc
783
a. ltroduorng orgaoiz$E, parlicipents, a digrrilaries;
b. Recogoizing thc costributiotrs oflho organizers or staff,
c. Receiving or giviflg an sward or othcr spccial reoognition;
4 Giving a speech;
o. Groeticg and welcrorning attendoor;
f. Ribbon crfring
g. t eading the pledgr of allegiarce or ndional enlhom;
b. Aaing as a goodwill arubassador dosignated by the Commisrion/
Council, Chsirpersoq Moyr u otber person qualilied to dclegate thar
rcepornibility;i. Arscss focility noede, proposcd changcs and constituent oooccms io
response t4 . docamenld complaint specilically a&rqss€d to lhe
ettendee;j. Atrndirg the opcning <tay garne or prrformancc of a CotupTCiry.
ownod frcilily.
B. OTIIER PENMISSIBLE USITS Otr'PUBLIC BEN&TTTS
l. Distribution to reeidents on a publicly-edvenised first+cmq first-s.rved basb
or by lotrery
2. SeIl to m€lrrbers ofthe prblic, if ponnissiblc, wittr the procecds goirgtothe
gcoerd fund or a speciallydesigutcd public purpose;
3, Rcluro 1o donor in cxuha.go for mo[Etzry value, with lhe approval of thc
govcrning body of the Coumy/City,
4. Alloc'alions to:a Nou-profit uguocics for distrtutio,n to individrals sened by the
organizlti ooa;
b. Sch<nls/studcnts or youlh a&laic lcagues:
c. Bona lidc organiialious lhal rcprcsetd needy individrals, which
orga.uizd,ions havc no afliliation with thc public official providing the
benefits or l}c olfioiEl's immcdiato family;
d. Comnrunitl bascd orgalizations for dist'ibution to individuals aervsd
by thc organizations.
5. Allocatious to rhe following based upon lheir contlibutionE to the cmununity
or local gwernmcnt:
a. Bmployecr, as part of an employcc rccoglition proEram with deflrncd
criteria;
b. Rcsidenb who havc ma.de specid corrkibutioru to re community, as
ostablished by dcfiEcd 6itcria;
c. Unc,lectcd membcrr who serve without pay on (butfy/City boitds;
County, S'tatc rnd lot fadenl oJficiols or lo6al offoials Eom olhet citier,
in recognition ofsigruficant assisranoe to thc local governmart
d. B.rsiucssee and institrtions whioh have contsibutcd to thc wclfarc ol'the
Ootnty/City;f Visiting dignilaries or forcign ollicials
784
ADMINISTRATIVE GUIDELINES FOR THE DISTRIBUTION OF
COMPLIMENTARY TICKETS RECEIVED BY THE GITY OF MIAMI BEACH
1. The following City Officials shall each be entitled to receive two (2) tickets to a single
performance/event for which tickets are provided to the City pursuant to a complimentary ticket
program, or at any other time that the City may receive complimentary tickets for distribution. An
Event shall only include one performance during each production engagement or run at a City
venue subject to the complimentary ticket program, a non-City-owned venue subject to a
complimentary ticket program, or for a City-sponsored event or other event for which a ticket is
required for admission.. Mayor and City Commissioners. City Manager. City Attorney
2. The remaining tickets shall be distributed as follows:
a. Deserving Members of the Communitvi. Staff shall endeavor to allocate at least 70o/o of remaining tickets to this category.ii. The City Manager shall create an advisory committee to establish a list of deserving
organizations and/or groups eligible to receive tickets. Such advisory committee
shall meet no less than once each year to review the list of deserving organizations
andior groups eligible to receive tickets. Deserving organizations and/or groups on
the list shall be eligible to receive, on a rotating basis, a maximum of four (4) tickets
to a single event. The list of deserving organizations and/or groups eligible to receive
tickets shall include the following categories:. Non-profit (legally established tax-exempt) agencies who serve residents of
the City of Miami Beach, for distribution to individuals served by the agency;o Local educational institutions for use by deserving students;. Senior citizen, disabled persons, and disadvantaged youth who: are residents
of the City; do not have the financial ability to purchase tickets; and,
participate in any City-sponsored program.
On an annual basis, the advisory committee's recommended list of deserving
organizations and/or groups eligible to receive tickets shall be reported to the City
Commission.iii. While it shall always be the priority of staff to allocate at least 70 percent of all
remaining tickets to deserving organizations and/or groups eligible to receive tickets,
in the event that at least 70 percent of the remaining tickets cannot be allocated to
deserving organizations and/or groups eligible to receive tickets, then they may be
allocated to Others or to City Employees, as delineated below. ln such case, staff
shall document the reason why they could not be allocated to deserving organization
and/or groups (e.9. received tickets too late, tickets returned by organization and
could not be re-distributed, etc.).
b. Othersi. Staff may allocate 15% of remaininq tickets for this cateqoryii. The City may create a "Special lncentive Award Program" for the purpose of
distributing tickets to persons and/or entities that have made special contributions to
the community, or to individual civic leaders, including visiting dignitaries. This
Program shall have defined criteria, and such criteria shall be provided to the City
Commission; or,
785
iii. The City may provide the tickets to organizations that assist in promoting and
marketing the City through a municipal marketing agreement with the City, to the
extent that such use is permitted by the entity providing the tickets.iv. ln the event that no tickets are distributed for either (ii) or (iii) above, these tickets
may be distributed to deserving organizations and/or groups eligible to receive
tickets pursuant to the criteria in Section 2.
c. City Emplovees
i. Staff mav allocate 15% of remaininq tickets for this cateooryii. The City Manager is authorized to create an "Employee Recognition Program"
setting forth defined criteria for the award of tickets to exemplary City employees.
This Program shall entitle each selected City employee with two (2) tickets to an
event for which the City has received complimentary tickets.
City employees may not use tickets for an event if the event conflicts with the
employee's work schedule and the employee has not secured the appropriate leave
or permission of his Department Head and corresponding Assistant City Manager.
iii. ln the event that no City employees are provided or request tickets, these tickets
may be distributed to deserving organizations and/or groups eligible to receive
tickets pursuant to the criteria in Section 2.
The City Manager's office shall create a process to allow for the timely distribution of tickets to the
categories listed above in a fair and equitable manner. Such process shall be reviewed on an annual
basis by the advisory committee for any necessary modifications.
786
-ld,lrlotssa€coE-T*'I{IdtT*tI{TItIIt{tII^[Ifr' :i E! ::'= nl'.='l; .. c' :.it-i i. t. .i!':ail:i :-:-.aqt.5NFs€i E* EEIEE!iIEEt5l'rt 1El3;tillEg*=oNt.c,CI,=UIo'i5oaat:EEio€o=EEEoiod,aLEgFol.fo{lPo(,=otIociF==azso#=obaxUJZ,I==ouoz4U=rlll-ou'bIr)]UcO==787
Maroh 12. 201I
MEMORAI.IDIM POR.: Comhls6ionorJonsh WolGofi, Oty orMbmi BGlcl
FROty! Prrr&Del Vocchlo, 301 Oorn Drivc' Apt 604, Mtarni Ecrc\ FL33l39
SUBJI Ethios Outdolince for Acoqbrco ofGift, FEvom or Srviocs by City Employoc
I rocomncnd cnaotmmt by thc Glry commirrlor of a rnudard of cmfuct pohibitirg 0rc
oiry'r omedr rnd cmployocs tora roocpdry a glfl Ovo or raricc dllcilrhd bclow
fiir tnfikct crlun tont u o[tlty dolnE burtocls wtlh tr oity or fmm r lobbyi* Scctio
2-449 of thc Sraidsds otConduct "Aocoptnrc?of gifu, favorr, raviocr", ir tho
apptopiata rxtion of thc olty co& for sucb rfl srcndmo,t lAtbohmcilt l.l
Also rhcLrd L a nprint of tto Unitcd Strb Drgarturail ofJuiticc Etticr Orrcc
I&ndbook on lccoptanoc of glfb by Maal anployeos. [Attaotnut 2,]
Io rddifron, rbo rttechcd rt cxccrptr frosr lhe DOJ l{udboolq rppticrblc b ,OiIh Eora
Ouhl& Sourccr'(tro pa,E,er), thc foour of hc rocommcndcd additim to 6c city's
sbndr.rd of mnducr,
ATTACHMENIE: .
Recommcndcd rnrandmcnt to Seci oD 2-449, CIty CodE l"AcctptsIlcc of gif,t hvon,
$n icct."t
U.S. Dcprrfincnt of Justioc Ehios Offioo Hodbook on AcccpEnoc of Glfu by Pcdcal
Employccs.
Bxocrpt frorn DOJ l{andbookr Dcfinition of GiR Exocptiou m thc Oiltido'
76
788
{
Ammd Articlc W. Standadr of Conduoq of Prn II, Subp8a A, CbtDtcr'2, Mirnai Bcacb
Clty Code, by rdding r scntcnec to Scstion 24it9: the urandcd suhoctio[ ro &ad as
followr
8d" 2.419. Aeaptr[ca of llfb, favori, ,srvlcGt.
No ofllcer or omptoyac of tbc olty dutl rcopt any glfl hror or rcrvicc tlst
E r.ngusge ddtd urdarllnerl]
mlgbt rcesonrbly icnd impropcrly to bfluauco him h trc dischargr of hir o6cid dutic"
77
789
ll,t_II!s.llJECIf,III.IIt790
s{ort(tlol.ILtsFiES-xUJgI.\to\oso$sI(JsIBE'eEL€cgIBd{Ebgg'(\I6o\F.EcI{ndqroE791
C&O92.33 - hnYfi,L992 Ptgo2of4
$quiild b, bw, maror tat slio! lr rccop,bd [r r' dcoac u by
Eo6il @ Oo d!!6t'r bddt c 6at rftioh i8 Dtiil or dvm b uotlr fu
u obabdf da ilaoa dirso{y,tudltoody, orhttc forlirtoofit uby
.oy orlbrr uour, fo wltot Gq0d or SrttE c,grddlrtdE L mt Sivm'
iDolttdilslO &uura &Ec, dELBioo &os, u ti*fr to lvfis,
pEfot8Eots. or fsdlitics.
14. Ary oec siEdlt *n'ioo tr &iog trving o u6tablc vduo
aot rtgsA, Fovid!'ll ftr h 6is 0octi66"
[li$ tbaaotlulu&:l, sdtf, bbE6t!, aaviocs, focr, comiainor I rrylo$r
rgaociriail c'itL 6c rodpirofs cryIoyuat
Wc ue of 6o vicw tharto riclr* providod b bc City ar r oqldilim of &. soutscB tE Ctty
rotat irto vi|h it! ,nrnag'tlr'rl cootp&yr ad proArco would ut bc coridamd igifC to So City, al
it soDo4 tst 6sy co I pad of 6. aoudd{lli@ bG City rocoivee fot la$ir8 ib audifsi15. Bvcu If
rpo'&d omuiax to tick6 to b0 Eiftr to thr Oty, scotio lfml{Br fbids StrEba, dooe mt proHbit
mo dvin* ofsifo b pvuooud oottior' Sao GEOteE,- Ulitb r€Srsd to thc ooupli*."t""y tiotdt lM 6c City ruocitu ud fta' dirEDutor to it
CoEt rtoD.ghb 3+lr.2l0@I fhdda LedobUrdva Codli Drgelds:
flbllc fu !68 h bolag duhtnod s fovldal by htu Fbli!
r$ooy ft! ta'rd q oqlrore hourtd Ia tho prfoornoo of pbtio ddir.,
tlo dmo bg ut ruoclrrtd e gtft stla r Fub[o luporc fbr tho qor
odfi. Ba!ry. tcnofb, sefltcsr, ftc, or o6s oap.os!8 rwcivotl by r
DEbllc oEcc( or tEgtoyac tgts E8 sr tts prbli! lgrorry & lot oooditut!
s{tu.
It fu oIE Ylaw fut t[aso tlolcc would aot tc ouidrcod 'bcodui ltmahtcd vtth ft! Clty
CruirrioorrC prbllc 0600 lhtnty tintcts b rBtodway rhow war utGo tlDe of bacfit wo !d in
nha vhm wo ftoulg*ra frir rula Tho ut of 6! t@. tan6tC b B11. 3+133t0 c133 itrtmdf,l to
a@t ry th5go bheft! typicc[y armoiibd witb oootg qloyoot' rurih rr tralft inmc?' 3iok lE8\'%
r ldi porttq& evd Dot ttrID&d. to hchrda auh parEririu as a lsEp mbcr 0f tidksb b OlrtE
iailrrioem,-Ibrrvs ro offrovieI,rftat6reotffig-Eonot ebolEof o600ftstwssldppohdD
?hr"" f@b6in, oudAsU I dlt
fru fr'c[! of or alirorarim frrn hmB to Eocdou llZ!148, Eotidt Srat&s, rtiA D8ovi608 h
rottsautDrrc
O)G) Iatbyilt aaaor ray rrtunl pmco wbo' ftt oompandioo.
r*tr, or rorrgb ihriag iho 1tccodi4 12 oo,dbr, b hlluacc &l
loohionurking of a r4orting iEilividr8l 6 ProsllrmltrtLetovc ca hL rgrocy or mclr u roug[ aluEing Gc tr€lodiEg 12
aoafre; to ocormga 6c peor6o. &fut or noilifsrdo of Ey lr4otlt
c roooonondatiou tV Ui llPodlg hdittied c pouroomt r*aployo
sr Us aEEEsy. Wi& tcrP!6t to rn agocy 6d h!. ofibli6E4 by rulo,
ocdtltso, oi tgr, a $giiEdot ol 66 dcdgor$on Dtoooo fts Prror
aaalfog ti ir'{lurrrrco ani*onolCry cr to omuragc bo Doeagc' d!&at,
u aodlffoation of aoy prtpoml or rcooorocoihtitnty Elh !8poEy $ sn'
roCcyoo c orfioid oi ttic qgocy, thc tao ''lolbyirir lnctrdos oly a
pafud rto L roquLod to bo ragictzod or olhtEs'bo dlriEDdod u I
iobbvi* io rscodEoot wt6 nr.U nrlo, rdilrolo, G lgw r rpio x!3
6n:ttnt2
792
CtsO92-33 -II{YI7, Dl2 Prgo 3 of4
&'lat thp FEcodiDg 12 aonfto nqufuEd to bc ngicatd or
oftrcira AaOgeta u r 6bfut ia rceordooc lpift droL n{$
ordiomco, r h!rr.
(a) A npsdqg individul or plmueomt qloyco c Ey cthp!
pccro u hh bdrlf ir phlbitld ton kro*tugly Eo0!p6!& dinctly or
haAcry, r gii aoo I politicd @itlce or !@lniltsc of cmtinnu
.d!i!om, u ilcfinod h !. 106,011, m ficm a lcbbytrt vlo lcbhior tio
,lpqrlilg iudividraTs or proarcolal alplo1ru'a rlrqy, s diroofly c
hdnotly on b*df of lLo pntor, frm, mploycr, r pinoipal of r
lobtJlirt If hE lrocrl c rtlrco$ly bcligvcs ttrrt ht ES har a mlr il
caoa of f ttXI. torlrora, l'raL I gifi 6sy !6 ucapted by ar& gerro o
f,6r$ of a govmarlal mi&y u a duitablo @Bmir!d,o. If th. Eiff ir
amoptadcnbahcfofetov@fi@l otlty or ohrrit$b cgEdzdon, t!
pcrro nc.dvhg iho Elft $dI Dd EehtEitr coltody d &! pff for uy
pcrioddlincbsf,md >rc6s@ebly lgoegsary lo maga for6o utrftr
o(ortody od marrtip of &a dn(q l. polltiod omroiths or e oomittoe of omtisuow GirEoooi
u daGacd b e 106.01I; a btbyi.t rto lobHu r rrportiqg iudiviiiultcr
Irodtrlom, loplolrE'l agporryi Iha Dttor, nm. th0loya. o pio@l
of e lobb:r{rq c aro6r m botrlf of ttc lobbyid c pchrr, 6ro,
Fisip{ .E EFldrE of &s lobbyitt ls F'oh$ltcd !,q gtldDg! d6rr
itirrotiy or hairccty, r l,'t tri hu r vrho in aoan of tl00 b 6!
rapadng iadiviad or trooutllol @Id:rao c oy odbar preoa o Dir
6rLrt tcmcrrrr, rch panoo nry jivo r gift tavhg r ndue in qccrr of
1100 b r nDtndrg iodivnhal d troar@Et ryloyct tf lhc Sli it
loiorld b to ru&rd b 1 3ovcr@Effil adg .r r ctril&lo
sfldzldr[t"
(0(c) Noh,ifunmdhg ttc p'tovttiolg of rubreodon (f), o dV
of tba hrbbdvt q julioid traod a d4rhoml q cmuirioo of 6!
dcotrtivc brucb, a oonEty. ! u[iDipruty. 3! drpoil rubority, c r
ro6ool bogd rory giw, &lr drwtly q indir&. r rift !rvi$ r$rlpo
ia *oar of $Ifi) o ug repoctilS Mvilhul cgumoat qtroyolf aia *oar of $Ifi) o uf rgpoctilS Mvilhul s t!6[!o8t
nrblio olmoeo ornbo rLova fcrfio dft ., . .publio pwpoeo orn bo fcrfiodft....
(b) Notwledadiry Oo prMeicor of gub$cdoD (4), a r+ofiing
Indivldurl or nrccnnorat @plry.c uay ocet a gt0 bt'riry r rnluo intdivldid or rrccnnorat oofrycc uay ocet a dn brriry r raluo ln
orcoar of Sl00 ftoo E lmdty of &e bsi!tr&! c julicitl bnaal, r
dlerrfurut or coroolrrioo of fro croourivo brrri' r cotdy, r
nruoioiprlity. a! iirpGf tdadg, o, a !c,[ool borrd if ] F$Ii! Etupolo
oro bo rfrcrva for &o Ee . . . ,
Submc{tsu 1t23148(4) $ould grohibi a City Couairdoux toa arc4tilg r jii vith a whc
ls oro6r of! t o0 Acor r totirilst who -htDior Oo CiB, or to4 thD DstEEE iq cmdoya, sndu@l
of a lobbyirt Whib wo rcco-gniza er( Fublic od dD rfr."',Ft to iufiutooo-to. ofEdrl
rctor oita o6oas of rhcir rublic rgwy' uro do rot brtiavo lhgt &! .hfEitiot of rb!fuiirt" *rr
i*mdert b eoool[lrt!. m.h DoroD, rErt thdr foiios wilh roaP*t to t ir or! $lDdfl 0msdtlto
'rldb!da8.n Nor ta thce' dy uOsatm thet ih! clty Cffi&r ilrarglrla ttfu turaco ir rotilg o
b&di of r raaa, fm. qlovc, of riripd sf r lobbldtt {tlo lotbioo 6. ftr. AcoordD8ry, ft i!
our viorv 6i Sostico I t1!lit(l). Flcrida srfirto, i0 bsnlotbb io thts slnldo'
Stbreotio 1123f48(5)rm,hihiE Elobtyirt vholobbfun t! Cryofl\,6tf4Boro\ u&cporhr,
f6. @lo]'!r. cE pdIxigrJ oii tobbyint aoa diruotry or hdircdly Cvius g Eift wlh e vslu h. woe_-
cf 3100 b rnobrrr of th! City CotEhicd@. Fu ht reoeoor ilErld fo e! fEofpiDg pragrqh. wr do
I
&:/furrrr.ctLicrttsb"fl,t dcplni@d06l. .oA5. C92r/o5C{JEo4*,2fr92433 fu 6EsEnt2
793
f.lc,6agE.qao.il6ro6lo$sHoxdEEIBcqt€EE,$EEi3iiflf,8SE€;sd3,e'Yg'aETlEE,-EaEqEBBs:i4 g.i€3,EEEEET,gr!flEe{$girEErg{85gE'{8,iEe:i$E€EEdEf;gI{E€3{f.5 5.1to.Ef6EEEsetlcET$EhrE]sE.6i€.alrbBf:8.,bE{E-ElE,.ta-ErE'1i1l's,gE;'B't'5:!r,8,iat.gd:Eaa.ttEid€nl.dE9r6!tGl.;GI:I.E;€.6.gt€ttfEa:qH;g.,8.FIttsEA1.Bi'c.1t'atEtEio!EIIJ, IEio'Bsirt.H:6,glotra:dor{' I(rliE€q,9lrE,tsr$8Baloe6o..8,a..lcrtrlo.dI,EEEIsc6l,.B(lEET?roEHrtrl}o€Et:E3flFE€6.1a6i5:6'efi3S5-.3.E3EF3.EBEErd$EgEE;Ef8EeH5aEHEdE{{o!CooaAl\IoiAit\aIttdoB794
Ilsoutlor ro. JLl0!11-
I nrror,utlor ot tf,r cr?t qrlsrasror g, rrt;rrl ot [rr}{tIrtct(, ttarlDr, DaortDlxo rlrf,r coHPlrllrlatRt rtcrDtt tol
I'DE?OtxlrcEt raD tvtl!€ l! toll IID |l8l oor(gtrESola cDrt,tntrrg! toulD omltBxrar !l llerrvlD lr rm rrrot, orll
c6LlttaltoBrrg tLD cr?t lxrtErlta lllllL llnlltllt t! LlD8lvrrrllt B !o DrelDvttllorD IoE ilt, Dllltr,rD Drr3ol.s,
gD$ton oIltzDllE lxD oralf, lIDrvtrDErE llD Do rol lrt! tllttdt rcllrr tlrLttt lo ,DroulaB lltcxDrs ,08 ouLEolll
tvltlE . I
lEtEElS, Puatuant to oo'rtr3et! brturrn tbr olty Et tll.ri !a!Eh
alld produc.r rnd Dro[ot.-rr o! FEfornlnctr lnd ,vlntF o! thr Cl?y
o( tltanl E roh'ftr.rter'o! thr F.t l(,rrlng rrt3 (!!OPA) rnd th. tlllrI
Ecach Corvrntion ccnt.r, Eh. *ayor, Ctty cot$hrtonrE! lDd cltt
uDloyalt currtntly E.odlvG ticlat taE uar(oua cvrnt3 lhd
ptrtorlllhc.t oocurrlng at tho.! ttclllttrDi .nd
lBtial!, th. ctty Conrlrrlon ballrvor thrt theEe tloklt3
.houllt br utllttrd lor tbl . b.nrllt ol dllldv.tttAg.dl youtha,
dlrrblrii trrtr.nr, rlhtoB oftlrthr ot ths clty rnal othrr tndlvlaurl.
uho ao noi hrv! th. llnahohl lbUlty to 9utch.r. tlcl(rtc 16!
oulturrtr .vmt t and
ttrtnllt, tt l. altthq lnd 9loPtE thlt tultur.I rv.ntr lhdlld
oontLIiu. to br rvrllrble to dlrqdvrnlagrd youtba, ahrb:.ra Per.oo3,
Dur tln! 33h1or cltiDcn! lnd othcr lndlvldurlr vho Ao not h!v! tha
tl|ronBlrl rbltity to PurDb!3! tlckrt. for Eultulill tv.nttt rhd
I'D!RD[5, trlly 3lronrorad Frogr]rE fo! tshe utc arrit banctlB el
th. dtlrdvrntDgcd youtha' Ahabl.a P.rtotr5, r!,n lo! p.ltl'rnr lnd
otlr.! .hdlvldurlE vho d.o not h!v. tic tinlnclal lbilltY Eo PurEh.tr
tlch6t! tor cultural ev3nte 3ra necc33lty rrld ProPGr i rnal
f,UEnll5, olgenllltlo r culrh Et th3 tlarl ISat' havi cE.lEad
prElttats tor thl6 PurPora '
NOtr, tfllnEroRD, !r tt BD60L9DD EY fE8 OIlr Collrr9lrorl Ol lr:l
crt! of lclttcl lllcu, tlDlIUl. tbalr
1l fhrt thr lollotdno clty otflql.I. rhAll E tr.lv. I ntrttllrE
o! lDur l{t cohlrl hcnt rry tlotltE tor one'gErlorrtncr ot
rl1 rr.v PEoductr,onE gr cv.lrt! rtrtoPl lnll thr co!fllntlgn
cahtBr tor yhlch ruoh tlctttr rE. rvrllabla!
l1) HaYor ahd clt!' ColttlEslonDrr
(2) Clty Mlnag.r
EXHIBIT G
795
i
lt, ctty lttosaly
ltho tolloclhg clty olticlilr thrll ,r.c.lv. r Dtralrua ol
txo (2) oolpll Brrry tlcl(etr t6t oh. tErfomrnot ot a1L
n t pro&ratloha or a!,rt}tr rt toPf !n6 tha Cc]fflntlon
c.nt r tor uhtoh ruob tlctaata !r. rvalhblc.
[1] Srhlor A33lstrnt cLiy r]htgar, contElct
tltrlnlrtrrtor
{:l chtGt oeDuty clry lteDrtl5y
lny fnA rIL rar.lrllnt tlclc.b. rhall br dorrtGa tD
dllrdvrntlg.d youthe. lllEblrd Dattonl. tefilo! !lcl"th.
of tlart Derch rnd 6tiar trrdlvliturl8 rtlo do nDt hlva EbG
linlncllt rbtllty to gurchlr. tlct tt ,or sulturc!
avcntt,
lthG city r&tlnlltrfilon rhdl Crv.top guld.lln r tnd
.pDraFrlEt. trlooeaura! ulE[ tagllC to tlr adrlnlrtrrtf,on
of thtr FrqEll rna lhall subrlt t!10 gulGaltna. rnit
rgFroPrlrtt ErocGduEa! to th. clly Cculrrlon tor llnrl
rPprq't al.
fltglD rna lDOtilD thl. ftL 6sY ot
!l
l't.lfaa t@CItry Cl.tk
r \AC! { rln-$r.r?t f./lrtllii.'lI!,ra toRti[APgR0vED r-)
uGAlnFr. _y/ir-kiud-f"i7n4
ow '/, / , ttt
796
i:!ii: fi 1i +I;[ii; :E iiilff:i ii riiliiir ii ;i e;*i!{i E; n! :iii?iiiiiiE59:ti.: is :it:EedE ;s 3z!:ii;;'l li i'i;iiE;!i !! ;::83'I,rr li 'f,i;iliil H iir ii;i;lii ii fi; ;i;;F:ii ,ii lix iiiliiil iii ;* ! IE!.tt;I3atja,EiilaiiiE;$iEExiEiffiliii:lEiEiEE!iEEEElll 6- - '.dsa.-airIH da 3 rElEIEtEEESE*EiriiEEi!*;-a i. - a a c F;iiiEEiiE-iEEiiEEEiEiEEiii!EBrI reE EEEE;iiEEii=;3SEiEHEEEEE:EEEgE!:E!i-!t roattGrra-ato!EEr, hta'r.l c-oh<5ra5E.rFo..Eeta.E;.i797
EXHIBIT H
oertain gotEtrlmEt cmhad&
Prmnut to llo elilor C--illo'r artliog oilhrecl
lr tc ava r 6o godirE dftt iuttls tutt ty, '--S 6!r lt"kUr,
qdd drirtr rod dtrpf,Iic E nil o !o tb rrguird trddr 5lc.l
cmlrim ir tqorrrd !o rudro rll prur aitht +oc6dy al
d6o16 -url.*tl pn161. Acocrdh#, &ctlo oodude dr
d
Csut6c thilofSG I,IirEi-Dr& Bl&0A[8!!y'l OEcc .!iltt o
E6lol (cOEh trcthh ryproplarlo &llowup olrqraaiu &ttltrtlht
d ngEpd twooaadrdoqitad SlrlddtDr lorddrcutoro 116
htulvod r gu dgo t*roortoCbydMi.d EEe rhc Nm
EvdsAt G{WB). lts iniful ooopldd ru oirito by lpon lolt.*gy S@c
f,4aniBacborya'rrho war drotbo C&dtoau dthe Bcd offt!1!.
rlcgdo r,u{bdfho CMB wrrrddog to Payt NWg booi6 t'
A8rouott (OlLl) udce lLo l.[!IJ8 proqlihd tb. Iuq'ff.rgd
miro
htflo
It!8AO
LCid
.ltdd
tLHo Dolld.t Forid.
Gdrior -
Aflbdubrt, joid imedigrio didlotuoso'erEy ofahhrl
ryoro trrrroOgotioior th:tlrrvc [rdtrd huwltrrod rd
Addritdw rtf$ilh oolEpliEtrytidr'ts tD NwB
lnroo ir rttohod br*o rr E*i,hid t.
lnd rOOol*cd oG6drb. Eloct d Ed.Dooldrd 060fub ors
tE litLttdilodr of rlollsr rcdth ofti*dito oovard cvafr
tl Lew r oodrolual ddfodig wm tbc hel govmnar
ti&raowr, tb(t'c httdrdo brr Sovla ttd rovrrd o6c
r 8i*fua 2-1065 6f fu Codr of I6Ei-Dd. Oor4.
798
aiUG.eoI€IEIfE{ttIt!ExttEEIs;ttEtbLEEstEloEqt$sEittc&IEEEEs3Io!toG.tEtEst)TEs€,I-EEExGCt()sIt{s5trItrcfs*tssE8EjE.$ts{tTtEttqIsBTE(,aE!ti{I€ItttI;l-ai{ttHDFtI$EuEE.B.!\tEEE!EITtq,s{E.$tllr$EsBtgdteEBso*bG!sb6$6bEctEIEsEl{oBEotI{.t€AtIIaC){atdEIL6tt8,h.sTBIE{E!EabItG?rE!t.l!It(tI€ITtpqtItu3sEE00$T{EIxEELE.E6bEttatsrdiEE!!*:tllll.tttl(sA€rtEcira€Haoss6E!d$3EBEtFEEre$ErlEEt*TET!"+ttL't$r8tEB5F}E.t8eeE tEr$iE$SH EEiEi$$$E$tiEIIs$$rt$E$$oEOrlEA€dBTEeaEea;!€B3Ir91TEa-t;!Ht{c,>rtlooaBo6Eto€H€E5€I.EE.5!i.EflflEltHAHEg€g8tIEEBu3EIE'DaEEoEotElr:#EEf;:oaEEXHLaa-rEE3E€{s:;EEri 'O6AaE€aEaaoiAI3TrttFTAII'E€:gIt{:E799
Io!Bthooto2rjticEBaaaaBIrob,-oEtBIo3oaBe.tioI*xqTo.FEa&'sGtli+q{Eb!aod>r.9dI!.sr,eEBtEE'HIDog8.tA.o5E€EifEg:.tiiE$t'Edsi -.*,!ilt:gtSE$C)Eaa!t'gE()rt-x05I!{$IaE>r#ot5aaIBta.=E6At{EaI5DI#Eoep5€aE.E.E6f,=,aoE-ato&Boa5atorl*rlE.Fr5€oB{T!ao€itEbgt{erU€E6$slr.rFTrt6SEEEr.!6$E;EIEg!,t'ofiE-a.g$Bgatt)rEo€*f,2E.ILI8lt.EtHFr?'eogFeDOIt'EltI,8o-lt6aEs&Es69EtF,Ee.E$EEEt!EEs$$BpEoE!ttsEItEG*.tEEt0tslt!osYt1oEIT!-!€{!G.oErE.Eqigt:IgBs&.i i€i tiT EEq $6sEtlt-bEdeEEPR\!Efia's,Btl,Esb.,ET.EEET.. BEE ETI bh'$ !f,B.Iio ^t4 .rTFatfls,Is?$B.l-sEEElrsEtEEEIItbpsa(,)ttxt$,ta:rE!EEa\S+EEtsE.$fifEEf'EEC)g€3T'6i{ElrgE$$$!€tE.aC)o€fD,E.sEoo{oirE€IEb'EhsE€aaosjHE.!*oet.aE6aEEEooatEEr.a'Iatlo.,!eIU6EA.E(.)8'€Is,sdztT.E.ctaCI.Er.lHFHotfbPreC,sgs3CIELEoEa!tEIEIE())r5dIa6BI€TdECJc{DIoodEF{otro€gitGBrt'te€&E'a$orro6t{.r€a-aE!:8itxc)F,+Esg $i't I'800
Tha iavdigldm fouod td &o CMB Cily Mrioagc rdr ar ditihioa
ooryltru,Cgyli*dt rodvoal byfu CiV, (hco ti*ols coorto o6oD,toy
ihlrlhrtod rnmgt!. Ilryor lod gty Cod$iomrr. A log ir
lho ti4oo l* bb lto tlrlll. of tLo clod.d @liih f,c,wcvtr,ltsy !ryc
drcrdiuto llo qilblh.orgtdtoyDlcrse. Ito lnvoili8{ioo thrtrroy
Connirdwr @ ortrh ti&*g frtheir porroal ura o&o.
ftir dldtd f,dclb awryto tioa&, faaity, rlrff c da diil *nfdr
cr,idee !6ad &iug ttc oomo dths iwrtigtsiol arg$di $ioo8ro,
aro lradod grupr of 36ir oiEzot {ho rturdo rrell ewEa
bolfioaoc ir rcrpooriilsfa lhr Ao ddtar. Tb polttiosl dotvodftou att, {f,
hDayc nrtrid&od gurrooity oatbclf bo prrodtd o r "dff to dodol IJtlliz.d
ty cloetsl 6dtf tldr prcioo L llkdy b to.d lo Pdiliod
frrtr rvih blo& otndudd vccrr oilo drr lduodrl
E b drytldb CMB h ur dtrd4 tt dt io thn ?ti of
20694) ta tf,at low of tbc latoatlod rcolplonto I'0. I
pc, oag rolr dfunr ofllbd Erd rud q&r hdvith.b Elo mt trvo tto
rtiEyto purbrc d*dt lh ee&tnl cvd+ @d uP bolAdES tcc
"Flrilio Baofilf rbol4 l! o|r vi!tr,, brodt fu lmd p$lio rt Itr
FMy bE flddlc d&oo'lutlb bmcfrs" d! lhs'gofiEnd fiB
lloroovu.'ildr 5pc dti*a dielbutito d/l[@ .Pp.ar to bo$.tlpG d
fbdd. Sgto &tior Coooirdu (FBEC) opiood' rcadtr ia "gifu'
odEddr.
givato
DitlFo dt'&ts d4$rc4llorol#rnrtrfio bomdf danor:
Wo rcomodthr clodod 06&l b! oilltcly noond tt!proocu
rfrrftrtioa of oopliadrryuecr. AI losrl Sotmnad diric ftv!
rddoilp GrdoGair mtdPdfynodvro'lubllobcdr,'
twd {*tl+ rbiltlil dopt I polioy r pooorhtto th't iruhc md rfpuload
fros lslolvt@Ed lo &! &Etbcdss pomc of tte boocftr. od rtoh rleipt
oqlimoarydo&drto oacdml Etattrre ir ap*tic pqpoea byt[ob
urlbiott.
ot
to6rt
tLdth.
801
Wo udreoqorhat rita publica'cnerr ie Egvr@d
c06!6t E btoofiq ar& u ootrylimodrry tiEk fqfrm a Privd.Ittr ora bc
Furporo fc rld a baocft tlha ' -a r publlc ooo. 6u6 ptblidy itrlar difti!
drnotorfuooyffptuio poporty rudrctxt rrrulo c hdl.tirg.dstoh'
r!.!o f66ry1hhg ottcllmprHlo FtDoro. b trislly lod pobhor{o
Ir llsd of tb City dMi{af Ead invodigaio. tbo Cmlrdm ts
'lublio bao6f prctioai i!.t vfil orhu toaiotpditio. Wc
tl*rlrro rcdirlyproviddto olocod o6dalrrad tlc cny
rt"r, ia lto of MlrEi
oahrloqta, rto ,ruas L. l(nl& C.dtE Baytont Pu{t rad tho
Torruod (8EIII thurgh a drflr dtolbrlim pmoc&n
Ar Arrirtrd Ciy lifraqprrdvhdlLo @Btrl ir20lI.May(r
rad tho Oty lllrrfr cro& rooclvod two,(2) ticldr pc udoofc Ita.l a2)
rcuior ptu r puthg poc fr rir 8ETT, AGly otEdd t!@B
0*de rro grwidld u put of rl rgrrmc bcocaltc OUy'r d
lfrmgmat ud [6ui-Drdo Cordy fu us of t! lrah!pddEslc.
frrsg!tr lEmg
Erioioo
(tb6
eaorlod Up&'
Ia
nlu.of
FEotrr. E
loa rala tha iutc to rhl& prrrnri or polldorl brodt ta l[c
liuq ts loy, b.of4 fioa o& a rclf +ftGcCod Dodo of
I!$lry lrto ddr fodcrr by tb ci$ cf Hocrtad tcv*lcil
bra. rlfo!@dr fc thc lloordcad EpqtE Cseda( Bd 6.
Agmmal lcorot cvcalhdd rtfio oouplat (graudio
L Irry Spqlr d fri G.ty ofEon{tdd, Iup.} @II rocoivc: tho da
tdy (4o) &y6( 6&6r, rd tretsoy fio) pqlti[g D.B€s.OOE r di
Emcstcrd Moto'rpd, Joid Vdrrc rtd RTIPhSro&rz COg b!.ogrrrdi (s)
soloplhecrry fasrl adddon tlolcdf tho ur sftro rod
!,6dd ir ttD (tf, dvird ftd bo Sivo Sl tfutob eveyto
pcoplc' tlun so r* rooltnr orrupta dclocud 6dr&
tl*da fc carfr rodiafto aLlboror fu oS cr'd hdd dtLa
dcoll rro 3rrdnd rhrdy'ftvo pootd (2t%)dLmE oE
odcrpctl crrdrhlld ttbo rpoduay. El& oliglblo ooploya
t*t @) dl&oud6ddotd.,
lhrr
tLaaao
ilsit
t
tI
I
I
I
II
I
I
t
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I
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1
802
Oae COB o6aid ufutrod frc OOE tbst luEi tk*I*e rIo ldiDtir rnd
trt triha dlrtih$cllboloridcu to Citvdddt 1ti,gidbuold
ftrud frrfiuoo Amrbo E6bo Cmninion m q' fupc.
Ar arofhrr crlraplc oftto o0ra rirr.' brpprofido uco
200& r @H Couaoilpmou rru athirod by tu cOE lbrt tt worild htpptotrldD
Comotlpcrem to offc r oradiddr nahgfc 6lrl. o6os Oo told e
fho dcifnrtod City lq/tox ed ooly bo drrgpd rha disurdid
AD ltr+dty ldotho polioi.Bof Mhoi.Ird. Cody'r
Aotffdilg to I rcflsotrtirrc of tb A&icona Antd C.mtr (AAC[
roquinr tbo Pcftrailng Ailt caotli to Ptoddo r oalrio ttnb61 to cl.t
ro C6rdy o6ddl. f,o$tcvr, ifto AttB CcdtdAAC tui tilE!
tty alo odst CdEy Coooirrimar'o6oogto firio 6a uoar
o&rrilyt[ro utpldor lf,oy oro doaac tb rrosr io. Ib
frrorclvce rlo pt1urr tkolg[ Oi. hrsds ofCdy ofichh
1to prdoo d'*tchllhotl*ds utttrbloto rpira4 magofi[qotlo
drljodoa ty a ri^oglo olootod ofiloiaf, rAbrr tra I uutal P-racr
ddhdy quortiorblc rnd Foblcodio.
@E lcrvisnodtt C(rtdy's Dhom of 6&td Aftill dritodtld
":suprrlourly rmi.t"ttvilg Eytlpc of lblio bco&" drurcl ruyofttl
bdmo tDc coutry rldrry oftbo q{tml rt gulpt lhrt pgforE rEi,orU
frsitfroe Uo fllbcr advtrod thd oay s{r gruryo ttmrolvat povidori*dr
rrarlcFivilcfprt groule oaltsboql hnHr o6o thol oot oir$Ey
to abo(od ofioiElr nor regho +trl rtry utoblr of tiot*r tc ooffiifrIllly.
ft. Cfy of0crt Orbt€. (CO) wrs.rkod.bqdlh policy tb.
ddcds rradrr duilu rgruatd. IL! COB fotud lhd tt. &trrs
OO urrrrgc lo svdd iuilarfrmo toar dtobd odncils h6.ir ot
C*rfa. fbBrnodvo lfcoaor of,tt! Miraolo lt.ac rAdoottthrt
wqgF.rd rgrcoodwilbOc. Inlh rErctod' tSa Ptayhcnro
Ptaybcuo
Ilr
to dvo ,dc&artli
tho oreatry. Aotrtingto tha Erocudw Dirootor, ftc l!d. of
d*ar gvcry yar no nocfcaro& qrolor, r&oot+ rad drr tdrwr!*o0
803
.Era.,ogt€IEEeBEI3BEEo-latEg^esaEEaB€oE6-heaoa5b€g'eE'alEas€ab!EE!T€oE-E€flEtEotItb€rioE€t{a3.Et?oE3Ito€oEEdaTcgx6.Eut.ooadasE,aac,I3oEEa?tDoE.3ETE.9raE.UE.BgEEraoTE{l$aa.Ectt,ItaEsoIE.3oI€ff,Io'ndttt3aeoIEtsrEidt's3-Et&.3 .t!oo,5&E€ig,E b-Eii{SE€.Elra,!t5Eg!oE.{,a'aEo€El.od.EEToEla\TEtoaillIt!6qgIfTT3$t$BEtrlorIoI:eoHa)E)r?E&oIEeo€'a€{rlIoE.rE.!EE.gald.E€EEoF.9.asBEao53UID-lt*E)raItot3-ds&'6n'aEottEtts{titrDE"-E!EiE.E€agEEiPIEEEEEsEges fltB u{E Hf,E iifi gE€ fl.}0{.tgoFje.9tE.I6EdtEc'E'6oc{'lllIIontosEo€IoI.tCIot6EooIc5€3oTolrl!atEEtsEI66i.ttoE4.E.3Eo€oEEEa.3do.5IrtE.odoJdBo,EBEEoEtblc.E€&HEBts+l€t€e€EE.(,DoaotfiDIA!CIa6a>sg3&t-t4tfl€arlitdo-dail{g$sEEI.agCrlFt'lt€FufidttEo€BI=l3E.tttaoeJFD.f.H8EtE3'o.Eti5€Etsl.FToat..$IoDE*Ha:rlonEbB-IDD'EbIo$54EIII'6orlfloEEoloec€oE8€EsEtoB€zstrTEd-EtID!:ataIsrEl€oEsu804
It lo uolildy rtd urg puolve dooduco I d cl{otf to rudrn
Itir hpodrrt ad+ Loroua, ttdi! CDO'92'3!,ltr hddtdcty
Coraotrrioqt brm rtoiwd r gl& rc I bloo& of o6e., $tE dtygr,,u
$d.dr ro pcfcuuoo r r ushhrlly.mned $ode, $tltr ItE
cmdtlm of,tte lsc rgID.Eld ?ilt tbE Pldu.r$. trlha.r I Cty.aotraotr U*rr
e ;rqCt dltsCtyoaodltorfor,rd trtaotc6*rar m amgtb oftt
O*,f Omtrde ftc ottb* trh pmml uo q to ditiUdrto dtck tu
si6sioithrrlooo6oirl rolr ia t&e ernrr" r, d rsriaiuu'
prognE of &c od, cm b cooridarcd doodtooc d ra "ffioirl
Rrdfi cdioug sldrq4rtrc!,
trospootirn ofih otbod ddilr&lilo uploycd by r
oEddr E d bo oo3nizaa of Euo rod toorl gifr mlor rtm
praiurrty drarsa4 f,lo dodcd o6oid ir dodbg r O*tio u
tir vlbo of tlo d*lt a irnctio L not ooaridaod r $0 rod
tigo&lfto{ohmttrrl d'
asdcrr ofrb Cfy CmLrloa rcoCvl giir rrlid rro rr$icto
dirolouc nrovtdor,
Abo, r d*droodrrd rlircc{y Aco a nmawmd
4rorocd brtwrato dity radibo loool fevunoo' b ilbjodlo
lfr out b Eodicn 1-lf.1(o) ottta !&roi-Ddo Qotdy Codist
Ordisroo (rproerod bdox, in ib ldrcry).
ta*ln purmdto Srdu f l23148(4) Flcida8uto:
'Aropoatiag i.odivirtrd!...h gotdt'hd&o koowiagly r
ilbcciy a lrdUuly' a gin. ..froo I lobbyid vto lfiisr
iodivi&ul'r .. .aeE ,y...ifbo cr $t lomr u rrrorbly
l&o $n hl r vrluo il orcau d $100 . , ."
r Tmtiariartviil{ dtnG.t) OJBvqyprcor}ro ir rlladbdoi!
m,'inEi pt* tU b odiril o ru tiaocov bt o qird trn in
Frt odEd.l
.dity,
tldr&bn At
duriq-,
thc olacod i!Et
t
rratpier
ofuy
dirdum
radCod.
r I 231{S(U tlcdA 8leiri.
805
nn+ il ir ioro*athat otocod 6drrr .r** .*-" I t J'--
Aoo o idividurl t@acdta lobby inrhair pardotlc gsan@+ c' Stat' Lr $ijE
potftirrrrcrecoptocoofarch,iftborrlroirta*oruoftl00'0f I :
B@.sih$E I l1
Mrd-D.d. couy Cmllid of ldrort Ed codt of Bh4 oo"lo* fahiO.L
CuryCodr Eodo82-ll.l rtdorlopatbcdDul I t.;
nT'r?#r-. *. talo "sfl r' tldltsh r rl, lnrh, r,^T, I ;
of cmmio t/!nlo, wtctes htta fam daooy, rFtvto, IoaD.rn!ft$'
dcdaimld.hilflhlity,itooorproolrcchu$chafom, I t
trifbrln dequdo oa hstl ccoriOentis. fooa r{d !rcn&. oq(Aad
carhgls.i$!gccd rhdlbo cruiarcardq{c i& Ed6o+P
dtb fld od [wsagp FoYldsd d tht ddrg o fral ftrll bo mfldrrd ttr
ffi#" pwidmr or &rtr*to tc> o:lur "q qry[i 6
iotiC*t ootUAoi. Todfodtv ndtriadUy 4c trw; O) OtFinc
rddva anoboo o0oo'rtouraboll; (c) Arrf fcfofbrCo# Creirio
r.titr,.lod; (O l{driet llrd er to*e nDfltt P{dodorb rp4p[tutr
ctld uc ololy lafor-taiood or do aArdeiag +e!i GlOifu Hldtd' bycorty mdcryoorc doprrtordlgtt@d chhtf oftte0+4tyi!
irararicc &tfo oEEdd ihilt fE urs mloty td 6s Cmy h $itudag
fu omoAt Ut*tt; (l) Oiffr rolioirrd by Ooasrir{ncr m ttEffu
Cody b gtcfcarnco of froit o6eiC drtiolfa u| robly byth! Qffiy h
e oaCuitini U omdat trreinerq C) c{ts ioti"itd tf Colttryi4t ts. tlhf!trnobcrrototrlfofuyaryodtogpitdoeftul.lpldy
Uy ttl orgdzldm ttrrt Ddfrrr thc Cotdrdm* o,a tir c nc *ficirrr alyocirpcurtioaeramlt oflha mlictkFo. Aru*d irff
afrcdto, r "nepo& rgrdzdo' &dl oru {y olty aetOffiln
rcstio Jol(o) (!) d6o Icrul lrruuo Codt (t{ '€oda) 6d It Fit
rrrufr udr edioa J0l(r) oftte Ca6r, Al ut€d t4 '4' ElD.d.Ed i
rompnrdm'ruor ny moly, 3l$ frror, pdfrlod monftn{4't.gqfulucuolbrrtueo&ilblodt I 11
(3) hot$btiortr.A pom &rcr$cd io erbrccdm Q) (l)fto{b(Q ildluith rctioil ar douad uy gift. It L rbo uolstl ftr rry pcro{d so!'y
!o oficr. girn r r3roc to &ivG to ty pceou ird{tt h-rb taE CaEFil b- .
&$osd6 &) Olfuotd(q c furav prrrot la{${blb rr:sldltud h
8rfuro€o O) (l)thrcrgb(6)to rooqt r rgmro {.Dttsi'E rl4t F -6cudy, my gift forcbcctrrp of: (a) Aro6&irl{Nic tdi.Drrt+Fto b
trto.ii c'*e coutdboukoa; O) Atogl aryf4rod clobo{otfooed'
Orntid oorldbr prfcrand; u(o) AIcC &*r'ripod ato bc vf{dc{, c
6^, ffroo. "c,ia*
ty tsv pcrr- *
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806
(41 Dtg/r,,we *aY pno nurhdod bts rru dafiiiqf tO Ut drilrc uprovi&rl lcoir rry 8[l
mr rr:rm or rdity, f,rvbg I rnlu ia rrcrr of oru
Srid diroloam .h.tt to tlr/b R filiry a cryy oftho
Chrytfi ll2. trlsidr 08nil, ft -loql 60ql'
Cordy Cooutr*mrro 8&niltrlrody wilf, $c t
Bcc*rrydEtdc,i
ry of MLEi Co&, Sodioo 2{13 rtdcr in pclhd prt:
'3vcry dr, ofidrl or s@loycc of So city.
nom4 omilrio or rgurY oflho oiy, h q
ay pr&reo rdr or oom[nc ir ct nidn bclEu,
rq&lrg drnlo! ufitrowc, arcp cfr€i! giela
lvry
dirldy q irrafnodly, froarypcooo. osmfqr.coorgudioaEgrfiq
drnrood
o)0)arciaof &oauy
ddlg!
rh!cld
oftbtro'
oey.'
@ht
E lr ltpqtrto dr lhrttn potlatrc?atoirq io,,6c
obdrd o6ddr d0lehstbra tidrctr t o cdodo oftbah r
rdrr{ttr, lr uot ra buro 6c EftIcr Cmlrdo hrr crr l&clld
.t-r thlc ir daply oo good t!.!oE wlry a,Eld*olr nodvod Uy r
tcpri.lr
sr4rrourl rfblic bcodc' oLurr c tfolrgh lry othr bdrpalb
ort a pchdl dtry, rbuld pm lhoryLfbe tao& of dooard rh 6d
6e {*ir bo dititrngl to ihl prbltc by ro obJcotirr,oEobanirr.I
cutrt gcococ wold raovo uy nrggc*ioa of polidorl a oth:r 6r
oIEcirL. Ttdr ruowdd,icn ir tot idro@ to rtggllr&d of
tid<er by prblio oEsidg ir ta astoudio r ptr re viohbor ofito adoalol if!,h6
qplioblo ahiertlo* trir oonodrnblofia rcoo pblioofiddr rrot IEI
oalncth ir mn4otitlml rad tfhcrniao appropida Ro*wq
fufrrdly lif.Uto cutc ctLiod probloriarry ltitihnio of ba.Etqr
Dy a potioyta dloun ftr ilirer*iorry dirHhnlo of e$L bocet poli$cilot
ovsrish rioaoudrtillity. It6.llfitilltyh n&iodngra rtiodb
6ere ob@d.s*e har lsl to tlo rscoEEciddoot ouahod io r?ort
807
fu6 dfft, t ryr wo artgcil rltd tid;ts to prdo unlhblo rhlp$llsb S06![
6o ton ram-politiorl roupo, for cso9leibo CSy/Cady oEoe,d*.&cortd
ba oilhr girurrwty c adild r dbcordcddt Airtrtr bo
Erqffriond Tld.d Polisyt[d tG Cilyof ilfirlli BeDhldo4tod Evrar Tbi!
rndhod rrold rcao to anuc 6rt yuft agroizdim+ rcrisr c homa IgdrorGtg
fu ra{aity of bc pblic bcocfit' coridrta vih thc of6tch tiulidru,
tr$illd day dsncd olEdah tb uadsrvod oppothutiffb C unttc
glrcawty ofti*.*r to fuftr tbah grrmal c pdiliorl rgcndrs'd raothu
L b follon @'r rmroplo rad rrern 6o gwruoC oAiry lroc.ar
Agd4 wo rdtada tbd "gu[io boftf rhodd nd ian 6cparod.
ofdcoad od Aodacd omoidl ltaa"prbticbcrufif daru Dtbo
lnuraomd mlbr dty/oouutf/r robcito a dhrpbloty
ptlio of ut.od*de m rrrribbloutddlot+iug intlividdr
odhr o4putraty for rlccad rad rppohilcd ofEoidt to r!4
tho fc polftlat c otlr ralf- qgrudairy prrpooo, Putr8c
Uulirrr\
tn
of,do"a
rtilld
iolc*,
ptbltod.lrrp, rd jttl otcth iafludtrl r soll+oraod
wo uodrrtrart +ta lh. SEc hE drd rtd ofiArf ury d*dr
!flIo brm6- olauro, u loog rr tby rport tha pururd h dnrr odns
Wc rlri lo totcnm., by 6i. poltqy dfsued, ttrl *o boliovo d!d!d rrd
ofioidr rbonftl hrvo ao aad lo rqut beac6ta rociv€d utdr b.ddf'bocauo
ttsr 6ould lot bESo rtoipidr oftba.tcrfilr iutL ft{
6ia i8thcholBoirl rolc* rr fwtoruty&scibd
tryrra Esdby
Dubtic Dos&t rb€uldbwfttha pblic; toy rhodd aot urod by
hgrriidc turdvil rrttt nrppcflr A fu uodhicl in ou viaw,of,Edrh b
tallEr. oldft.lb FtUo{i.hrgo lgr EErEltsrrv$tlG perrurl
rd:r +r.. lta lsbllorr ldcrol"
Wl hopo tha lood govcrEaff ui[ tetc t&rro rdordy
cpodidourty iuglod dragor h rcocdrooo witb lhir rrput fuqtt
'Dty ytue6"
irlrc of ilirhihilio d'lrbllc bcrofih" Lu rrlroo In fro prt rad b holudug
bqrritls io thb U.osy. hrr lod to lhb dtcD# to otri$ rod .tldod iavrlva(
ll
808
Totd oq4 wobrrotyraolrrulo adopt u r rot of 'to*
intL npcrt.
Mqrorr, uo vdl coad$n to csrioelhtic&o3 poticlcl
SovE@lEb to aal! tal 6oy am in odoFrrao rifb clhicrrubL rr{t
polldor naod aa bo ldmdol, wo bdlavo ttd dlhronoo lotto
t!.Ehwqrld iE rE sob oo&ronm. hnlDcr, rvo will ionrooc bdoa
u4 nbao it ryporr ftd ipttblic tor&s" aro txiry qloltcd fr t@ftof
rpobtd otEddr fr pocrdblo viotdoao of&c Mir.Ei-Ddo Codlc
Codo of Ethio ctliuoca b slo, *o roe@Ed u fo0o*el
}dutoiprtitior and looal goraomect. may bavc b6rtr
ofrtotr bd*ra oqrala cu&ior aadtho otiol lto
blordtr' horw6, rhould boa&tho
I1** c olhc 'publlc bco!6tJ' .b6rld be hr
ffirl -,ii.er rllh m tdrfkooc to,ln lool
brooffl rod hht d
ntttsn
Iacd o'ftoidr uay Nt loo#d*lrr qdtl r iIOC'fu
aryponm rcgirluodfo ldbf lt! F{neld tby*rw,ll
probihit d furru&tto Scdao f l2SI4E(o 8tslu6ol
roocdb&A rtpudas ildivtdurf ...ir politilad tom
diruly c indinootly, a gifl...Gm I lobfiil who fb!
bdivi&al'r...agcaoy...ifb r to Inom c
rho giitt a uluc in crcolr of tlfll.,.'
5.Ifu o,fBoirl ir eppoering d lo svrut h hir c hr c4&frf,rF$lio
FrpocGr th! ofioid !.od lltttpdt Gthr lvdl ir cn
f,ornwrr, ocra perivc, rpootrtc rnmdmoo d rillDd .rbtl.d.d.l
tf lood o,ffldalr uc bo rmtgtm dfiokxr c
t ffit, Bord t100.00, 6o ofEdrt urrt
dodrso la mc'r o'Eioirl oprchy fc rpobll'o
rnaolyto 'bc ran by yor oociturlly ir od,
I ImtirrirEriihrt'&oldo.(.)Q)rrsypars tboir daob.illo d..
atiq, d ry Dda ibo b +p&lcd t 6li r rnooybro EaqirEd E
llall{6(Ullodth seh.
fllGr.
l!.lvd
tinr. r
.oy drb
E*tfurIlrLoddip
L2
809
li€5-E€dEg5.5d.,EHEoE-l'11'd.9o5t€s6.d?Eo€o.srl3Elr.l{t.Ed&-gg3EE(lsttE3ot!l!E.agEEIoiIor,EY(,rI.E$c)aitEAtr.EEo:EBEdET.lIot3Eo€€-1t,t.thaEraEa.EdaEo6autI=aoEErairl6.aes>r7si.tc.gi5B?ItFttIfl{{EE.e.lofe€IotE.aEI-6ba€aco6oatctia€E4tdxat'tEEo()IBB5.El.lEIatloBoEI?'uEo€rHEalBot!0.tFE&810
Rarnor, Mklam E. (COE) [M8RAiroE@mlamldsdE.0ovl
Tuosdry, MErch 27 . 2012 2:46 PM
Abbot! banld; Agulla, Raul; Alfomln, LouIdEs: Amuohrsbgul Fuundoi Artn3tDng, Bsd;
BBrnes, Monlce; Btder, Alison; Blerman, Mltcfr; Blldn Sumbcrg (Chrl6llno B.r$or): Elttnor.
Wanen: Bolttner, AlelGE[.,r Bonlsks, Nhal BotJ6lg, Ewi Brlelbs, E nomotrnii Brltlon,
Tffelli: Brochln, Robertl Bru, Jullo: Cabe[ro,Syl$r; Call,alo, Karan; Gtthro, Mrrir J. ;Clhln,
Charlie; Cypen, SlsphEfi; Dennhalsror. Lynn: Dlckenr. Sonlo lhlghton; Dumar, Csrmeni
Entn, Monlca; Esplno, Daniel; Ey€ro& Clnhl.i Forta, lllanol F,lodman, Chadi Galdoll
Rolandi Garcig-Tolgdo, Viokf Ocllcr, Jotophi GrGco, Joln; Greon, Chrlr; grosnbtrg, Muroyl
GrodnloK, wlt[6m; H!am. &hn: Fbld, G!ryi HBt rnan, StE B i Herln, Jotm; HErnuidar"
El{raboethi Herlta, Jse P6pe: HEloah Atomeysi Hll, MBlon; hlzanl, Ramon; Jrcobowtte
Jan; JBr6milkrvalez! Esa; Jlmmez, Jose; Konnedy, HErian€; Kuper, Rlohrd; L.en, C78h;
Lohr, Bruo6i LDnard, l'lonErdi UoF-stlt, Rob,ert MaBr, Mrbm; MErk , Llqd; Martlnaz-
Estevc, Joro6 (GAO); MrhEfiey, lbthy; uardez, VldorlBi ltJt€ylrs, Rotoert Mln, BamEbf
IrrDe. JoEnhs: Mongdime, REslns: Moralee , Jtnmg Neqon, MelbsEt: Nortb-wErIs.. Mos, JoEnns: Monidime, REglns; Moralea, Jfnmy; Neoron, Melbcai Nortb-wort(s,
Burnadetlai Olh, JeEni O.lllnot, H6nBl Felenz!3la, Asrenderi Pcpy. Doni P3fB, Thomrr;
PH. Mlohaal: Rewe. Nlnoehkq Rlasbaro. BEftata: RosgtxBld, Robl Rdtsteln, Stsvrn:
Burnadetlal Olh, JeEni O.lhot, H6nBl Pelgnz!3Ia, Auend3ri P
Phd. Mlohael: Reyee, NlnoehkBi Rlasbarg, BEftata; Rosstxeld,Phd, Mlohael; Reyes, NlnoehkE: Rl8Ebarg, BEftata; Rosstxeld, Robl Rdtsteln, Stsvrn;
EenEloo, Amyi srrafan, Richttdi s'oldBn, Jani ShEnnap, Craig B1 Slbila, Eakcla;Slagcl,
Dsroci; Smlth, Joee; Suarez-Rlvu, Rr{6el; 6wltho9, Rob€.t ; TruvrrlhBn, BuBan L; Tum6,
D€bora; v6ntura, RalpH Vlllalobol, .lorei VtssBlno, Dlanei Wolss, Rltherd Jayi WondBll,
Subloct:
D€bora; v6ntura, RalpH Vlllalobol, .lorei VtssBlno, Dll
Lrur K.l Wolfe, Mc[ Wdph, Davld; Xquo, Verqlcs
Ethlq6 comml8Elon ms€tlng Eummary
For lmmedlrte Releatel M8rch L7, 20U
Contsct: Joseph Centdrino, Era(.llilve DltEctDr
(3051 350{513 or crntoritomlrmldade,rq,
Ethlcs cortlmlBrion tupplementr guldsllnlB on ftse arafittlNkds
As r follou/ up to EuiddinEi lt ksued earlier thls month for the oflictaluse of compllmentary tk*ets by public otflclal3,
the Mirmloldc Commlssion on Ethl$ and PubllcTrurt (CrE) todry ldoptld internal Euidelines thst clarify ryhen .
politiclan appears Et r functlon ln rn nolhcirl cl,?ecllll." The list of lecommendrd public purposes Ior lttendlnB ticlcted
cvents tncludes hortlng dignltrries, visltors and E!Galn resldents or E[oups lnd performlnB Ections rElated tD the
offlcial's posftlon, such as lmroductlons, presentatlons, ribbon crlftln8s and tpesch makinE'
The addcndum tothe guldellnest rtco sug8etts how PUbllt offlclalr should dtstribute tlcket! th!t are received ifirDuE'h a
Co;tr.ctoal aBraemeniwls, e prlvate entfy in order io avoid porribt€ mlrus€ 6f pobllc resou]cEs and bolrter conflJ:nct
In the lntcgrhv of Eovelnm€nt. Blstrlbutlon Ey be first-come, first-rerve or by a loucry' Thc tlckets could be rold'
wtttr ttre proceeds deri8nated to r publlc purpose. Th6y could be allocitEd lo non-Profft rgsnclGs, tchoois, c+llldren's
,-groups.or.cotirmunlty.Egenlzetlois-The4lckets.elso ro$ldie.ssedls.rrvardr.hr-cltlzensprcglgloM!€5-mil{qS
iubstsntiai contrlbutloni to rhe communlty or IocrlBovcrnhent 1,a ggg wltlcontlnuc to provlale opinhnsto lnquuirE
officlals resrrdlng whether other uses are ethlcally acceptable'
811
[n s relrted m.tter, Erhlca Eommi!3loneB round I{o P.oblble Csu3e to I coEPlalnt (E 1Z.Ir7') that of{tcltls ln th! CltY ot
Mlaml vlolated County and Clty Ethlcs Ordinrnces by falllg to r+ort tl*cB tilty hrd rEEEivld to cvents !t the Knilht
gcntsr, Bryfroht parl{ end the Mayoi's 8all, but rlro Bpprov€d the dnftln8 ofr 3eneral trtter of lnstructlon lor futurE
rcfBrence, That letser wtllcltr the clarttlcltlon of 'publlc purpors" rnd empharhe ttrt offldalr rre not entitlad to th6
u:e of publlc benellt dckets rs a mrl(er of right. Public offlclrls wilt be rumlndcd th:yhlve an obllgatlon to repon glftr
lwhlch lndude tickrts to eventsl 8nd thlt whrn rn officill raEeives two tickeE for usc v'rtth r $ousr ot partnar, they
must be dliclo.rrd .3 the toElvrlue of the 31ft.
tn oti8r action at todafr mfe hg, problble causa wss found thlt e bu5 lnElntEnance tcEhnlclan for the lvllaml.Drde
Trenslt DEplrtment vhletEd the 'prohlbltton on oulsidE enptoymcnf provilion ofthE Confilct of lnteren rnd Code of
Ethlcs Ordinrnce. An lnvestiB.tlon by the lnrpector 6enenl's Oflice hrd {ound that Niranlan Se€persaud alro urorted
tor Anerlsen Corch Llner from MarEh 2m7 throughJune of 20:O, but felhd to obBin a uthorhation lor outside
employment and dld not file financial dischsJrE forms each year ar requlred by ttrt Code. After thc ace was lurned
over to the Elhacs Cornmlslon, Sarpersrud uls told that lf he comptlcd wlth the illng requlremr ry th6 cnd o{ 2011,
no rctlon would be ttken, He his f8lled to do so, .nd the iomplalnt {C 12S) wlll pocced.
Two complaints (C l;!-Og lnd C12-13) accuslng Homertead Mayor SEven Bateman o{ mlsspendlng crmpalSn funds rt a
llquor Etore wgre fou nd 'not legrlly 3uffcbnt.' The drarges are bared on state hw, whlch lE outslde the Ethlcs
Conrrnlsslon's jurlsd ictlon.
The rrme cltzen rcEused Homc$erd Councllman Stcphen ShellEy of "exploltatlon ofofiidrl porltlon' by utlng ! photo
of hlmsetf 6n the clty wrbrhe for hls business webclte. fhe cftydld pay for thc orlglnrl photognph. Howcwr, work ol
gorcmment lre .rcfudld from oopyd3ht pmtectlon, rrc coarldcrud h thc Publlc dfil.ln rnd cen bc used by arryone.
For thet t rlon, thc comPtllnt (C 12'16) t,!l.! dccirad 'not lrtllly sufhcllnt''
Sevan complrlnts uere lllrd agtlnrt Homistlrd CourEll$ronrn Judy Wlldmrn rehthg to her re'?lectlon crmpeltn lEst
hll. Four of thern lC L2.L7,El-z.t&t C 12-19 rnd C 1l-Z3l were deemsd 'not lEgalvssflicilnf beEa usc thry don't
vlolete rny laws, Two complilnB lC 12.20 rnd C 1Z-Z!) rxere lound 'not legally suff,cjent" bet8usc they rllc8E
uobuonr ofrtst alection lrwg whl*r ls orrtslde of tha iurlsdic{on of ih? cOE. Thr frral one (C 12-zl) does notlllege
an lctlon thrt ulolates th. Ethics code.
l,lo probable Guse was found to a Eomplrlnt (C 1il{5} accusing r Mlemi Lakes Councll member ol explolutlon ol ofllchl
porttion. A rcsldent of the cttyslleBed tiBt Rlchard Pultdo demrnded that, 13 a part of a munldpal beautllicltlon
prolect, tEes be phntrd ln front of his home firsq rnd t?rat he pr€ssured lhB Town', perk staffto Pmulda ftee use of
public lond to a flag footballlcagua, Tha lnvestigation ,ound no robsfanc? tothe charEes, rnd the complalnt wrs
dlsmlssEd'
I complaint (c 1i{3} filed r8alnrt a lobbylst,]ohn Morse, who registcrcd on bahalf of Ascent llerlthcare solwlons in
SEptemoEr of ZO1O butfrlled to fiie the required Lobbylst ErpEndltur€ SEt€ment by the ,uk:, 2011, derdline, was
dlsmksed rfter he completed the torm. {nvestltitor leerned hc hrd moved out oftownand narer recelved the
notiEcs. but oncc they crllctt hlm and exdllncd hls obllEatioff, he rtsponded.
ln ltght of Erres llk! thB! which consume lnve5tiBatue resources, the Ethks fimmlssion dlrcusssd changlng the ruh
requlrlng lobbylststo flle rnnurl expendltuE reports lrtheylpcnt no funds durlng tie reporting period. A pmposed
rmrndm€nt to the Code of Ethlcs wlll be fprwarded to the County Commlsslon lor lts Eonslderation'
A naHllty Elalrnr adjueter wlth MIernl-Oade Coumt's Rlsk Management division mayprovlde consultlng and tnrpe rtlon
servlccr for prlvate cltcnc. lnrludi4 some Eo,ernrfien6l entltles, lf he has pErflfsslon from hlt supeMsors, The COE
. p.-sj-or1F3-tp-SgsqsELf-oIllp[uohj!3{zstate{tf!!@q llgresqr.{eqlotle -
Countv or controi or malnt.in p.operty associatEd whh the CountY. The RqO also recommeods thet, fgrerted
permlsrlon, Mccoy pmvlde the ncmes of his prlvrte cllents to hls supelvbor'
812
GE&tiEIt(,sSq,tDcEIEB5gar,6EEeIt itr€otESa-QESo!stEX55!t:!'HEEEBEi3EEETEEf,:E5 Er-a cE54ets*EiBOc-q-6EE!e.=.,*-r'(l-.Ecl ttE E,ErtrEb bg{t-tsEESEE$i.x*fE: aiEtqlsB-->.EiE =EEE E!EE d €gEE: q 8;;ds _g 9-eEH$ fl EExiBX H t"!sg:: 4l oltEF* EI EEE5E E E?EgE i EssEEE E €!*aE*i E EE:II,IcE ; EEEEE813
g /rllA,/,,iiBEACH
oFlC€ OF rHE CnY ArfOit{EY
JO3E SMII}I, CIIY ATTOTHEY
TO:
FROM:
DATB:
RE:
Mi@i-Dsd! County Coumi:gioo ot Efict aadPubUcTnuL;
rod Jorqh Ccolorim Eaq., Btecudva Direcbr, Ethics
Ioec Sui6, Esq.. City Attomoy, City of Miaoi
Fokury28,2012
E(HIBIT I
MEMORANDUM
Conffg&ts.
As Citv Ad@oy for the city of Mirui Boacir, tho fonsv/.ise llgrcsEotl Ey lEgd rodyair of hc
ebovt-isfrGoEce drr:R GuidttiDs 8Dd Rc.coorocodarioEr' proPorcd by loo Catsiuo. ExccutiYc
DirEtor of se Mmi-Dadc coutty c,,mrniraiso m Ethioa urd lublic TrtFt. I! crsEoEE,
Brocutivo Dirootor Ocotorino has cmciu&d tisl:
r Tiokota to w.ots llccivod by CtU oEoirls ptl3u8[t lo 'Public Barcfitc'clewcs in City
conkllts rtould notba disbibuhd by iodividurl city ofEcialr; autl
. City o6cids' rcoeptmco of tiokets/atkodsuce at such tic.kctd Eveolr ir rptopriatc only
c,*tr a public porclosc is widaced by aptivq oEEcial aotim' rsth€r than by 'barsivo
rpcdetor attadrom".
1lrhils it ii unOirputsd thst CW rosorrccE Guclr ae ove,lf tic.kets) oay bc. ttsod osly vlherc e
"torttlo punporod oxirts, a ormicipslity's policy dettroiuiioD o@TFTt 6o l-*-'rr of
aocoooliablne su!,b DuIloio ehould be 10fi to tho dim,rAiou of &c Ci$"e gov!@fug body.
l,G;il;giri"lt, siocifi.'atty ruttorizirU the Counry Ethios Como,ircioa to arrluatc raid
*u*. ,"iu d*crniiation ir aot rubjoct to rsview by thc Bthics ctruuirtisa. el6ough [&.
Entirho,r Propo*ed Chridolircs rddross lcgitirnate pr:blio concems, tlo Couoty Comoirsiol
tas-*t ,*roa dc @B with ovanigbt alUority govcruiag a City Cotnmiosicm's dantminatioa
ofiluttir purpor.. Ftr thrt ru.roa, th, Propoecd Guidelinos uo not rpproprirto for adoptioo
by tbc COE,
I thir 1uodat"d1 ikaft proponl ir trrtitlcd: 'Grriilctiras and rcoourmcadgtions rcgariliag 'public troocfif
oli'rscs in oertain Eov€rnolol oont ot3".
814
I rNrROpucTIOlf,
TIIE CITY OF MI^MI BEAOI I{AS BEEN A PROI/EN I,BIOER IN @\,ERNMENT
fl'llrcS,
Subgequrot !o lhc conclurion of thc 20il State Atsrncry't iavortigrtion of thc Ct'ty of Mrmi
Boasb's aosotirtiorE with Now World Slmphoay (ftading no oiuinrl coaduct), 0p Propoecd
Gdiilctinoe wmo writtqr to addrcs "Ilawcd policioe ttrgt have rcarhr.d io locn ttattd trd
inrppro,prirtr bcncfits &l alostcd md qpointcd ofEciale'". Allhough 6c City ttcognizca that
trc Propoal i3 intco&d ro guidmca for all govanrmontal cntities mbjcct b thc jurirdiction of
bc Cor.rily Elbia Comoisctoq lh. rtdod gcocsir for uid r4ort urdrily dcpict &e City of
Mjaai Ecrch rr a taorgrccrcr of cthior hwe, fiiling to racogpizc tbt god cout$utioo tbc Gty
Lu msdo towsds cthior lrrd gooil govcroltrtoL
For wcll ovor thc put dlcadr, 6! City llr ooaotod rtigt cthios lawa rupplocatal !o Fcdcra{
Strte rgd Couuty lcgfuhtioo to #rergthEn ethicr rulco rod avoiil thc rtirting of laid lawg,
otheorriso esbiwslc due to l,oophokn or the rtnplc 6ilwc of otb* lcgirlrtivc bodiso !o to
lagielate. Includcd amoog thcrc novol City-o.aotcd dhios hr',t hst c DscE iDrrcasod lobbyut
rcsEictioo!, crmpalga f:rancc rofurn, Post-sorviac rteticime fu olccld oficietr anil
govcrmatal anployoce, prohibitione ou ilircct ul iaitlr*t lobbyiog rotividls by rypointod md
clootcd govroqent oEoirls, lncrtrscd ptohibitcd ooDEaotul rctrtiousbipo of govrancot
qoplolocs rnd o6ctels, incroarod probititioas on diroa rud indinct DmhAild budn*e
rotitiorrnipq, ud colrging aoope of voting mnflict pmroriptious. Additionally, od uost
Gvidror of tbo City'r cmaitnrcot to oEioe logialatifir ir thc Ctry Cbrtor provirioa (relf-initinted
by tho CrU Cosrmicsioo) rEquiriug votcr approvd bsFore thc cmactuicnt of my kw woakcaing
City cilhior lawr.
All of the aforalrted mc8nlrd clennorutrata an aboolutr and unwavcriag.conmibcrttt by thc
City to Gosct cfoctivs othhs lawa. Ary ruggcsdon that ttrc City bar exploitad its policioc
ignorcr tho Cit/s dcmonstated roeolvc toqrardl oDocinB ud :rrforcilg mcadngfirl cthlcs
legielation.
IL FACTU,{L BACil(GROUND.
TIIB CITY OF MLLMI BBACII'S TICIGT POLICY Ei\S BBEN IN EFFBCf, SINCB ITS
A}PROVAI BY THE STATE BTHICE COMMISS1ON IN 1993, WITHOIIT CON4MENT OB
CRIflCISM TROM @UNTY ETHICS C-OMMISSION.
Thc Ciry of MiiEri B€ach 6ckct policy as emboitieit h City R.cootutim No. 93-20694 (.i8nEd by
theo Mayor Sc!,rnou Gdbcr) had 3s it frundstiou rn oPiuim foa &c Floride Coomisdqu ctD
Btlioe condoniag public of8ciatr' eDco,Ptalpc of couplimeolcy tioke$, conditioacd only rrycn
disclosurt of ric&ets rocoivod, In Ststo COE 92-33, tbe tietee c,Erc hcld to coaEitutl
prraiaeiblo Bifu to tho City coramirsioumr, which hrd b tc dieolorad qurt*ly if thcir valuc
r S6!, Propo8cd Policy at prgc I . garsgrsph ,.
815
ficaedld $100, ThD baris for tho City's rcquctt fcE tho opirioo wo a eoDcro for cric
oompliatrcc witb agplicablo othioe rogulatioas and 8 need lo eoswe tegality of the City's
contnctual prooees, whotoby (in tbat instarce) it nagotiatcd *ith r trootcr maorgcrnrDl compBny
to opcrEtc tho Cityt thqatorr and thc City would raccivq ar partirl considcrrfioo, tickc{r pcr
pcrformrnoc for cvcry ov.ot stEgcd tt thc lbeator.
As rolloctcd in Stato COB 92-33, lhc City of Miami Bcach madc irll disoloam to $c 8t8tc
Ethice Comrniraion of all rtlavaDt fects ennceming lhc mmnu in whic! tre Ciry nogotiatc<l for
and rocoivc(t thc tiokets, uril tho City'r procoss for diefibutioo rod utrgc of ttrc ticlcls. Aware
of all rclwant frcls ttrc StBtE COE determined ttrc ticka policy to bc conristot wlth cthic lass
ro long ar the appr@riato dicoloourc forms wcrc 6led ollec,ting thc Dsnes of tickd rccipic,tts
.rra tli vArr oi iotiut receivod'. Binoc tbo Opinion's irsumcc in t992, tht Ciry of Miaoi
Beach bas rolicd in good faith rpon its bo)diug, rnd bas rdhcrsd ro fir dictatE of timcly grfi
dlscloauro.
Drspite th? traDrpumry of the L'ity'r ticlBt Poficf , ft has novlr boen qucgtioaod by be tvliaori'
Dade County Btbio Con riasion or anyooe elsc. '
lll. IJGAIAI.IALYSI|.
Mnoicipglitias il tbs Stltc of Florida enjoy hourc rula powe, gantiag the,u "...tpvcrnmatal,
oorportb cnd propricary pos,Err to anablc than !o oorducl munictprl gpvenocot' pcrfora
urunicipal tbndioas ond rcndcr mrurioipal s!ryioEs. 6rd rrly aarcieo rny power fot municipal
prrpoocs o(copt aE othril,iec providcd by larr," Fh Concl. Art VIII, tco. 2 (b).
Home rulc municiprlitier are rubjcct to tho sdditionst Corstitutiooal reguinncot thet
oxpooditurae of City fwrda bc fur a 'lublio ptrposC'. Fla CoDEt., &t YII' sec, l0'
.rtcooraingty, altrough a City mEy cruot a policy with rcgud b itf ucc of public teEowccq ruolr
policy must eerve a "public purpose". As wili be ceeo halow, tbe 'lublic ptupose '
detensioatioo by a City oarrios the prcsunpticrn of oonstitutional validiry, rnd iE lubjoot oEly to
judioirl rcviaw.
I Nots: Ar tho May 26, 201t C-ounty Ethics Commissian heariug on Co4hiff il-04, CoB
Corudrsionc,r Soymour Gelba (aftr reoognizi':rg tlr City of Miarni Betch'e well+strblislud tiokrt
polisy) datod hiE bolbf lhit tE somPlirnsnt8ty dok6 rcocivcd by City pclwu&l wrc not "git" rld-ttcrciire did not riquiro diuclosurt, Conqdssioncc Gclbcr 6dic, walt on !o 6t8i. thol lbt ticltct iotttc
wer 'tnuch edo about:rothing".
I In nrb*quanr opinion8, &a 8E& COB hrg cqrdoncd idtot'rcal tiolcst ilirqibotio usc policir of tlu City
ofD*ytonr Barch ($tar COE 0S rq tickets lo InLElstional Spccdwry), City of Sr letcrsh,r_g (Sb& COE
0!.1frc; Tropicaru Etrdium), md thc city of orlmdo aod ormgc ccuity (stste coB 95-36 tt: tic&ots to
Amway Sualium).
5 Saa f.n- #8 hcrcin,
816
A. THE CITY COMMISSION'S TICKET POLICY IS PRBSI,JMED VALID.
I, POUCY DBItsRMINATION IS POR (:ITY COMMISSION AIONB TO MAIG.
NOT THE ET}IICS COMMISSION.
Whsr ooDrtitutos r public purpobc is, in tbc fira insboc, a qucstion for ihc lcgishturc
(i.a, City Commision) lo dctcrmine, and its opinior should ba givcn grnat wcigfu. Iaf,aon
iermbcr Co. v. Walton Countv. I I 6 Eg. 771 (l928li Statc v. Houshe Ftntnce Aulhodtv 9f polk
Cormtv, 3?6 So.2d 1158, I 160 (Fls. 1979)' holding thal the ilctEmimtiotr of whet ooostitutcs a
valid pubtii pl)Ipo$o for the o$codinno of p:trblic flm(h is a fact,Jal dcbmiDatioa for the
IOgialative and govamiag body involved. lbe question of lublic purpor" thue involvet tho
ox-croice of logishrivo judgmcnt aad ir a mftcf rhat thc Miuni Berch Ciry Commirsior' ar tha
togislgtivc and govcrdag body of trc City of Mitmi Bcsch. mnlt detcnainc by City Rcrolutiqn
ectring forth the roquisib legitlativo findings aad iutat'
A lcgie)ative dcctaration ofpubliopurpooo is pt6su&ed to be vdid, Eud should ba alocmed conccr
unlcss so clcatly cnoucorrs as to bc bcpnd thc pova of tho lagislatuc. Wald v. Srrasot! Co. untv
I{ealth Faoililits Auhoriil. 360 So.Zd ?63 fFlE.lgTEl: Nohlr v' Brcryed Coustv Eguc3tioBd
Fgcilitics Autloritv- ?l? So.2d 3& Gla.lgZll: Pricc v. CinrofSLfdrebne- 29 S:o.24 753
M-&st6 v. M"iloo c"untv. 3 Eord ?5 Ualcsr ooqrtaely or inplicdly
36.tainA by tta$to, a nrrnicipat corpuuiol bss dlirorction in lhe choioo of mesnr rnd mothodr
for xeroiolrg t[c powo6 givm it for govcnunatal or lublic ptlfposg3, md ihc urud limitrtims
gpon {bc ections of muahipatities within thgir legal powsrr u? good faiflr 1rrd rcaroa$lcocrr,
lor wiEdom or pfif*tion, All doubt^e ss !0 tho Popdoty of apane ruod in tbo lxlrabe of itr
uadoubtad rnu[ioipsl powct' will be nsotvcil in fsvu of thc municipolity, Statc v. Trrnog
Watc$rorkr Co..47 So.358 (Fla, 1908)'
2. THB oOUR.TS. AND NoTJIIE Efi{IeS Cot*{MIstON- HAVE
REVIEW CITY COMMISSION'S POLICY.
Wlen a policy docision is broug}t into qucsiol rcstlng upo! thc polioc lonrcr, ooly thc
oourtE havs the porrar ald duty to iuquiro wbothet il is within consuNriond liaits' It is thus
narticuJrcly a judicial question wheth6r thc lcgislrtivc deErmiurtion of 'lublic purposC'
comporrs with congtitutional and rtrUtory rights. Scc. Asks* v. Schustcr. 331 So.2d 297
(IIa-19?6); fut. Il, $ 3, Ela, Copst.; rrd LiouolStore v. Continemal Distilling Com" 40 8o'2d
371,374 (Flt. 1949).
tlnlike tho Eourt8 wbictr potscss jrriediction to rwlcw public policy dcbrmjnarioos' agcacicr
such as thc Miami-Drao Couty Bthics C,onpission rory mgaBE in susb ,svi'rl' ody if tlc
authority to do so is grotad in lhe conesponding onrbling lcgiolation. As m rdrninistetive
boily, thc powara of tUL Ethios Commission ,rt limitod to 6t6tmory auttoriaatioa_ u set fo-rtb irl
tlo
-County
Codc, and ths COB may only act within tho8B grstlt! of powcr Epccificaly afforded
itr ..Adminiruativo autboritios 0rg crcEftrcg of gtatru rnd havc on! auch powcrs aB tb8 statuto
cdnfd! o:1lhem." !la. AGO 75-120 cithg 42 An. Jur', Public Adminiotrative law, rcc' 68, ud
Srats 6x rcl, Grccnbrq v..Floridi Slstc Board of pc,otiEw- 297 So.2a1628, at 638 (l D.C.,.u Flr,
tg5Stjf,th1fi. Etzrc nttoraey CcnersJ and Florida Commission on Ethics havc rccoSlizcd thEn
lack ;fjuri8diotiou b rpviow a City's legielrrive 6adingl gpvc'raing "public ptuposC';
4
817
,,.s,e vi?w 6is question [arpcoditg City firo& tderlrds Sille City progran] u baing
prinarily a quc*riou of vfiothcr thac is a tcgitimato publiopurpora... rathrr rh*r rr being
an cthisal quortim. AE lherc ls tto issve ndet llE Code ol Dhtcs Pr64Ed ln this
tllwlion, tw hsve no outhortty lo ibtifu ln on dvitory opinioa whcther lhe usc of C y
t,rr,orarc*s in thb mancr b groPer,
(Eaphxis addcd) Srdc COB 85-13; mtl roc, Fla AGO 83'5 bolrting trat a 'lublic pttrpoac"
dctcmrinatiol oorot bc delo6a&d to tlc Atomoy Genccal'e Officc,
the Ethios (bmmirsion 6a powcr.to arood-Eusss a City's pub[o polioy detrmioatioo. See
BuriarurRoqutdioQ$ 371 So.zd I52(Fl& UTDCA 1979)'
Accardiagly, the iasuc of (pnblic purpoad' io not within the purviafl of t}rc Miani-Drdc Coudy
Er}ios Corolds8ioD. l.troithor ttro Mirrai-Dode (Cor:rty Coda roctiou 2-11.1) or iho rolatod Codo
pmvisions .llsbllng the Etice Cmmi*ion (Consry Code Chrptor 2, frniola L)OGIItr) givo lho
bOg Urr iogsl Eubc'riry b isnrc guidelines ottrblishiag *h.rt ic god wtrt k Dot rcosptdle
jggtifrortiou for r City's Publio polioy rogordi4 ib ure of govanmcat racoutccs, A thorougb
?*i* "f
t"C"-tyifi. AU'r" *.i'.O-*v eithority, oithcr cx,pmu cimplied6, grailing unto
Tho ody acotiong of 6c corruty Etrtcr codo rolcl|art to tb city'r uBo sf it3 rcaoltEos (rudh ar
dotlt! to ovGtrts itbar rcosived vla EB&loogth nogotiuioar) arol
. County Coda rcctioa 2'l I .l (o) lovQrqiry "Solicitation of Gi.fir"; gld
r CourU Co6e tcctiou 2-l l.l (g) govcoing'tsxploitatioo of06cirl Positioo".
Noitbrr of the rbovc tthlcs tcgul*ioor trowwcn cstiblisb a critaria fq 'Dublic !urpocg?',
Morcovcr, botb of thssc Code reo{ions racogoira thnt ro long ar tbc aotiors tr}cn wcrc prururrl!
to City polioy (i.a, City of Miami Bcach Rcrolutios No. 93.2I)59{), thoro Coile sectionr erp
oompliad wi1i. (S6s, Couuty Codc a*tion 2-11.1 (o)(2), urd (g): "...No pitrc,B irrluded in the
t![r[r arzua in gubsmtion OXI) through (O and (b)(13) sball uso cr attc,'mPt to uso his ot hcr
ofEoial poaitiou to rccuro rpocial privilogcs or eotcmpdone for hi:nrclf or hemolf or othcra except
as mt!-be spaifically pen$ttzil bt othq ordinances o.il scsolutlotls yeviottsly ordaiaeil or
anoptd or ierejfiet b ba otfutned or zdoptd by tllr Boad of Cott tty bmnisalonqs",
(Emphr^sis eddert) Id..ruthoueb thc coB rnay dosift b revie{t, ilEue6 of r City't public policy
iAuiuinutioo', absEr CuuDry Code orthorizatioq tho COB hEkE Eut.lh rwiewing powcr. See,
6 Alttougt County Coda EEction 2-f066 prouidrr thet ihe COE "...tBy cxaciee dl tlrorc porratt dthrt
op*inoity gruta lorrin or nooceeary io thc crccie. of &orc powcrs lrcrein crrr:rncratad", ruoh iuplicd
authcity uriy nof yrane( tha .ncrsicp of a subot&tive Po!*,s Eot confErd. MglS&lnX-Ca.J.Ig€t,
167 So. 33 (it". tCao); n& Aoo ?3-3?4, Aoy ir4Dod Power,!3llst be DrccalE y rmpliod !m a dutr
rlbidh ir ryo-eifioally oi qrp.*ciy iElpo8cd ty BtahrE Fla. A60 75-16t; FSU v. Isrkin., 323 So.2d syt
(Flr, IDCI I9?5).- Any por or-to bc irupliod muBt alio bo esse|'rla, i! oldal ro crrry olrt drc axp:teely
grlotcd?ow.r d &ny i4oecd. e.8., Fls. AGO ?3-3?4 erd 67 CJ.S, Qfioeze e, 1O2,
t ttrowglrEf taudcblo ot ooonacnibblc fro rctious of t]c @E ar strlad i! Et. Brrir Psp.E Comorrv v.
shta 23? So.2rt ?9?, ?99 (Fb- lrt DC l9?0). "(i)i is ncll rcElcd tb8t s elatut6'y agatcy dooe not
818
Contafi DovolopmEnt Co. v. D8daco'urty. 374 So.?n lI43 (Flr. 3DCA 1979), ia which the
ftftd Disbict Courl of Apprsl foutrd thst M!!d-Did6 CouDty'u DERM tlid not havc thc lcgal
urtbority !o ieorp a parriculer ordcr !s tho Dircaor lackcd ary lcgidativo altlrcity uEdGr tbE
Dade Code to re4ui$ 6Dy edviroDtrrstrtol impsot staED€rt Aom rppellut:
,..in our opinion cootrry to qpalloo'couta ioas, rono ofappollaat'o lgtivitior u
nflwtod by tbfu rroord etow a violmion of tbc Dadc Codc proviaiouo rdiod upcn in tto
cecsc snil aloaist ordor, Appelloee argua ilat qgricultrral ruq h trd of irsdf, cmditutos
a dischrrge of organic or ioorguic osflsr as ohtidaal compoudr into tba.wqtqs of
Dade County witlin lhe ilefnitioa of 'lrulcqnpe" iD tbc Dadt Cotlc. 5eg g ?4-304)0),
Dad6 Codc. Howavor, . ..tha imponant qu!3ticm bc6to u3 ir not whobcr tbolc rctivfico
rcaplainod of rbodd ot oould bc forLid&n' but rarhr orly rrhdhrr thcy havo boo.
!d- et 1149.ftut u ir ftnrtcxL ruore. thc lssue boforc lho COB is whrthcr thc City policy violrtes
thc Couaty Bthics Codor lot urtdbcl tlrc City'r polioy shorld bc mbjoct b rcvicw bytbc B&ics
Code. Rcgardlors of ih good intentionq thl @E utay rct llvokc jurisdiction orer a mettar
wberr the Connty Clmmissior hee Bot grmtad it arcb porrrr.
3. CONSTTTUENTS HAVET LIIMATE SAY CONCERNINGPROPRIETY OE'
CITY:S TICETPOIICY.
Aftcr dl logal argumeau havo rastod, tho ultimrtc dxidor of Yrtg&r tba Ory'r dplct
policy ir vrJid uil rorve tho public istmet is, of courao, lhe clcctoralc" If indscd CitY Eridrrt*
ob5".t to thc pnorot tio.kst Dolicy, tbcy rrc foc o voice thcil objcaiorr ro 6c govorning body,
aad it tlc policy ir aot tmcndud to ro0rot the publio'r concaror, tlo rocoune will undoubtcdly
bs at tho bsltot box:
C;ourts will not dcterminc whc{hlr or not thc sstim of public o{Ecrs is vbe, ocoo.omicsl
G ldvatrtageous, sud quoetiou belsoging ?sclusively to lle public o6ccrs urd bosds.
If they qxeroice their powere fmlisbly or ulwisoly, the rea vrc of rhclr ccm&lrlteils Is lo
go to the fullot box oil not to lle courts.
(Ernpbasis adrte4) Browtd Counw Rubbish Contactom .AxF v. Broyrrtl Coutqv- 112 So.2d
898, 903 (Fle- 2DCA 1959). Acoord,53 So.2d 828, 83t (Fis-
f951) oiting tvlpQuilliu ur Muaioipol Cor4ontiorc 0F Ba.), rr lo.t0gf .
I
poEscrr rrry in'hFrir{ !'s*ar!i ruch egaoy L lituitd to ttB PosE grutcd, ci$ct a4rasdy or by
ncoc*rry irrglioetim, by t Q Btdtut6r (h!'rc the Dade Code) croating tbota" Soe c- g.., AqE!w,v' groq-B-K€y
Wxffifldr,6. IZZ So.la 9t3 (Fb. t9?8); Irwis v. Burk of ?aao?-Coqtrf, 346 SoId 53 (gle,197ol
ssrtscrtr couaty v. gtrq 302 So,zd 73? (Fl&1974)i End $srEroia Cjlrtw v.l*srIh0E:EE-C@', 322
So.2d 5ss (!la. ld DcA 1975).
819
It ir sipifica* to 6otc. honever, that ttre City'r rcaidenb hrve mt oblodod to ttu City'6 tickct
poticy. In a City of vooal, pro-active. gsv.,rment-involved &sid6ot8 vrifu
. ovctr 4t citizcn-vohrntcer committcea (tlp najorig of urch marmitlcs mccting at
lcast I I or tnorc dtuo por yoor),
r 4-6 public mcctiagr pa rcct
r 1 rcgulrly.rchcdulad Cip Coumisrion plblic ueeriry pa ruoDtrB (includilg al laatt
1 mmhly Coonircion cornoiua mcctiag),
. Blproxfudatdy 46 public roccrdr rrgncsls landlcd ol a roonthlybasis i! 2011, ard
t !292 phonc roquerts in 201! dtc.tud to ihe Cit/s mrio ptllic infomation tclcpbcrc
lile
llaz hevc aot boru roy completrts rogttdirg tbe C[ty'r uec of lh ucgotletcd ddtrh. If tbp
cttizcos bad objcotod to fis tickct policy, nuely the. CiW Comiuion wDuld hsvc tddffiBotl
tbosc conccns pric lo te COB'a hgtast rcvicw of ths !rdr. In ligbt of ttc abrcoco of COE
jruisdictiro owr mch policy llctcroioatim it.!s particulerly iElPProPriste fu 6e COB to iuerrt
iuolf iato vbat ie urcoSally a looal irnrc, oopecially qivea the abgncc of oitizm outory.
B. TEECITY'S TICKIT}OHCY IS SUPPORTED BYTTS COURSEO,F CONDUCT,
lVhilo it ir clsu thst ttc @E lac.la jruitdiotiol to ltrrrt tbt olty tctivc pudcipatioa by Ctty
pcsomol cqDstitutas '!ub[rc purpora" for purporer of sasessbg ht CiW of Misd Boactr's-tic&* poUcy', thc fotlowiug raalyiir bcarr npon tlc City'r polioy for tickd usrga
AXhouEh thc bity 8badooco cc'rtaiE ttlmE of ih Rsrolution g3-20694,10.1bo polic/t dbjoctive
of aeuring bighJovol City pcrroucl 1r€BsDc€ Et cuch wcutd has beoo 0re custom of tho City
cirpc 1993, rsd b.a boca uuEsailcd- Tbo frct th* this golioy tas bcar in cffec.t for almost two
dcoadoslr; 8nd hE not bcro tro arbject ofprior oitizear outcry, is relovant rupport of ttc City'r
legidativo poticy dotcrainatios:
In deciding whetb€r ouctr pwpoac il pttblic or privrtq oourtE Eust bo lrrgely
inllusneod by tho oourre and usagc of lhe goverarnen1 6e objoct for wbich tst(ts
I Ar ao undiuputable fis!, llmErou5 '?ublio Ecoefits" claures }Erle bccn includld rithiq ooo&srs' prErentod to thc Oty CoutieBio! b plblio blsringE.
? Soo E:coutivc Dirccts Ccntodso'c popcral rl pagc 12, pua. 5.
l0 No suggsstisn bre bcln nrilc tr* &e City'r mnoomllhncc wi6 inplernatilg tsor (rush at
car$Urhing r City bortd fpr nsr-profil tickct dirtihrtim) ws8 alu. to s!y{Li!B othr ttuo irailvErlent
oYcrtiSltl.
ll Scc, h r ncarrieqe ofl-rerv Lanoe urd Lvrr Lapoc. No. 81605. May l, I99?: "Furtbcr. thc lcgielation
otalloo5ad hro hrl beo in a ottaoe h rhis 6t!tD fE over 20 ycrre. Il dctennlniog wlatbcr r dsoro
rcnoa a publio purporc, u cout "oslr takc i o cstsiala:cEorr a loag couro of logrrlation ald uragc of tbo
govcaamot D
820
and op,propiaions havc boct curtomEdly ud by l,oag oounc of logislation lcviod
rnd mrdc. and what objecls bve boon cooridercd ne*8rrry b ihc rryport rnd for
lhc propcr ruc of 6a govcrtunent Whalevcr la*fully peruit*s b ,hlt Drr;o e a d ,t
*ttctlotud by time ard the @qyietc.,/t4€ ol the peoph" nay well b nld lo be a
pl,bl/;a puwose ond propa tor the ,nahleruine oJ good gov*wwrl (Eophreis
rddd) Haplcr v. Smrll- 138 N,8.849 (1923).
Furtbormorc. whrt is a 'lublic pttrpose" ir aot a strtie coocep( brtt is 0cxible ud cryeble of
aprnrion tc roet thc r+r:'rgin8 oonditioor of r oompla< eociety. thc Florida Suprome Court.brs
ruognizcd trir coaccpt md hgs fousd that '...[a] roh gcne.ratiou nay datcrmine itr cmcqpt of
thcre thingr.' Stde v. We$binfion Coilntv Dcvclopmmt ArtLoritv. l7B So.2d 573, 579.F1&
1965); StlteyJirypf TEllS0sE66. t95 so. 4o2 (1940), Sos also Stato v, CitvofJacksonvillc^ 50
So.2rt 532 Flrt951). IDdeo( lht mtuonsur of uodcrn tegislaiive End Judiqial etuldlg
(pmiarloly sfi.r the $tdc Srrat of muaicipal horns rule power) b to broadgn ho rcopr of
rotivitior that ary bs cltssiiod ar involving a pGlio prrposa
l'The City'o dola ?olicy Las rot tocn objccod to by ttr public. dosoib its dccadcr'-loug ?rist dcc.
(Scc, rbow rrgumcot gt III (A) 2(b).)
It Eoononrlo Dctrelopmrot hts bcqrt slitutotily tccoSniuad rs an appo,prien publio purporc of
rruiciplitics. Soc Flori& Stit 166.021(EXb),
G) nr. govcrriiu3 body of r rnuaicipoliry mey cxparil public funds to attrrct md retaia buiuesr
cotarpriroo, rsd thc pec of pullic 6.udt towrrd thc rohialetteat of ouch pcmomic davelopr*nt godr
conotitula I public purporc. Thr grovirioae olthir ohaptor crtrictr ocofer powerr and duticr on lbc
govonriog body ofr BuDioipality, including any powort not tpeciEcally prohihiEd by lnw thnt crntG
attrolsed by tho fovrrnilg body ofe municipstty, rhtll b! libarlty oomstrucd io ordn to Gtrcctivcly
orrry out llc ynrqporer ofthir subrectiorl " (Erttphuit addcd.) Id.
8
For oylr 25 yarE tho City of Miami Boeoh hu dsvotld ilo rtsouroor towcd ocoqgmic
atcvolopocotl'u,ith ragud tD ptanning mrt zoniag irducs, iofrt$ucrrno improv@hl, isotudiog
thc oagohg nebEnanc,e urd pomotiol of facilitica providing virual palonning rrtr
produotione and odhrEl ovcok. Tbo City hrs de.od it a public nopd for hi$*urkhg City
offcialr' Btta[danoe at firoctioru of City+wnod vcnuos in ordcr to proviile tha' wittr tho
opporardty to 1lam Dorc Ebout thc oitizoos' ooncrms Erd iut{63tt ar woll re tllr ho3t
orgrnizaliour rld thcir unique isaucr utd Docds. Tbc excbasgo of inforsration facilit&d by
attrodirg ttcBc firnctims holpa City o$cials bc aorr rcsponsivc to thcsc ncodr. Itis conrirtart
witb the City'r god to allow tbosc higb-ranling City of[cials to att od, d City expcorg culhual
productions and ovrots uking plaor ,! thc City't facilitict, r*ulti.ug ia in*oaed.conmunic*iol
regardiog City Bfairs with tbc prblic outaido of City Hatl, as woll as publicir,ieg &e produetiooo;
rad ovmta ard thus arcouragiry p$lic atoudanoe.
Tho Atlnmey Gcogral's Ofir'e bs formd that oo long rs the Sovomiag body ha: EPlrovGd tho
ruo of publio rarourcos, gubtic firnds may bc cxpor&d for cutlrlainmcnt o(pcflditurcN that t?
821
detcrmincd by the body to serrrc a public purpose, ln m culy ryinio,n Aoo 1958, thc. Atbrocy
Gcueral edclrcescd the legelity of a rpooirl disda rgcnding public funds Cor cotdldnEMt and'
ac,howlcdged thc rcqufucmtot that thc l*Bislaturc urtborizc te use of publio funds for purposor
of horpitality ard cfltcdaituncot A.brcnt nrcl ryeciEc lcgiolative authorizrdo. tLc Auoaey
Gsrcral'r o6cc found that lhc orcrtio of epccial diaticb xtould Dot ir ard of itrotf indicrlr r
lcsd lo ccrry otr cxtcasiveprogreras of hospitslity and enlcrtBinllcot. See, Fla. AGO 58-12,
TIIE CIry'S TICK.E',T POIT,ICY PROVIDES A PRBDOMINAIIT PUBUC
BENEPTT. AND A}{Y BENEFI TO CITY PEB$ONNEL IS INCIDENTAL
this too ij a mrtEr oi gootl faitb disdctionary decisiort-trrking by tha City's govc,tDmg bo.ty.
ANDTTIUSPRO?BL
Finally, thc fEEt tlst City ofEja.la may bc iucidooblly bcoaf,ttod by utc of thcsc tic,tdr
docs not ile4fioy lho public naturo of tho City'E policy. Floritla's courtB havr rccognizcd tlet rhe
atcoution of a public purposc iha, lnvolvcs thc orpcoditrrc of moncy it r.rsualty dlodod Yith
privala broefiu. rad so tong as thc principal purposc of the onaobeut ie public in uuua,-it ir
irotovant that thcro vill be ur incidmtrl bcDGIil to privele intaccts, Sec, BhctbUra v' Sretc
C,onrmiuiog m Ethig. i89 So. 2d 43 t (Plu l'r DCA 1991)i rnd Thourbrr v. C8gfForr Wdtoa
Beaoh. 568 So. ld 914, 9I7 (Fla. 1990) (dcfondtU against rccall lauiruit orcrtod incidcotal
bcnefit to olcotod oficial wbile providing primary bouefit rc public)'
IV. CgNCLVSIOM
Iho ruthoritior citod tbovc nrpport thc lcgrl pmporition tlEt otc crry of Mirni Bcacb may,
ubjea to judiciql rqviow, cetablieh poiicy govardrg lhe dlatributioo ad rurgo of ir tic.kots to
Ciry.ouaod venuce. whioh policy oanios the prcsrrmption of validity. lte COE lecks juriadiction
to irsuo a policy itato66rt etatilg what is rad what ir not r ltwfirl 'lublic piupoae" wi& rognrd
to thc City's dirdbution itrd osc of tblso ticktts. It is the City Cornmiosioa 6at ls &c filal
ubitar of itE tickor polioy, and uot the Ethics Commissior .
With rogsrd to tbe distriburbn of City tiokila !o Egh'r'"t'i''g City pcnouol'. ir ie aot
rmrcaeoriabla to premme $at plrt of thsir oIEcieI dutios ery be to atlad oortain high-ptofiIe
rpcciat wartr (rurch rr Art Basel or tho South Boroh Wha & Pood lesrival) tbat focua national
-O iotcmationut Btt4ntiotr on thD City of Misni Beach aod thur promote commace aad toruiro.
As to thoBe 'Ordin:ry' perlOrmanoes or ovBols which do not uccas[ily garaar natiouel
attoutioq thorc is a public purposo in the p'resoacc of Citl' ofEoials at thosc ovcots as wcll end
822
1) Determine the potential audience for ihe tickets.a. lf inappropriate for youth (aduli show not intended for persons under 18 lrears of age), then only used the organizations/groupsidentified as serving adult populationsb. lf appeals to all populations, then go in order listed2) Contact the identified community organizatbns/groups to offer the tickets.a. Follow the order listed to call and offer tickets (unless not appropriate for the population serued by the organization/entity; if so,note that the agency was not called, so it can be called with the next sel of available tickets.)b. lf an agency does not accept the tickets, then they will need to wait until they are next on the rotation.c. lf an agency does not respond to an offer for tickets, pursuant to he process described below, then they will need io wait untilthey are next on the rotation. ii. Efforts to contact agencies should be as follors:1 . Email to contact person2. lf no response within 24 hours, call contact person3. lf no retum call within 24 hours, go to next entity.d. Once you have distributed the tickets, note the last entity called/distributed tickets.e. Start diskibution calls beginning with the ne)d organization/group on the list, unless there is any organization/entity that was notcalled the preMous time because the tickets were not appropriate for their population served. ln those cases, call thatone/those first.f. lf the tickets are receirred last tninute (day of event), or retumed, distribution to employees can be made. Distribution toemplolees can also be made if requested by the Human Resources Department for purposes of recognizing certainemployees.i. Department Directors are to be offered tickets to provide as a recognition lo employeesii. lf there are no interested Department Directors, then tickets can be offered on a 'first come, first serve' basis. However,no employee can receive tickets through a'first come, first serve" basis more than 3 times in one year.iii. Employees must sign for the tickets; employees must be advised the value of the ticket and that a Gift Disclosure maybe required.3) Fill out the portion of the ticket distribution spreadsheet to reflect the organization/group that received the tickets. Secure theirsignature when they pick up the ticket. Request that the agenry keep a log of their participants that received the tickets for the City'sreMew, if necessary.4) Attach to the ticket distribution list in the binder the process used to allocate the tickets for that event. For example: contacted #1,#2,#3 - not interested; contacted tl4, provided four tickets; contacted #5 - not interested; did not contact f6 - not appropriate; contacted#7, provided four tickets. ln this example, Iffi would be contacted first for the next set of tickets, and then you would proceed with #8.mxI6-{t-823
#AgencyContactAddressTeleohoneEmaillarget Population1ASPIRA of FloridaAymet Chaples6100 BlueLagoon Drive,Suite 460. 3312630$269-6767acha oles@fl .asoira.oror/outh, families2Ayuda, lnc.Diana Susi7118 ByronAvenue,3314130$.864-6885dianasusi@awdamiami.orofouth, families3Biscayr ElementaryCommunity SchoolLeslieRosenfeld305-532-45154Choices Et Al, lnc.CherylPolite-EafordP.O. Box 645409,3326930s332-2074coeaford@bellsouth. netfouth, families,:ourtdirectedservices5Fienberg Fisher K-8CenterLeslieRosenfeld30s531-04196Get Credit HealthyElizabethKanrrowski250 NW 23rd St.Ste 205. 33127877-850-3,144ek@oetcredithealthv.comndiMduals,iamilies7lnstitute for Child &Familv HealthAdriana Kochen430 West 66thStreet.33012akochen@icfhinc.orqfouth, families8Miami Beach CommunityHealth CenterKathryn Abbate710 Alton Road,3313930$69$2184kathrvna@mbchc.comnfants, youth,amilies,ndividuals.9Miami Beach Sr. HighSchoolLeslieRosenfeld30$532-451510Nautilus Middle SchoolLeslieRosenfeld30s532-348111North Beach ElementarySchoolLeslieRosenfeld'30s531-766612South Florida Center forFamily CounselingJose Matos17801 NW2-Avenue #207,3316995+2,43-6298iosedmatos@hotm ai I.comt/outh, families,ndividuals,;ouples, court-lirected services13South Pointe ElementarySchoolLeslieRosenfeld305-531-543714Stand Up forThose WhoCan'tJeannette Egozi71 18 ByronAvenue.3314130$864-5237ieannette@ecoz.bizfouth15Switchboard of MiamiNathan Gomez190 NE 3rdStreet, Miami FL33132305-358-'1640nqomez@switchboardmiami.orsYouth, families,ndividuals,rcuoles16Teen Job CorpsDeborahRuooiero7356 GaryAvenue. 3314178S.357-5972dimmruo@omail.com\dolescent, lowerncome vouth17Unidad of Miami BeachArsenio Jorge833-6m Street,33139305-532-5350nsantiaqo@unidadmb.orqt/outh, families,ndividuals824
18Rebecca Towers -North/ SouthMagnoliaMartinez200 Alton Road305 532-640119Michioan Ave ABtsLaura Molina532 Michiqan Ave30s.535-800220Michioan Ave AotsLaura Molina530 Michioan Ave305-535-800221Council Towers SouthCarmen Leon533 Collins Ave30$.532-411822Lulav SquareGilberto Junco628 LenoxAvenue30ffi72-881123Federation TowersChrisMeadows/StellaDavidovic757 West Avenue305-531-238824BlackstoneTerry/ CarlosCairo800 WashingtonAvenue305 534-448925Edwards AoartmentsMaria953 CollinsAvenue305-534-946420Council Towers NorthAntonio Acea1040 CollinsAvenue305-538-56582tShep Davis PlazaTeny/MartinMartin220 - 23rd Street305 534-448928Four Freedoms HouseEstrella Pereda3800 CollinsAvenue305€73-842529Stella MarisLilianDeJarden;lleana Mera8638 HardingAvenue305-868-402030Jefferson AotsLaura Molina542 JeffersonAve30$.53$800231Mlla MariaLaura Molina2800 ColtinsAvenue30s-535-800232Allen Apts.Laura Molina2001 WashingtonAve305-535-800233Coral Rock HouseEskella Pereda1701 NormandyDrive305-867-005'134Children's TrustParenUChild ProoramMaria Ruiz1700 ConventionCenter Drivex6491MariaRuiz@miamibeachfl .govAt risk youth35Children's Trust MomingAllstarsMaria Ruiz1700 ConventionC,enter Drivex649'tMariaRuiz@miamibeachfl .gov\t risk youth36Children's Trust SuccessUniversitvMaria Ruiz1700 ConventionCenter Drivex6491MariaRuiz@miamibeachfl .govAt risk puth38Miami-Dade CountyPublic Schools - FeederPattemLeslieRosenfeld1700 ConventionCenter Drivex6923leslierosenfeld@miamibeachfl .govYouth39North Shore YouthCindy501 72 Street30s861-3616ccasanovia@m iam ibeachfl.oovfouth825
CenterCasanora4021"'Street Teen ClubWillie Prieoues305-673-7784wDrieques@miamibeachfl .qovYouth41Scott Rakow YouthCenterEllen Vargas2700 Sheridan305-673-7767emrgas@miamibeachfl .govYouthHMdministration\Gift Retum memos & ticket distribution\PRocEss FOR DISTRIBUTION OF ADDITIONAL ICKETs NOT DISTRIBUTED TO OFFlClALS.docx826
FILLMORE MB @ JGT AND CONVENTION CENTER TICKET DISTRIBUTIONRESOLUTION NO. 93-20694SHOW/EVENT:DATE/TIME:COST:827
EXHIBIT K
January 31,2013
Hon. Matti Herrera Bower
Office of the Mayor
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Miami, FL 33128
Dear Mayor Bower:
This opinion is provided in response to your recent inquiry regarding a pending proposal to
establish a comprehensive policy for the City of Miami Beach regarding use and distribution of
complimentary tickets to events and productions occurring at city-owned venues and/or city-
sponsored events. The request for this opinion was made by you in light of the adoption ir.2012
by the Miami-Dade Commission on Ethics and Public Trust of "Guidelines and
recommendations regarding 'public benefit' clauses in certain govemment contracts," as well as
an addendum to said guidelines and recommendations in which further elaboration and
explanation were provided by the Commission conceming permissible public purposes and uses
for such public benefits.
First, we recognize that in creating such a policy, the City of Miami Beach would be addressing
in a comprehensive way many of the issues which arise in connection with its receipt of
complimentary tickets intended to be used for public purposes. We applaud this effort. In
addition, inasmuch as the proposed new policy in large part mirrors the work of the Ethics
Commission in creating guidelines in this same area, we are appreciative of the City's efforts to
come up with a policy that comports with those guidelines.
For the most part, we find the proposed guidelines to be useful and beneficial to the protection of
the public interest in connection with the distribulion of public resources. There aie, however, a
couple of issues raised by the proposed policy that need to be addressed to insure that the policy
fal1s within the guidelines of the Ethics Commission's recommended policy, which is based upon
the requirements of the Miami-Dade County Conflict of Interest and Ethics Ordinance, made
applicable by County Charter to all municipalities within Miami-Dade County. Each of these
issues is described below.
1) In the sixth introductory paragraph to the resolution establishing the new Miami
Beach policy, it is stated that "...public purpose is further served via the distribution
of tickets to exemplary City employees and other notable members of the
community..."
828
2)
The provisions in the Ethics policy which correspond to the language cited above are
contained in Section B. 5. of the Ethics Commission Addendum. The latter section
refers to distribution of these benefits to "a. Employees, as part of an employee
recognition program with defined criteria; b. Residents who have made special
contributions to the community, as established by defined criteria."
We suggest that, in order to bring the Miami Beach policy clearly within the
Commission's suggested policy, the above language in the resolution be amended by
deleting the words "exemplary City employees and other notable members of the
community'' and replacing them with "City employees officially recognized for their
exemplary service and members of the community officially recognized for making
special contributions to the public welfare." Of course, it is also a permissible public
purpose to distribute such benefits to the general public on a first-come, first-serve
basis.
#4 of Exhibit 'A" of "Acceptable 'Public Purpose' Uses (By Category) of CMB
Tickets," attached to the City's resolution, lists "Monitorhg and evaluation of City
venues and the quality of performances therein (in particular, attendance at opening
day events at City-owned venues), and/or monitoring and evaluation of the value of
City-sponsored events and their compliance with City policies, agreements and other
requirements." There are corresponding provisions cited below which were adopted
by the Ethics Commission in its Addendum, but these provisions do not create as
broad an allowance for the distribution of public benefits as the City's proposal
appears to do.
A.l2.i. of the Addendum recognizes "Assess facility needs, propssed changes and
constituent concerns in response to a documented complaint specifically addressed to
the attendee." This would not justify an open-ended invitation to any public official
to attend any event for the purpose of "monitoring" the venue, unless there were a
specific issue brought to the attention of that official which provided a reasonable
basis upon which to attend an event, notwithstanding that it is likely that most such
complaints could be dealt with without attending the event itself. Without such a
specific issue to deal with, the attendance at an event for "monitoring" purposes
would likely be considered to be outside of the guidelines approved by the Ethics
Commission.
A.12j. of the Addendum would permit "Attending the opening day game or
performance of a County/City-owned facility." This was included at the time because
of the opening of the Marlins Stadium, an event that would certainly justify the
attendance of public officials at the opening ceremonies for such a facility. It was
clearly intended for "facility" openings, however, not for the opening night of every
theatrical event or sports series . Such a broad interpretation would render the rest of
the policy meaningless. It is not a proper public purpose to provide public officials
with opening night tickets to every perfonnance event at a publicly-owned facility.
829
I hope that this has provided you with a better understanding of the County Ethics policy,
such that Miami Beach officials can be guided toward a policy that is consistent with that
of the Ethics Commission. Please do not hesitate to call me or my staff if you have
further questions.
Sincerely yours,
Joseph M. Centorino
Executive Director and General Counsel
Miami-Dade Commission on Ethics and Public Trust
cc: Jose Smith, Esq., Miami Beach City Attomey
830
Smith, Jose
From:
Sent:
To:
Subject:
Attachments:
Centorino, Joseph (COE) <CENTORI@miamidade.gov>
Friday, February 01,2013 4:48 PM
Smith, Jose
FW: Opinon regarding proposed comprehensive ticket policy for the City of Miami
Beach
INQ - MayorMattiBowertickets.docx
From: Centorino, Joseph (COE)
Sent: Friday, February 0t,2OL3 4:45 PM
To:'mayorbower@miamibeachfl .goy'
Cc:'josesmtih@miamibeachfl .gov'
Subject: Opinon regarding proposed comprehensive ticket policy for the City of Miami Beach
Mayor Bower,
Attached is a copy of the opinion that you requested regarding the proposed comprehensive ticket policy for the City of
Miami Beach. Please contact me if you have any further questions.
Sincerely,
Joe Centorino
Joseyfi tt4-. Centorino
Executive Director and General Counsel
Miami-Dade Commission on Ethics arrd Public Trust
19 W. Flagler Street, Suite 820
Miami, PL 33130
Te1: (305) 579-2s94
Fax: (305) 579-0273
www. miamidadeethics. com
831
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Authorizing The City Manager To Enter lnto An Agreement With Seth H. Bramson ln An
Amount Not To Exceed Twenty-Five Thousand Dollars ($25,000) To AuthorA Book ln Honor Of The City's
Centennial Anniversary, Write A Monthly Centennial Monograph, Assist ln The Creation Of Historical
Exhibitions: And Further Seth H. Bramson As The Citv's Centennial Historian.
Maximize Miami Beach as a Brand Destination
Supporting Data (Surveys, Environmental Scan, etc.): NiA
Item Summary/Recommendation :
The City's Centennial will occur on March 26, 2015. The City Administration continues planning efforts and
has been focusing on several historical initiatives. The City has identified the need to work with a
professional historian to implement programs that raise awareness of the City's history to ensure that the
Centennial reaches a vast and broad audience.
Historian Seth H. Bramson has lived in the Miami area since 1 946 and is nationally known as the foremost
authority on the history of transportation to, from, and within Florida. He is Company Historian of the
Florida East Coast Railway and the author of Speedway to Sunshine, the history of that famous line, as
well as 16 other books, all relating to South Florida local and Florida transportation history. Mr. Bramson's
collection of Miami memorabilia and Floridiana is the largest such collection in private hands in America.
He is a faculty member at both Barry University in Miami Shores and Florida lnternational University in
Miami, where he teaches all of the University's Florida and South Florida history courses, as well as the
historyofAmericanrailroads. Hehaswritten Sunshine, SfoneCrabsandCheesecake: TheStoryof Miami
Beach and lmages of America - Miami Beach among numerous other credits.
Mr. Bramson will write a book which will capture the City's history and provide a medium to inform
residents and the general public about the City's rich and distinctive culture and to express the uniqueness
of the city as it approaches its Centennial year. He will make available his collection of historical and
contemporary photographic images and artifacts relating to the City of Miami Beach. He will also assist in
preparing exhibits featuring Miami Beach's history that can be circulated throughout our community and
displayed at various events and public facilities.
He has also agreed to serve as the City's Centennial Historian and lecture throughout the Centennialyear
to raise awareness of local history. This information can all be made available to local schools to provide
students with an opportunity to receive hands-on educational experience while learning about local history.
Finally, a component of Mr. Bramson's work could help populate the City's website with the City's rich
history.
The City has negotiated compensation to Mr. Bramson in the amount of Twenty-Five Thousand Dollars
($25,000). As part of this agreement Mr. Bramson specifically requests that Seven Thousand Dollars
($7,000) be donated back to the City for the Police Department, the Fire Department, Parks and
Recreation and/or for any other use at the discretion of the
Financial lnformation:
Source of
Funds: --r
oBH ql_
Amount Account
1 $25,000 Resort Tax Contingency -FY 2013114.
Total $25,000
Financial lmpact Summary:
Max Sklar, Tourism, Culture and Economic Development Director
AGETTTDA fiEn R10MIAMIBEACHDArE 6-ll- lq832
E MIAMIBEACH
(ity of Miomi Beoch, I200 Convention Cenler Drive, Miomi Beoch, Florido 33I 39, www. m iom ibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
SUBJECT: A RESOLUTION OF THE MAYORIAND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH SETH H. BRAMSON (AUTHOR) IN AN AMOUNT
NOT TO EXCEED TWENTY-F|VE THOUSAND DOLLARS ($25,000)
(coMPENSATTON), FROM WHTCH COMPENSATTON AUTHOR WlLL DONATE
THE TOTAL SUM OF SEVEN THOUSAND DOLLARS ($7,OOO) BACK TO THE
ctTY (DONAT|ON), TO AUTHOR A BOOK tN HONOR OF THE CtTy'S
CENTENNIAL ANNIVERSARY, WRITE A MONTHLY CENTENNIAL
MONOGRAPH, AND ASSIST !N THE CREATION OF HISTORICAL
EXHIBITIONS; AND FURTHER AUTHORIZING THE CITY MANAGER TO
DESIGNATE SETH H. BMMSON AS THE CITY'S CENTENNIAL HISTORIAN,
AT NO ADDITIONAL COST TO THE CITY.
REGOMMENDATION
Adopt the Resolution.
FUNDING
$25,000 is available in the Resort Tax Contlngency - FY 2013114.
BACKGROUND
The City's Centennial will occur on March 26, 2015. On June 5, 2013, the City Commission adopted
Resolution No. 2013-28235 accepting the recommendation of the NCAC to establish an Ad Hoc
Committee for this purpose. On July 17 ,2013, the City Commission also adopted Resolution No.
2013-28269 formally establishing theAd-Hoc Committee. TheAd Hoc Committeewill be composed
of seven (7) members who are direct appointments by the Mayor and City Commissioners with
terms of membership to begin on July 31 ,2013 and expiring on May 31, 2015 (subject to earlier or
later sunset by the City Commission).
The Ad-Hoc Committee now meets regularly and is working to finalize recommendations for the City
Commission's consideration. However, the CityAdministration continues planning efforts and has
been focusing on several historical initiatives. The City has identified the need to work with a
professional historian to implement programs that raise awareness of the City's history to ensure
that the Centennial reaches a vast and broad audience.
the City c/mission
l-j<-
833
City Commission Meeting
Centennial Historian
June 11, 2014
Page 2 of 2
Historian Seth H. Bramson has llved in the Miami area since 1946 and is nationally known as the
foremost authority on the hlstory of transportation to, from, and within Florida. He is Company
Historian of the Florida East Coast Railway and the author of Speedway to Sunshine, the history of
that famous line, as well as 16 other books, all relating to South Florida local and Florida
transportation history.
Mr. Bramson's collection of Miami memorabilia and Floridiana is the largest such collection in private
hands in America. He is a faculty member at both Barry University in Miami Shores and Florida
lnternational University in Miami, where he teaches all of the University's Florida and South Florida
history courses, as well as the history of American railroads.
He has written Sunsh ine, Stone Crabs and Cheesecake: The Story of Miami Beach and lmages of
America - Miami Beach among numerous other credits.
Mr. Bramson has agreed to write a book which will capture the City's history and provide a medium
to inform residents and the general public about the City's rich and distinctive culture and to express
the uniqueness of the city as it approaches its Centennial year. He will make available his collection
of historical and contemporary photographic images and artifacts relating to the City of Miami
Beach. He will also assist in preparing exhibits featuring Miami Beach's history that can be
circulated throughout our community and displayed at various events and public facilities.
He has also agreed to serve as the City's Centennial Historian and lecture throughout the
Centennial year to raise awareness of local history. This information can all be made available to
local schools to provide students with an opportunity to receive hands-on educational experience
while learning about local history. Finally, a component of Mr. Bramson's work could help populate
the City's website with the City's rich history.
The City has negotiated compensation to Mr. Bramson in the amount of Twenty-Five Thousand
Dollars ($25,000). As part of this agreement Mr. Bramson specifically requests that Seven
Thousand Dollars ($7,000) be donated back to the City for the Police Department, the Fire
Department, Parks and Recreation Department and/or for any other use at the discretion of the City
Manager. The Administration recommends that the City enter into a contract with the Author, in
substantially the form of the one attached hereto as Exhibit "'1".
CONCLUSION
The Administration recommends adopting a resolution authorizing the City Manager to enter into an
agreement with Seth H. Bramson (Author) in an amount not to exceed Twenty-Five Thousand
Dollars ($25,000) (Compensation), from which Compensation author will donate the total sum of
Seven Thousand Dollars ($7,000) back to the City (Donation), to author a book in honor of the City's
Centennial Anniversary, write a monthly centennial monograph, assist in the creation of historical
exhibitions; and further authorizing the City Manager to designate Seth H. Bramson as the City's
fl:"ffi1l
storian, at no additional cost to the city
T:\AGENDAU0l4Uune\TCED\Reso Approving Agreement wtih Seth Bramson MEMO,doc
834
Exhibit "l"
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
SETH H. BRAMSON CONTRACT NO.
THIS AGREEMENT, is entered into this _ day of 2014,by and between
the CITY OF MIAMI BEACH, a Florida municipal corporation, located at l70l Convention
Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as "City") and SETH H.
BRAMSON, an individual, residing at 330 N.E.96th Street, Miami Shores, Florida 33138
(hereinafter referred to as "Author").
WHEREAS, the City desires to retain a writer to create a book which will capture the
City's history and provide a medium to inform residents and the general public about the City's
rich and distinctive culture and to express the uniqueness of the city as it approaches its
Centennial year, and,
WHEREAS, the Author is a renowned writer of 22 previous books and close to 200
articles, and has a collection of historical and contemporary photographic images and artifacts
relating to the City of Miami Beach and its predecessors, and has expressed the desire and ability
to produce a book which will be titled (title to be decided upon) (hereinafter referred as the
"Book"); and
WHEREAS, the Author will work with the City administration to prepzrre and finalize a
publication schedule for the Publisher, in order to deliver a final draft of the Book to the City
administration and the Publisher on or before December 15, 2014, and
WHEREAS, the City will decide upon a Publisher at the earliest date possible,
NOW THEREFORE, as part of the consideration for this Agreement the City and the
Author hereby declare and agree to the following:
1 . Recitals. The above recitals are incorporated herein as if fully set forth.
2. Term. The term of this Agreement is for the specific purpose of writing a Book entitled
(title to be decided upon) and shall terminate upon completion of the Book's release and
signings, unless terminated sooner in writing by the parties pursuant to paragraph 11, noting,
however that the author's services as City Historian will be caried out at no charge to the city
following the final payment to him upon delivery of the book to the city for as long as the author
remains in good health and can perform the services requested of him, including, but not limited
to, speeches and talks on Miami Beach and its history, assistance in preparation of exhibits
relating to the City's history and advice and input on matters relating to and regarding the City's
history.
3. Author's Oblisations. The Author shall perform the following Services:
(a) Submit the title for the book for approval by the Mayor and City Manager; and
835
4.
(b) Provide the City, for its review and comments, a copy of the final draft of the
Book, inclusive of all illustrations, prior to submittal to the publisher; and
(c) Use photographs from Author's personal collection of vintage and contemporary
photographs and images and other artifacts, as well as those submitted by the City
and other interested parties; and
(d) Provide a completed draft of the Book to the Publisher by December 15, 2014.. The
Author shall coordinate and solicit comments from the City and other interested
parties regarding the selection of the photographs to be submitted to the Publisher;
and
(e) Assist the City in preparing an inaugural press release relating to the "kick-off' ofthe
City' s Centennial celebration; and,
(€) Assist the City in organizing public Book release(s) and signing(s) at mutually agreed
to locations. City shall coordinate the scheduling of the Book release and signing events with the
Author. The Author shall make himself available but will not be compensated for his
appearance(s) at said events held within the City or at events following the publication of the
Book.
City's Obligations.
(a) Coordinate with the Author the delivery of photographs to Publisher.
(b) Pay for the cost of shipping and handling of the Book to one or more locations of
the City's election.
(c) Pay for the cost of reproducing all photographs selected by the Author, the City or
other interested parties to be submitted to the Publisher.
(d) The cover stock and the type of pages to be used by the publisher in the Book will
be determined by the Mayor and City Manager.
ComDensation.
(a) As the entire compensation (compensation) under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, the City shall pay Author a
total fee of Twenty-Five Thousand Dollars ($25,000), of which Eighteen Thousand
Dollars ($18,000) will be paid to the Author in three (3) increments as follows: Six
Thousand Dollars ($6,000) as a retainer fee upon execution of the contract (Initial
Payment); Six Thousand Dollars ($6,000) upon the Author's delivery of the final
draft of the Book to the Publisher (Second Payment), and Six Thousand Dollars
($6,000) upon the delivery of the published Books to the City (Third Payment). As
5.
836
part of this agreement the Author specifically requests that the balance(s) of his
compensation be considered as a donation to the City of Miami Beach, and disbursed
as follows: From the Initial Payment, $2,333.00 is to be donated to the Police
Department and/or the Fire Department, at the discretion of the City Manager; From
the Second Payment, $2,333.00 is to be donated to the Recreation Department; From
the Third Payment, 52,334.00 is to be donated to the Office of the City Manager to be
used by him and at his discretion for the benefit of the City. (The net amount paid to
Author with each increment will be $6,000, totaling $18,000.00 net to Author) The
Author requests that, with each donation, the City provide a letter thanking him for
said donation.
(b) Payment of said compensation shall be made upon receipt of proper invoice from
the Author. If the City disputes any charges on the invoices, it may make
payrnent of the uncontested amount and withhold payment on the contested
amounts until they are resolved by agreement between the parties.
6. Copvrisht. Patent. Trademark.
(a) Author agrees that all work performed under this Agreement shall comply with all
applicable patent, trademark and copyright laws, rules, regulations and codes.
The Author further agrees that the book will not utilize any protected patent,
trademark or copltight unless Author has obtained proper permission and all
releases and other necessary documents.
(b) If the Author uses any protected material, process or procedure, the Author shall
disclose such patent, trademark or copyright in the Book.
7. Indenendent Contractor. Except as expressly provided for in this Agreement, Author is
not authorized to act as the City's Agent hereunder and shall have no authority, expressed or
implied, to act for or bind the City hereunder, either in Author's relations with sub-Consultants,
or in any other manner whatsoever.
8. Use of Citv Seal. Author shall not use the name or official seal of the City in any
promotional material without the prior written consent of the City.
9. Assignment. The rights of each party under this Agreement are personal to that party and
may not be assigned or transferred to any other person, firm, corporation, or other entity without
the prior, expressed, and written consent ofthe other party.
10. Indemnification. Author shall indemnify the City from all claims due to the negligence
of Author, Author's employees, principals, and/or agents, including, without limitation,
copyright, patent or trademark infringement claims.
11. Termination. Each Party shall have the right to cancel this Agreement, at any time
during the term hereof, upon thirty (30) days written notice to the other. Payment will be made
only for actual services performed, not to exceed fifty percent (50%) ofthe contract price.
837
12. Governins Law. It is agreed that this Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Florida.
13. Attorneys' Fees. If any action is hled in relation to this Agreement, including Appellate
proceedings, the unsuccessful party in the action shall pay to the successful paty all sums that
either party may be called upon to pay, including the successful party's attorney's fees and costs.
14. Partial InvalidiW. The invalidity of any portion of this Agreement shall not be deemed
to affect the validity of any other provision. If any provision of this Agreement is held to be
invalid, the parties agree that the remdining provisions shall be deemed to be in full force and
effect, ifthey have been executed by both parties subsequent to the expungement ofthe invalid
provision.
15. Entire Agreement. This Agreement shall constitute the entire Agreement between the
parties and any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either pafly except to the extent incorporated in this
Agreement.
16. Modification. Any modification of this Agreement or additional obligations assumed by
either party in connection with Agreement shall be binding only if placed in writing and signed
by each party or an authorized representative of each party.
IN WITNESS WHEREOX', the parties hereto have executed this Agreement in triplicate on the
day and year written above.
WITNESS: SETH II. BRAMSON
(Print name)
Seth H. Bramson, Author
CITY OF MIAMI BEACHATTEST:
Jimmy Morales, City Manager
APPROVED AS TO FORM AND
LEGAL SUF'F'ICIENCY
Raul Aguila, City Attorney
By:
By:By:
838
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE C]TY MANAGER TO
ENTER INTO AN AGREEMENT WITH SETH H. BRAMSON (AUTHOR) IN AN
AMOUNT NOT TO EXCEED TWENTY.FIVE THOUSAND DOLLARS
($25,000) (coMPENSATTON), FROM WHrCH COMPENSATTON AUTHOR
WILL DONATE THE TOTAL SUM OF SEVEN THOUSAND DOLLARS
($7,OOO; BACK TO THE CrrY (DONATTON), TO AUTHOR A BOOK rN
HONOR OF THE CITY'S CENTENNIAL ANNIVERSARY, WRITE A
MONTHLY CENTENNIAL MONOGRAPH, AND ASSIST IN THE CREATION
OF HISTORICAL EXHIBITIONS; AND FURTHER AUTHORIZING THE CITY
MANAGER TO DESIGNATE SETH H. BRAMSON AS THE CITY'S
CENTENNIAL HISTORIAN, AT NO ADDITIONAL GOST TO THE CITY.
WHEREAS, the City of Miami Beach Centennial will occur on March 26, 2015; and
WHEREAS, the City has identified the need to work with a professional historian to
implement programs that raise awareness of the City's history to ensure that the Centennial
reaches a vast and broad audience; and
WHEREAS, Historian Seth H. Bramson has lived in the Miami area since'1946 and is
nationally known as the foremost authority on the history of transportation to, from, and within
Florida and his collection of Miami memorabilia and Floridiana is the largest such collection in
private hands in America; and
WHEREAS, he is Company Historian of the Florida East Coast Railway and the author
of Speedway to Sunshine, the history of that famous line, as well as 16 other books, all relating
to South Florida local and Florida transportation history, as well as Sunshlne, Stone Crabs and
Cheesecake: The Story of Miami Beach and lmages of America - Miami Beach, among
numerous other books; and
WHEREAS, and he is a faculty member at both Barry University in Miami Shores and
Florida lnternational University in Miami, where he teaches all of the University's Florida and
South Florida history courses, as well as the history of American railroads; and
WHEREAS, Mr. Bramson has agreed to write a book which will capture the City's history
and provide a medium to inform residents and the general public about the City's rich and
distinctive culture and to express the uniqueness of the City as it approaches its Centennial
year; and
WHEREAS, Mr. Bramson will make available his collection of historical and
contemporary photographic images and artifacts relating to the City of Miami Beach and he will
also assist in preparing exhibits featuring Miami Beach's history that can be circulated
throughout our community and displayed at various events and public facilities; and
WHEREAS, the City has negotiated compensation to Mr. Bramson in the amount of
Twenty-Five Thousand Dollars ($25,000) and Mr. Bramson will donate Seven Thousand Dollars
($Z,OOO; back to the City for the Police Department, the Fire Department, Parks and Recreation
Department and/or for any other use at the discretion of the City Manager, and
839
WHEREAS, Mr. Bramson has agreed to serve as the City's Centennial Historian
and lecture throughout the Centennial year to raise awareness of local history at no additional
cost to the City; and
WHEREAS, the Administration recommends adopting a resolution authorizing the City
Manager to enter into an agreement with Seth H. Bramson in an amount not to exceed Twenty-
Five Thousand Dollars ($25,000) to author a book in honor of the City's Centennial Anniversary,
write a monthly centennial monograph, assist in the creation of historical exhibitions; and fu(her
designating Seth H. Bramson as the City's Centennial Historian.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the City
Manager to enter into an agreement with Seth H. Bramson (Author), in an amount not to exceed
Twenty-Five Thousand Dollars ($25,000) (Compensation), from which Compensation Author will
donate Seven Thousand Dollars ($7,000) back to the City (Donation), to author a book in honor
of the City's Centennial Anniversary, write a monthly centennial monograph, and assist in the
creation of historical exhibitions; and further authorize the City Manager to designate Seth H.
Branson as the City's Centennial Historian, at no additional cost to the City.
PASSED and ADOPTED this 11th day of June, 2014.
ATTEST:
PHILIP LEVINE
MAYOR
RAFAEL GRANADO
CITY CLERK
T:\AGENDA\20 14\June\TCED\Reso Approving Agreement wtih Seth Bramson RESO.doc
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840
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841
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City Manager To Enter lnto An Agreement With Florida lnternational
University ln An Amount Not To Exceed One Hundred Thirty-Five Thousand Dollars (9135,000) To Provide
Archival Digitization And Catraloging Services Of Historical Documents And Material For The City's
Centennial An
lntended Outcome Su
Maximize Miami Beach as a Brand Destination
Supporting Data (Surveys, Environmental Scan, etc.): NiA
Item Summary/Recommendation :
The City's Centennial will occur on March 26, 2015. On June 5, 2013, the City Commission adopted
Resolution No. 2013-28235 accepting the recommendation of the NCAC to establish an Ad Hoc
Committee for this purpose. On July 17 ,2013, the City Commission also adopted Resolution No. 2013-
28269 formally establishing the Ad-Hoc Committee.
As the City's planning efforts develop, the City Administration has identified a need to document, digitize
and catalog all the historical documents and material in the City Clerk's Office. Attached for your reference
(Exhibit "A") is a recently completed inventory of the City Clerk's Archives. The Wolfsonian Museum,
(under the direction of Dr. Frank Luca and Derek Merleaux, Digital Project Consultant) has submitted a
proposal to digitize and catalog approximately 10,000 historical materials from the City of Miami Beach
Archives and upload these materials online in a user-friendly interface. These materials will form part of the
core of visuals and artifacts that we will draw upon for the history book and exhibits. Florida lnternational
University's (FlU) history and design team will also explore all local archival resources (including print,
video, film, photography, web, oral history interviews, etc.) to selectthe bestand most captivating materials
for historical exhibitions. Dr. Luca will work with FIU graduate students in history to help him complete the
archival digitization work. The results can be permanently hosted on the City's website.
The City will also seek to get the public involved in our Centennial celebrations by inviting them to share
their photographic archives and personal collections to help us to tell us tell the story of our City.
Thousands of images exist in family albums, personal collections of the amateur photographers and home
moviemakers who have recorded the intimate lives of our community over many decades. Behind every
image is a story waiting to be told.
Financial lnformation:
Source of
Funds: --,
orr, @
Amount Account
1 $135,000 Resort Tax Contingency -FY 2013114.
Total $135,000
Financial lmpact Summary:
Max Sklar, Tourism, Culture and Economic Development Director
AGENDA 'TEU R.J PMIAMIBEACHDATE842
E MIAMIBEACH
Gity of Miomi Beoch, I200 Convenlion Cenler Drive, Miomi Beoch, Florido 33 | 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o
FROM: Jimmy L. Morales, City Manager
DATE: June 11, 2014
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH FLORIDA INTERNATIONAL UNIVERSIW IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY.FIVE THOUSAND
DOLLARS ($135,000) TO PROVIDE ARCHIVAL DIGITIZATION AND
CATALOGING SERVICES OF HISTORICAL DOCUMENTS AND MATERIAL
FOR THE CITY'S CENTENNIAL ANNIVERSARY.
RECOMMENDATION
Adopt the Resolution.
FUNDING
$135,000 is available in the Resort Tax Contingency - FY 2013114.
BACKGROUND
The City's Centennial will occur on March 26, 2015. On June 5, 2013, the City Commission adopted
Resolution No. 2013-28235 accepting the recommendation of the NCAC to establish an Ad Hoc
Committee for this purpose. On July 17,2013, the City Commission also adopted Resolution No.
2013-28269 formally establishing the Ad-Hoc Committee.
As the City's planning efforts develop, the City Administration has identified a need to document,
digitize and catalog all the historical documents and material in the City Clerk's Office. Attached for
your reference (Exhibit "A") is a recently completed inventory of the City Clerk's Archives. The
Wolfsonian Museum, (under the direction of Dr. Frank Luca and Derek Merleaux, Digital Project
Consultant) has submitted a proposal to digitize and catalog approximately 10,000 historical
materials from the City of Miami Beach Archives and upload these materials online in a user-friendly
interface. These materials will form part of the core of visuals and artifacts that wewill draw upon for
the history book and exhibits. Florida lnternational University's (FlU) history and design team will
also explore all local archival resources (including print, video, film, photography, web, oral history
interviews, etc.) to select the best and most captivating materials for historical exhibitions. Dr. Luca
will work with FIU graduate students in history to help him complete the archival digitization work.
The results can be permanently hosted on the City's website.
843
City Commission Meeting
FIU - Centennial Archival Digitization
June 11,2014
Page 2 of 3
Scope of Work
The City of Miami Beach's informal archive contains numerous items pertaining to its history. This
project will organize and make accessible a portion of that body of material. The core of the pro.lect
will be to digitize and catalog approximately 10,000 historical items. These will be uploaded
online in a user-friendly interface. They will be permanently hosted on a website. lncluded in the
process will be creating descriptive metadata, following the Library of Congress Thesaurus for
Graphic Materials (LOC-TGM) cataloging standards using the Metadata Object Description Schema
(MODS) record format, so that the uploaded materials can be searched by users. The searchable
digital archives can be made publicly available.
Drs. Luca and Lipartito will train and supervise FIU graduate students performing the digitizing work.
They will be using appropriate digitizing equipment, which will be purchased with project funds.
Derek Merleaux, a digital archive specialist, will provide expertise in website design, metadata
creation and uploading of archival materials. The cost of hosting (one year cost) is included within
the project budget. The City of Miami Beach will hold the agreement with the hosting service and
have the option of continuing the website at its own expense thereafter.
Deliverables
1. Research and selection of materials from City of Miami Beach Archive.
2. Digitizing of ,l0,000 items from City of Miami Beach Archive.
3. Cataloging and creation of metadata tags for digitized items.
4. Design of website.
5. Uploading of digitized materials.
Schedule
July l-August15,2014'. Lipartito, Luca and Merleaux survey archive and make preliminary decision
of areas to emphasize for digitization. Purchase of equipment, web hosting and selection and
training of graduate students commences.
August l6-Decembet 31, 2014: All equipment purchased and operational; graduate students
working under direction of Luca, Lipartito and Merleaux in scanning, cataloguing, proofing, and
uploading of materials.
January 1-March 31, 2015: Approximately half of all materials are scanned, prepared and uploaded
for view. Website is ready to go live by or before Miami Beach Centennial date.
April 1-July 31, 2015: Completion of digitization project and uploading.
August 1-August 31 : Final proofing of webpage.
Logisfics
Project timeline and deliverables are contingent on following conditions:
FIU having suitable space to conduct work on site where materials are located. Good internet
access is also required so that scanned materials can be immediately catalogued and uploaded to
hosting site. All scanning shall be complete on site, except in sorne exceptional instances where
large-format materials may require transportation to the Wolfsonian for the use of special scanning
equipment. Availability of materials shall be unrestricted to students during office hours so that they
can complete the work steadily and on time.
844
. City Commission Meeting
FIU - Centennial Archival Digitization
June 11,2011
Page 3 of 3
Budget for Archival Digitization
Principal lnvestigators/Project Supervision: $38,250
Computer Equipment, Scanners and Peripherals: $9,445
Archival Conservation Supplies: $5,600
Digital Prolect Consultant: $9,000
Student Workers:
1 PhD Student Stipend $19,769.82
2 MA Students Stipends $19,570Benefits $13,100.16 (33.3%)
Student Tuition: ($52,272) Provided by FIU
Web hosting: $8,000 (annually)
Other Expenses: $4,000
Indirect Costs (5%): 96,336.75Total $133,071.73
The City will also seek to get the public involved in our Centennial celebrations by inviting them to
share their photographic archives and personal collections to help us to tell us tell the story of our
City. Thousands of images exist in family albums, personal collections of the amateur photographers
and home moviemakers who have recorded the intimate lives of our community over many decades.
Behind every image is a story waiting to be told.
CONCLUSION
The Administration recommends adopting the attached resolution authorizing the City Manager to
enter into an agreement with Florida lnternational University in an amount not to exceed One
Hundred Thirty-Five Thousand Dollars ($135,000) to provide archival digitization and cataloging
services of historical documents and material for the City's Centennial Anniversary.
+:#fu-k"klk*tt0..",,
"s
As ree menr Mi h F r u M E Mo.doc
845
EXHIBlT "A'
INVENTORY OF MATERIAL IS THE CITY CLERK's ACHIEVES
AS OF APRTL 7, 2014
DESCRIPTlON MATERIAT CURRENTLY
AVAIIABLE IN DIGITAL
FORMAT
MATERIAL
NOT CURRENTTY
AVAITABLE IN DIGITAL
FORMAT
TOTAL
BOOKS 25 90 115
BROCHURES 27 250 277
DVDS/VHS TAPES 0 81 81
KARDVEYER CARDS 0 40,000 40,000
MAPS/MISCELtANEOUS 40 420 450
NEGATIVES 293 27,105 21,398
NEWSPAPER CLIPS 330 1,000 1,330
ORDINANCES 900 2,971 3,87L
PHOTOGRAPHS 2,000 7,750 9,750
RESOLUTIONS 8,000 20,608 28,608
SLIDES 72 3,377 3,389
VINTAGE POSTCARDS t43 138 28t
846
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE CIry
MANAGER TO ENTER INTO AN AGREEMENT WITH FLORIDA
INTERNATIONAL UNIVERSIry IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS ($135,000)TO
PROVIDE ARCHIVAL DIGITIZATION AND CATALOGING SERVICES
OF HISTORICAL DOCUMENTS AND MATERIAL FOR THE CIryS
CENTENNIAL AN NlVERSARY.
WHEREAS, the City of Miami Beach Centennial wlll occur on March 26, 2015; and
WHEREAS, the City Adminlstration has identified a need to document, digitize and
catalog all the historical documents and material in the City Clerk's Office; and
WHEREAS, the Wolfsonian Museum, (under the direction of Dr. Frank Luca and Derek
Merleaux, Digital Prolect Consultant) has submitted a proposal to digitize and catalog
approximately 10,000 historical materials from the City of Miami Beach Archives and upload
these materials online in a user-friendly interface; and
WHEREAS, these materials will form part of the core of visuals and artifacts that we will
draw upon for the history book and exhibits; and
WHEREAS, Florida lnternational University's (FlU) history and design team will also
explore all local archival resources (including prlnt, video, film, photography, web, oral history
interviews, etc.) to select the best and most captivating materials for historical exhibitions. Dr.
Luca will work with FIU graduate students in history to help him complete the archival
digitization work; and
WHEREAS, the results can be permanently hosted on the City's website.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the City
Manager to enter into an agreement with Florida lnternational University in an amount not to
exceed One Hundred Thirty-Five Thousand Dollars ($135,000) to provide archival digitization
and cataloging services of historical documents and material for the City's Centennial
Anniversary.
PASSED and ADOPTED this 11th day of June, 2014.
ATTEST:
PHILIP LEVINE
MAYOR
RAFAEL GRANADO
CITY CLERK
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& FOR EXECUTION
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847
COMMISSION ITEM SUIVMARY
Condensed Title:
A Resolulion Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Adopting ln Substantial Form A Title
Vl Program Plan For The Provision Of Citywide Transit Services, Authorizing The City Administration To Finalize The
Program Plan; Provided, However, That Should Any Material Provisions Change, Requiring That The Program Plan Come
Back To The Citv Commission.
Key lntended Outcome Supported: Commission a Comprehensive Mobility Plan Which Gives Priority
Recommendations (From Non-Vehicular To Vehicular And
Advisorv Board Recommendation:
, ,',,r.
Financial lnformation:
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
The Administration has developed a citywide Title Vl Program Plan for its transit circulator services. This Program Plan will
allow the City to satisfactorily comply with federal requirements as determined by Title Vl of the Civil Rights Act of 1964,
which stipulates that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Below is a brief description of the major components of the Title Vl Program Plan.
. City Policy: through this Program Plan, the City commits to a policy of non-discrimination in the conduct of its
transit services where no person will be excluded from participation in or denied benefits of its service on lhe
basis of race, color or national origin in accordance with the Civil Rights Act of 1964. ln addition, the proposed
Program identifies a Title Vl Coordinator for the City to assist individuals with questions regarding the City's
policy and complaint procedure.
o Public Notice: through this Program Plan, the City commits to provide a Title Vl notice within the City's
premises on an area open to the general public as well as on its website.. Complaint Procedure and Form: through this Program Plan, the City commits to provide a Title Vl complaint
form as well as written procedures to file the form, and make them available to the general public by posting
them on its website and by person at the Transportation Department's office.. List of Investigations: Procedure for the logging of investigations, complaints, and lawsuits is included in the
proposed Program Plan.. Notice to Contractor: the contractor operating the transit system is required to acknowledge receipt of the
Program Plan and to ensure that no passenger is discriminated against.. Limited English Proficiency (LEP) Analysis: ln order to provide meaningful access to its transit programs and
activities, the City performed an LEP analysis. This analysis determined that there is a significant percentage of
Spanish-speaking population in the City. Currently most of the drivers and personnel providing the City's transit
service speak both English and Spanish and are therefore able to communicate with passengers as needed,
although all passengers are provided service regardless of the language. ln addition, the information on the City's
website can be easily translated to Spanish by clicking on the translatorand all complaintforms are available on-line
in both English and Spanish. Additional information can be provided in Spanish upon request, and a telephone
number and point of contact for the City is provided in the Program Plan.. Public Participation Plan: through this Program, a public participation plan that is tailored to the City's
demographic characteristics is provided to effectively engage the general public, consequently avoiding the
exclusion of persons from the planning and implementation process of the transit services provided.. Service Standards: this Program Plan includes information about route headways, hours of operation, and
performance standards.o Service Policies: this Program Plan includes a description of amenities provided as part of the City's transit service,
including, but not limited to, air conditioning, bicycle racks, ADA lifts and bus benches at many stops.
A Title Vl Program Plan for transit services would be advantageous to the City as it will help to not only manage complaints
efficiently by having set procedures, information, and points of contact, but also to proactively discourage discrimination on
the basis of race, color, or national origin by adequately educating and involving the community in the planning process and
implementation of its transit system. ln addition, having this Program Plan in place provides a mechanism to comply with
federal requirements should the City wish to apply for federal grants to fund its transit services in the future.
THE ADMINISTMTION RECOMMENDS APPROVAL OF THE RESOLUTION.
n-Offs:
Department Director Assistant CitsManager City lilanager
Lne)ilE RcB 4lb JLM^
DA une\TITLE Vl Program Plan Adoption SUM.doc
AGEHoA 'r.ll RlG.(B MIAMIBEACH BATE848
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City ot Miomi Beoch, I 700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of City Co tsston
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
MIAMI BEACH, FLORIDA, ADOPTING, IN SUBSTANTIAL FORM, A TITLE VI
PROGRAM PLAN FOR THE PROVISION OF CITYWIDE TRANSIT SERVICES,
AUTHORIZING THE CITY ADMINISTRATION TO FINALIZE THE PROGRAM
PLAN; PROVIDED, HOWEVER, THAT SHOULD ANY MATERIAL PROVISIONS
CHANGE, REQUIRING THAT THE PROGRAM PLAN COME BACK TO THE
GITY GOMMISSION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
At the April 30,2014 City Commission meeting, the Commission approved the award of lnvitation to
Bid (lTB) No. 2014-154-SR for North Beach Turnkey Trolley Operations and Maintenance Services
to Limousines of South Florida (LSF). The services procured are all inclusive transportation
services, meaning that the selected contractor will provide all necessary vehicles, equipment,
personnel, fuel, licenses and insurances necessary to operate and maintain the service.
At the May 21 , 2014 City Commission meeting, the Commission approved an lntedocal Agreement
with Miami-Dade County for provision of municipal circulator services in the City. Some of the
provisions in this agreement include satisfactory compliance with federal requirements as
determined by the Federal Transit Administration (FTA), including the Title Vl of the Civil Rights Act
of 1964. Title Vl stipulates that no person shall, on the grounds of race, color, or national origin, be
excluded from paftcipation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
FTA requires that all direct and primary recipients document their compliance with U.S. Department
of Transpo(ation Title Vl regulations by submitting a Title Vl Program Plan to their FTA regional civil
rights officer once every three years or as otherwise directed by FTA. For all recipients (including
sub recipients), the Title Vl Program Plan must be approved by the recipient's Board of Directors or
appropriate governing entity or officials responsible for policy decisions prior to submission to FTA.
The City is currently having discussions with Miami-Dade County and FTA regarding whether or not
federal transit requirements are applicable to the City of Miami Beach as a result of the City's
purchase of two (2) mini-buses in 2010 through the American Recovery and Reinvestment Act
(ARRA) of 2009. The two buses are currently operated by Miami-Dade Transit (MDT) as part of its
bus service within Miami Beach. Although FTA has not made a determination on the federalization
issue at this time, in an abundance of caution and in an effort to expedite the implementation of the
North Beach Trolley service, the Administration has prepared a citywide Title Vl Program Plan for
the City's transit services.
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Commission Memorandum - Title Vl Program Plan
June 11th,2014
Page 2 of 3
ANALYSIS
Below is a brief description of the major components of the Title Vl Program Plan developed by the
Administration.
. City Policy: through this Program Plan, the City commits to a policy of non-discrimination
in the conduct of its transit servlces where no person will be excluded from participation
in or denied benefits of its service on the basis of race, color or national origin in
accordance with the Civil Rights Act of 1964. ln addition, the proposed Program identifies
a Title Vl Coordinator for the City to assist individuals with questions regarding the City's
policy and complaint procedure.
. Public Notice: through this Program Plan, the City commits to provide a Title Vl notice
within the City's premises on an area open to the general public as well as on its website.r Complaint Procedure and Form: through this Program Plan, the City commits to
provide a Title Vl complaint form as well as written procedures to file the form, and make
them available to the general public by posting them on its website and by person at the
Transportation Department's office.r List of lnvestigations: Procedure for the logging of investigations, complaints, and
lawsuits is included in the proposed Program Plan.. Notice to Gontractor: the contractor operating the transit system is required to
acknowledge receipt of the Program Plan and to ensure that no passenger is
discriminated against.. Limited English Proficiency (LEP) Analysis: ln order to provide meaningful access to its
transit programs and activities, the City performed an LEP analysis. This analysis
determined that there is a significant percentage of Spanish-speaking population in the City.
Currently most of the drivers and personnel providing the City's transit service speak both
English and Spanish and are therefore able to communicate with passengers as needed,
although all passengers are provided service regardless of the language. ln addition, the
information on the City's website can be easily translated to Spanish by clicking on the
translator and all complaint forms are available on-line in both English and Spanish.
Additional information can be provided in Spanish upon request, and a telephone number
and point of contact for the City is provided in the Program Plan.. Public Participation Plan: through this Program, a public participation plan that is tailored
to the City's demographic characteristics is provided to effectively engage the general public,
consequently avoiding the exclusion of persons from the planning and implementation
process of the transit services provided.
. Service Standardsr this Program Plan includes information about route headways,
hours of operation, and performance standards.. Service Policies: this Program Plan includes a description of amenities provided as part of
the City's transit service, including, but not limited to, air conditioning, bicycle racks, ADA lifts
and bus benches at many stops.
ln an abundance of caution, the Administration has engaged the services of AECOM, a
transportation planning and engineering firm under the City's rotational contracts, to review this
Program Plan and ensure that it complies with all federal requirements. Once the Program Plan is
adopted by the City Commission, it will be submitted to Miami-Dade County for final approval by the
Board of County Commission.
RECOMMENDATION
A Title Vl Program Plan for transit services would be advantageous to the City as it will help to not
only manage complaints efficiently by having set procedures, informalion, and points of contact, but
also to proactively discourage discrimination on the basis of race, color, or national origin by
adequately educating and involving the community in the planning process and implementation of its
transit system. ln addition, having this Program Plan in place provides a mechanism to complywith
850
Commission Memorandum - Title Vl Program Plan
June 11th,2014
Page 3 of 3
federal requirements should the City wish to apply for federal grants to fund its transit services in the
future.
The Administration recommends approving a resolution adopting in substantial form a Title Vl
Program Plan for the provision of citywide transit services, authorizing the City Administration to
finalize the Program PIan; provided, however, that should any material provlsions change, requiring
that the Program Plan come back to the City Commission.
Attachment: City of Miami Beach Title Vl Program Plan
,ftr ,*Jft
xEet.Jncl.Jrc
T:\AGENDA\201 4\June\TITLE Vl Program Plan Adoption MEMO.doc
851
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAM] BEACH, FLORIDA, ADOPTING, IN SUBSTANTIAL FORM, A TITLE VI
PROGRAM PLAN FOR THE PROVISION OF CITYWIDE TRANSIT SERVICES,
AUTHORIZING THE CITY ADMINISTRATION TO FINALIZE THE PROGRAM
PLAN; PROVIDED, HOWEVER, THAT SHOULD ANY MATERIAL
PROVISIONS CHANGE, REQUIRING THAT THE PROGRAM PLAN COME
BACK TO THE CIry COMMISSION.
WHEREAS, the City of Miami Beach currently operates a municipal transit service
better known as "Alton-West Trolley" and wishes to provide additional transit services in other
areas of the City; and
WHEREAS, at the May 21 , 2014 City Commission meeting, the Commission approved
an lnterlocal Agreement with Miami-Dade County for provision of Municipal Circulator
Services; and
WHEREAS, provisions in the lnterlocal Agreement require that the City comply with
federal requirements for transit services including the Title Vl of the Civil Rights Act of 1964; and
WHEREAS, Title Vl stipulates that no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or actlvity receiving federal financial assistance; and
WHEREAS, the City does not currently receive federal financial assistance to fund its
transit service; however, in an abundance of caution, the City wishes to implement a Title Vl
Program to discourage discrimination under its transit services; and
WHEREAS, a Title VI Program Plan must be approved by the recipient's Board of
Directors or appropriate governing entity or officials responsible for policy decisions prior to
submission to FTA by Miami-Dade County; and
WHEREAS, a Title Vl Program Plan for transit services would be advantageous to the
City as it will help to not only manage complaints efficiently by having set procedures,
information, and points of contact, but also to proactively discourage discrimination on the basis
of race, color, or national origin by adequately educating and involving the community in the
planning process and implementation of its transit system; and
WHEREAS, the proposed Title Vl Program Plan is attached hereto in substantial form
and made part of this Resolution.
852
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
adopt in substantial form, a Title Vl Program Plan for the provision of citywide transit services,
authorizing the City Administration to finalize the Program Plan; provided, however, that should
any material provisions change, requiring that the Program Plan come back to the City
Commission.
PASSED AND ADOPTED this 1'lrh day of June, 2014.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
PHILIP LEVINE,
MAYOR
APPROVEDASTO
FORM & I3NGUAGE
TFOREXECUTION
5 (30\14--fita-cityettomeflrr
T:\AGENDAU0I4Uune\TITLE VI Progmrn Plan Adoption MEMO.doc
853
€ &AIAAAImmACH
TITLE VI PROGRAM PLAN
For Municipal Circulator Transit Services
Prepared by:
City of Miami Beoch Tronsportotion Deportment
1"700 Convention Center Drive,4th Floor
Miami Beoch, FL 33L39
Adopted 2014
854
MIAMIBIACH
Table of Contents
I. TROLLEY SERVICE OVERVIEW .......... 1
il. THE CtTy'S po1tcy........... ................. 1
ilr. T|TLE Vr NOTTCE TO THE pUBLtC ........................2
IV. TITLE VI COMPLIANT PROCEDURE AND COMPLIANT FORM ......................... 2
V. WEBSITE LOCATION OF NOTICE, PROCEDURE AND FORM ........................... 2
vl. LlsT oF TNVEST|GATtONS, COMpLATNTS AND LAWSUrTS..... .........................3
VII. NOTICE OF CONTRACTOR TO TROLLEY SYSTEM ...,.....,.....,....., 3
vilr. LANGUAGE ASSTSTANCE PLAN AND LtM|TED ENGLTSH PROFTCTENCY (LEp) ANALYS|S ....... 3
rx. PUBLTC PARTTC|PAT|ON PLAN ............................6
x. SERVICE STANDARDS ................... 6
A. Vehicle Load .............. ............... 6
B. Service Availability, Vehicle Headway and On-Time Performance. ........... 6
xt. sERVrcE poltctEs........ .................7
A. Transit Amenities .....................7
B. Vehicle Assignment... ...............7
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g AAIAMIBTACH
I. TRANSIT SERVICE OVERVIEW
The City of Miami Beach has established a municipal circulator transit service in an effort to
improve mobility throughout the City. This service is intended to promote transit use, walking
and cycling, while reducing dependency on the current primary mode of transportation
nationwide, "the vehicle". The City makes use of popular vehicles better known as "Trolleys" to
provide a service oriented experience that is reliable and different from the conventional
transit bus. These vehicles are branded and stocked with amenities that make them a
convenient option, include a mobile application to track the vehicles on real time, and an
automated voice information system for those users of conventional phones with no access to
the mobile app.
By providing a reliable transportation alternative, the City is promoting traffic decongestion,
more accessibility to parking and encouraging pedestrian activity throughout the community.
II. THE CITY'S POLICY
The City of Miami Beach is committed to a policy of non-discrimination in the conduct of its
transit services. lt is the City's policy that no person be excluded from participation in, or denied
benefits of the City's trolley service on the basis of race, color or national origin in accordance
with Title Vl of the civil Rights Act of 1964 ("Title Vl").
The City of Miami Beach can provide information to individuals who have questions about the
City's policy or who wish to file a complaint under the City's Title Vl Complalnt Procedure.
lnformation may be requested at/from:
Title Vl Coordinator: Julian Guevara, E.l.
1700 Convention Center Drive 4th Floor
Miami Beach, FL 33139
Phone: 305-673-7080
Fax: 305-416-2153
Email:trollev@miamibeachfl.eov
mmT;:i, Iwt*{&!i&*{#4i*<scstFtt!:liElls{ l
856
g MIAMIBEACH
III. TITLE VI NOTICE TO THE PUBLIC
The City has adopted Non-Discrimination Policy and "Notice of Rights under Title Vl of the Civil
Rights Act of 7964" in connection with its transit service. The policy and notice are posted on
the City's website. Both the policy and notice contain the telephone number for an individual to
contact in the event that he/she needs information in another language. A copy of the policy is
attached as Appendix B and a copy ofthe notice is attached as Appendix C.
ln addition to the website, the notice will be posted inside the transit system's vehicles. An
individual may also request the copy of the notice from the City of Miami Beach representative
at 305-573-7080 or email : trollev@miamibeachfl.sov
IV. TITLE VICOMPLIANT PROCEDURE AND COMPLIANT FORM
lf an individual believes that he or she has been discriminated against on the basis of race, color
or national origin in connection with the City's transit service, the individual may file a
complaint by completing and submitting a Title Vl Complaint Form to the City of Miami Beach.
Any compliant will be handled in accordance to City's Title Vl Compliant Procedure.
Both the Compliant Procedure and Compliant Form are published in English. The Compliant
Procedure also contains phone number for an individual to contact in the event that he/she
needs the information In another language. A copy of Compliant Procedure is attached as
Appendix D and a copy of Compliant Form is attached as Appendix E.
The Compliant Procedure and Compliant Form are available on the City's website and upon
request from the Miami Beach Trolley representatives at 305-673-7080. The Compliant form
can be printed and submitted via fax, mail or in person to the Miami Beach Trolley at 1700
Convention Center Drive 4th Floor, Miami Beach, FL 33139.
V. WEBSITE LOCATION OF NOTICE, PROCEDURE AND FORM
An individual may locate information about the City's Compliant Procedure and Compliant
Form for the transit service on the City's website: http://miamibeachfl.gov/transportation/
The information on City's website is available in English, Spanish as well as any other language
that is part of Google Translate tool. To choose desired language, click on google icon located
on bottom left corner ofthe web page.
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g MIAMI BEACH
VI. LIST OF INVESTIGATIONS, COMPLAINTS AND LAWSUlTS
The City maintains a log of transportation-related Title Vl investigations, complaints and
lawsuits. A copy of the log is attached as Appendix F. The City's Attorney's Office shall be
responsible for investigating and completing the log for any complaints received by the Title Vl
Coordinator and for any future formal administrative charges or lawsuits under Title Vl.
VII. NOTICE OF CONTRACTOR TO TROLLEY SYSTEM
The City has an agreement with a contractor for the full turnkey operation and maintenance of
its transit service. The contractor employs the drivers, dispatchers and one supervisor. The
contractor is responsible for management of conduct and performance of its employees. The
City's Transportation Operations Supervisor oversees the overall transit system operations and
serves as a liaison between the City and the contractor. The contractor cleans the vehicles and
performs preventive maintenance and service tasks for the vehicles as well as complex
maintenance, paint and body work.
Pursuant to the Operations Agreement, the contractor and its employees are required to
comply with the City's policies regarding conduct, including policies prohibiting discrimination.
Within thirty (30) days of the adoption of this program, the City will provide the contractor with
a copy of the city's "Notice of Rights Under Title vt of the civil Rights Act of 1964", which is
posted in the trolleys operated by contractors employees and with copies of the Title Vl
Compliant Procedure and Title Vl Compliant Form. Within thirty (30) days of the adoption of
this program, the City will:
. Request that the contractor acknowledge its obligation and the obligation of its
employees to comply with the City's policy prohibiting discrimination on the basis of
race, color or national origin in connection with the transit service;
. Request that contractor instructs its employees (i.e., the drivers, dispatchers and one
supervisor) to refer any trolley passenger who makes a compliant about race, color or
national origin discrimination to the City's "Notice of Rights Under Title Vl of the Civil
Rights Act of 7964" published in English, which is posted in each trolley.
vilr. LANGUAGE ASSTSTANCE PLAN AND LTMTTED ENGLISH PROFICIENCY (LEp)
ANATYSIS
ln order to ensure meaningful access to programs and activities, City of Miami Beach Transit
uses the information obtained in a Four Factor Analysis to determine the specific language
858
b MIAMI BEACH
services that are appropriate. This analysis helps the City of Miami Beach determine if it
communicates effectively with LEP customers and informs language access planning.
The Four Factor Analysis is local assessment that considers:
The number or proportion of LEP persons eligible to be served or likely to be
encountered by the City of Miami Beach transit service
The frequency with which LEP persons come into contact with the City of Miami Beach
transit service
3. The nature and importance of City of Miami Beach transit services in people's lives; and
4. The resources available to City of Miami Beach transit for LEP outreach, as well as cost
associated with that outreach.
Factor I - Number of LEP Persons in Service Region: The first step in determining the
appropriate components of a Language Assistance Plan is understanding the proportion of LEP
persons who may encounter City of Miami Beach transit service, their literacy skills in English
and their native language, the location of their community and neighborhoods and more
importantly, if any are underserved as a result of language barrier.
The City of Miami Beach is located in Miami-Dade County, Florida. According to 2008-2012
American Community Survey (conducted by the U.S. Census Bureau), the City's estimated
population was 88,628 residents of which 52.3% of people self-identified as Hispanic or Latino.
The principal languages among the City's residents are English and Spanish. According to the
2008-2012 American Community Survey, 32.3% of City residents reported speaking only
English, while 54.4% reported speaking Spanish. The majority of the City's Spanish speaking
residents are bilingual with 29.8% of Spanish speaking residents reported speaking English less
than very well. Of the remaining City residents, 10% reported speaking other lndo-European
language (other than Spanish), 1.6% reported speaking Asian or Pacific lsland language and
1-.7Yo reporled "other language". Copies of the survey results referenced in this section are
attached in Appendix G.
The City's website is published in English and it may be translated to Spanish or any other
language part of Google Translate tool by clicking Google Select Language icon on the bottom
left corner of the page. Relevant to the trolley service, the website contains Title Vl Compliant
Procedure and Title Vl Compliant Form.
The City's communication methods with residents whether about the transit service or other
issues are the City's website, Miami Beach TV, Miami Beach Radio, Miami Beach Magazine and
press releases.
1.
2.
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g MIAMIBTACH
Factor 2 - Frequency of IEP Use: LEP passengers within the City, under this analysis identifled
as Spanish speakers make constant use of the City's transit service. ln an effort to promote the
use of the service by LEP passengers, the transit service will make the following information
readily available in both English and Spanish:
o General Service lnformation
. Customer service Contact lnformation
r Printed outreach materials
r Web-based materials
o Public Meeting Notices
r Service related posters
It is important to note that most of the Miami Beach transit service personnel (dispatch, drivers
and customer service representatives are bilingual).
Factor 3 - The lmportance of City of Miami Beach transit Service to People's Lives: Access to
the transit services provided by City of Miami Beach is critical to many people in the area. Many
residents depend on these services to fulfil their basic transportation needs.
Factor 4 - Resources for IEP Outreach: The City of Miami Beach is committed to providing
resources to improve access to its transit services for LEP persons. Bilingual information
(English/Spanish) is/will be distributed in several different manners including:
r Bilingual English/Spanish website
o Bilingual English/Spanish materials (brochures)
o Bilingual English/Spanish at meetings
r Bilingual English/Spanish customer service staff
r Bilingual English/Spanish on-board signage
r BilingualEnglish/Spanishdrivers
o Bilingual English/Spanish dispatchers
ffiii:Ii
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g MIAMIBEACH
IX. PUBLIC PARTICIPATION PLAN
The City's seeks to engage the public in the planning and decision-making process of its transit
system. The initial planning as well as future modifications or changes to the route alignment,
hours of operation, fare increases and similar are subject to public participation. ln addition to
publicly advertised meeting in the newspapers during the routes initial planning stage, the
following tools are available by the City to engage the public when adjustments are made to the
routes:
r Transportation website http://miamibeachfl.gov/transportation/
o Flyers that are sent to residents through Community and Economic Development
Departments
r Posters in the City Hall
o Commission committee d iscussions
o Commission discussions including public
general public so that general public can
regarding trolley service)
o Materials inside vehicles (alerts, detours, route maps, etc.)
Additionally, the City's transit system's drivers are receiving appropriate training for
ambassador style customer service.
X. SERVICE STANDARDS
A. Vehicle Load
The average load for the City of Miami Beach transit system's vehicles is anticipated to be
12 passengers. Maximum seated capacity of the trolleys is 22 passengers, thus load factor
for the City's transit system's vehicles is 0.54. All of these vehicles are wheelchair accessible
and have secure space for (2) wheelchairs.
B. Service Availability, Vehicle Headway and On-Time Performance
Currently, the City's transit service has one (1) route; however the City is expecting to
expand the system in the nearfuture to include other routes. The existing route is 5.5 miles
of fixed circulator service within the City. A copy of the trolley route is attached as Appendix
A. The trolley route is posted on City's website and on the trolleys visible to passengers.
Brochures with the trolley route will be available to passengers on all trolleys. Because of
the nature of the route (i.e., local circulator), there are no scheduled route stop times. All
vehicles used in the City's transit service operate 16 hours per day (8:00 am to 12:00 am), 7
hearing (agendas are posted in advance for
state their opinions and provide their input
861
b MIAMIBIACH
days per week, 365 days per year. Average vehicle headway is expected to be 10 minutes
(peak and non-peak hours). 95o/o on time performance is anticipated for the Coty of Miami
Beach Trolley (no more than 5 minutes late at any stop location). The transit system stops
are not more than three (3) blocks apart.
xt. sERVlcE PoltctEs
A. Transit Amenities
All vehicles are equipped with the following:
Air conditioning interior
Bench seating
Wheelchair accessible seating and entrance ramps
Non-skid surfaces at entrance and exit areas
Bicycle rack (for up to two bicycles)
Wi-Fi
The City provides a sign at each transit stop advising of
ope ratio n.
B. Vehicle Assignment
the service's days and hours of
Sufficient quantity of vehicles are provided
minute headway between vehicles.
on each route of the system as to maintain a 10
862
APPENDIX A
863
F gure l: Proposed North Beach l.rolley Route
STEL.A M ARIS
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NON.DISCRIM INATION POLICY
The City of Miami Beach is committed to ensuring that no person is excluded from
participation in, or denied benefits of, its transit services on the basis of race, color, or
national origin in accordance with Title Vl of the Civil Rights Act of 1964. Any person
who believes he or she has been subjected to discrimination under Title Vl may file a
written complaint with the City of Miami Beach.
To file a complaint, please complete the City of Miami Beach Title Vl Complaint Form,
and mail it to the City at:
The City of Miami Beach Transit Services
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
Download the City of Miami Beach Title VI Gomplaint Form Here:
m iam i beachf l. qovi ou bl icworks/transpo rtation/
Download the City of Miami Beach Title Vl Procedures Here:
m ia m i be a chf l. q ov/p u b I icwo rks/t ra n s po rtat io ni
An individual may also file a complaint directly with the Federal Transit Administration
by filing a written complaint with the Office of Civil Rights at:
The Office of Civil Rights
Attention: Title Vl Program Coordinator
East Building, Sth FloorTCR
1200 NewJerseyAve. SE
Washington DC 20590
lf information is needed in another language please contact 305-673-7080.
Si desea informaci6n en espafrol, puede llamar al 305-673-7080.
866
IxozlrJo-o-867
4 MIAMIBTACH
ATTENTION : ALL TRANSIT PASSENGERS
NOTICE OF RIGHTS UNDER TITTE VI OF THE CIVIT RIGHTS ACT OF 1964
The City of Miami Beach is committed to ensuring that no person is excluded from
participation in, or denied benefits the City's transit service on the basis of race, color or
national origin in accordance with Title Vl of the Civil Rights Act of 1964. Any person
who believes he or she has been subject to discrimination under Title Vl may file a
written compliant with the City of Miami Beach.
For more information on the procedure to file a complaint, contact 305-673-7080 or visit
City's website: miamibeachfl.qov/publicworks/transpoftation/
An individual may also file a complaint directly with the Federal Transit Administration
by filing a written complaint with the Office of Civil Rights at:
The Office of Civil Rights
Attention: Title Vl Program Coordinator
East Building, 5th Floor TCR
1200 NewJerseyAve. SE
Washington DC 20590
lf information is needed in another language please contact 305-673-7080.
Si desea informaci6n en espafrol, puede llamar al 305-673-7080.
868
axozEIo-o-869
g AAIAMIBTACH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 COMPLIANT PROCEDURE
FOR MIAMI BEACH TRANSIT SERVICES
Any person who believes he or she has been discriminated against on the basis of race, color or
national origin by the City of Miami Beach transit syslem may file a Title Vl complaint by
completing and submitting the City's Title Vl Complaint Form.
The form is available on the City's website at miamibeachfl.qov/publicworks/transportation/.
Completed forms must be submitted to:
The City of Miami Beach
Transportation Department
'1700 Convention Center Drive, 4th Floor, Miami Beach, FL 33139
The City investigates complaints received within ten (10) days from the date of the alleged
incident. The City will only investigate complaints that are completed in full (no fields shall be left
blank on form). The City will endeavor to complete the investigation within thirty (30) days of its
receipt of the complaint; however, a longer period may be necessary based on the
circumstances of the alleged incidenl.
The City will conduct a prompt investigation when a complaint indicates a possible violation of
Title Vl. The investigation may include interviews with the complainant and witnesses and a
review of the records or documents relevant to the complaint (these may include video footage,
emails, text messages, etc...). lf the investigation determines that a Title Vl violation occurred,
the City will take prompt corrective action to address the issue.
lf more information is needed to investigate the complaint, the City may contact the
complainant, who will have seven (7) days to submit the additional requested information. lf the
complainant does not submit the information, the City may close the case. The City may also
close the case if the complainant no longer wishes to pursue the complaint.
After completion of the investigation, the City will issue a written notice to the complainant
concerning the investigation's results and the corrective action taken, if applicable. lf the
complainant wishes to appeal the investigation's determination, she or he has ten (10) days
from the date of the written notice to do so.
A person may also file a complaint directly with the Federal Transit Administration within 180
days of the alleged incident. The complaint must be filed with the Office of Civil Rights at:
The Office of Civil Rights
Attention: Title Vl Program Coordinator
East Building, Sth FloorTCR
1200 New JerseyAve. SE
Washington DC, 20590
870
lf information is needed in another language, please contact 305.673.7080.
Si desea informacion en espafrol, puede llamar al 305.673.7080.
Pou resevwa enfdmasyon sa a an kreydl silvouple rele 305.673.7080.
871
t!xozlr,lo.o-872
@ AAIAMIBTACH
CITY OF MIAMI
TITLE VI
BEACH TRANSIT SERVIGES
COMPLAINT FORM
Complainant (s) Name:
Nombre (s) de (l os) Reclamante( s) :
Complainant (s) Address:
Dieccion(es) de(los) Reclamante(s) :
Complainant (s) Phone Number:
N0mero(s) de tel1fono de(los) Reclamante(s):
Complainant's Representative's Name, Address, Phone Number and Relationship (e.9. friend, attorney, parent, etc.);
Nombre del representante del Reclamante, direcci6n, tel6fono y relaci6n (por ejemplo amigo, abogado, padre, etc.):
Name and Address of Agency, lnstitution, or Department Whom You Allege Discriminated Against You:
Nombre y direccion de la agencia, instituci1n o departamento que usted alega discrimin6 en su contra:
Names of the lndividual (s) Whom You AIlege Discriminated Against You (lf Known):
Nombre(s) cle(los) individuo(s) que usted alega discriminaron en su contra (si Io sabe):
I believe the discrimination I
experienced was based on
(check all that apply):
Creo que la discriminaci6nque
yo experiment€ fue basada en
(marque fodos /os que apliquen):
tr
tr
Race (Raza)
Color (Colo)
National Origin (Origen Nacional)tr
Date of Alleged Discrimination:
Fecha de la supuesta discrimination:
Page 1of 2873
E MIAMIBEACH
CITY OF MIAMI BEAGH TROLLEY
TITLE VI GOMPLAINT FORM
Mail to: Envle por correo a: City of Miami Beach Trolley, 1700 Convention Center, 4th Floor, Miami Beach, FL 33'l39. This form
may also be faxed to'. Este formularo tambi+n se puede enviar por fax a: 305416-2153. City of Miami Trolley has 180 days from receipt
of form to complete investigation and issue findings- Ciudad de Miami Beach Trolley tiene 180 dias desde que recive la forma para
completar la investigaci6n y comunicar los resulatdos.
Complainant (s) Name:
Nombre(s) de (los) Re cla mante (s) :
Complainant (s) Address:
.Direcci6n(es) de(los) Reclamante(s):
Complainant (s) Phone Number:
N0mero(s) de tel6fono de(los) Reclamante(s):
Complainant's Representative's Name, Address, Phone Number and Relationship (e.g. friend, aftorney, parent, etc.);
Nombre del representante del Reclamanle, direcci5n, telefono y relaci6n (por ejemplo amigo, abogado, padre, etc.):
Name and Address of Agency, lnstitution, or Department Whom You Allege Discriminated Against You:
Nombre y direcci6n de la agencia, instituci6n o departamento que usted alega discrimind en su contra:
Names of the lndividual (s) Whom You Allege Discriminated Against You (lf Known):
Nombre(s) de(los) individuo(s) que usted alega discriminaron en su contra (si lo sabe):
I believe the discrimination
experienced was based on
Date of Alleged Discrimination:
Race (Raza)
Page 2 of 2874
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FactFinder tJ.--\
801003 TOTAL POPULATION
Universe: Total population
2008-2012 American Community Survey S-Year Estimates
Supporting documentation on code lists, subject definitions, data accuracy, and statistical testing can be found on the American Community Survey
website in the Data and Documentation lection.
Sample size and data quality measures (including coverage rates, allocation rates, and response rales) can be found on the American Community
Survey website in lhe Nilethodology section.
Although the American Community Survey (ACS) produces population, demographic and housing unil estimates, it is lhe Census Bureau's Population
Estimates Program that produces and disseminates the official estimates of the population for the nation, stales, counlies, cities and towns and
estimates of housing units for states and counties.
Florida Miami Beach dity, Florida
Estimate ...Margin of Enor Estimaie Margin of Error
fotal '18,885,152 88,628 +l-40
Data are based on a sample and are subject to sampling variability. The degree of uncertainty for an estimate arising from sampling variability is
represented through the use of a margin oi error. The value shown here is the 90 percent margin of error. The margin of error can be interpreted
roughly as providing a 90 percent probability that the interval deflned by the estimate minus the margin of error and the estimate plus the margin of
error (the lower and upper conlidence bounds) contains the true value. ln addition to sampling variability, the ACS estimates are subject to
nonsampling error (for a discussion of nonsampling variability, see Accuracy of the Data). The effect of nonsampling error is not represented in these
tables.
While the 2008-2012 American Community Survey (ACS) data generally reflect the December 2009 Office of Management and Budget (OMB)
deflnitions of metropolitan and nicropolitan statistical areas; in certain instances the names, codes, and boundaries of the principal cities shown jn
ACS tables may differ from the OMB deflnitions due to differences in the effective dates of the geographic entities.
Estimates of urban and rural population, housing units, and characteristics reflect boundaries ol urban areas defined based on Census 2000 data.
Boundaries for urban areas have not been updated since Census 2000. As a resull, data for urban and rural areas from the ACS do nol necessarily
reflect the results of ongoing urbanization.
Source: U.S. Census Bureau, 2008-2012 American Community Survey
Explanation of Symbols:
'l . An '**' entry in lhe margin of error column indicates that either no sample observations or too few sample observations were available to
compute a standard error and thus the margin of error. A statistical lest is not appropriate.
2. An '-' entry in the estimate column indicates that either no sample observations or too few sample observalions were available to compute an
estimate, or a ratio of medians cannot be calculated because one or both of the median estimates falls in the lowest interval or upper interval of an
open-ended distribution.
3. An '-'following a median estimate neans the median falls in the lowest interval of an open-ended distribution.
4. An '+' following a median estimate means the median falls in the upper inlerval of an open-ended distribution.
entry in the margin of error column indicates that the median falls in the lowest interval or upper interval of an open-ended distribution. A
statistical test is not appropriate.
6. An '*****' entry in the margin of error column indioates that the estimate is controlled. A statistical test for sampling variability is not appropriate.
7. An 'N' entry in the estimate and margin of error columns indicates that data for this geographic area cannot be displayed because the number of
sample cases is too small.
8. An '(X)' means that the estimate is not applicable or not available.
1of 1 oslo2t2a14
878
.{ }l l" ii I (:.{. x
FactFinder t)--\
HISPANIC OR LATINO ORIGIN BY RACE
Universe: Tolal population
20O8-2O12 American Community Survey S-Year Estimates
Supporting documentalion on code lists, subject definitions, data accuracy, and statistical testing can be found on the American Community Survey
website in the Data and Documentation section.
Sample size and data quality measures (including coverage rates, allocation rates, and response rates) can be found on the American Community
Survey website in the Methodology section.
Although the American Community Survey (ACS) produces populalion, demographic and housing unit estimates, it is the Census Bureau's Population
Estimates Program that produces and disseminales the official estimates of the population for the nation, states, counties, cities and towns and
estimates of housing units for states and counties.
Florida Miami Beach city, Florida
Eslimate Margin of Error ' Estimate Marqin of Error
fotal:18,885,152 88.628 +l-40
No1 Hispanic or Latino:::14,637.,725 +l-187 42,300 +t-1,430
White alone 10,917,268 +l-2,982 35,700 +l-'l,548
.. Black or African American alone 2,877 ,254 +l-5,o21 3,231 +/-1,096
American lndian and Alaska Native alone 40,363 +11 ,580 100 +l-174
Asian alone 456,391 +^3,319 1,683 +/-688
Native Hawaiian and Other Paciflc lslander alone 10,398 +l-784 211 +l-2O7
Some other race alone 49,148 +l-3,245 702 +/-350
Two or more races:286,903 +l-6,627 673 +l-242
Two races including Some other race 22,323 +l-1,590 158 +l-142
Two races excluding Some other race, and three or 264,580 +l-6,262 515 +l-2O4
Hispanic or Latino:4,247,427 46,328 +l-1,428
White alone 3,521 ,096 +l-12,387 +l-1,34'l
Black or African American alone , 128,?97 +1-5,068 1,085 ..:- +l_461
American lndian and Alaska Native alone 17 ,7 56 +l-2,301 +l-42
Asian alone ,.,8,196 +/-1,058 160 +/- 139
Native Hawaiian and Other Pacific lslander alone 1 ,177 +l-427 0 +l-32
Some other race alone 447 ,905 +l-11,097 11,486 +11,174
Two or more races:123.000 +l-4,973 998 +l-348
Two races including Some other race 64,360 r13,550 706 .r.1303
Two races excluding Some other race, and three or
nore races
58.640 +/-3,'131 292 +/-158
Data are based on a sample and are subject to sampling variability. The degree of uncertainty for an estimate arising from sampling variability is
represented through the use of a margin of error. The value shown here is the 90 percent margin of error. The margin of error can be interpreted
roughly as providing a 90 percent probability that the interval defined by the estimate minus the margin of error and lhe estimate plus the margin of
error (the lower and upper conlidence bounds) contains the lrue value. ln addition to sampling variability, the ACS estimates are subject to
nonsampling error (for a discussion of nonsampling variabilily, see Accuracy of the Dak). The etfect of nonsampling error is not represented in these
tables.
While the 2008-2012 Arnedcan Community Survey (ACS) data generally reflect the December 2009 Office of Management and Budget (OMB)
definilions of metropolitan and micropolitan statistical areas; in certain instances the names, codes, and boundades of the principal cities shown in
ACS tables may differ frorn lhe OMB deflnitions due to differences in the effective dates of the geographic entities.
Estimates of urban and rural population, housing units, and characteristics reflect boundaries of urban areas dellned based on Census 2000 data.
Boundaries for urban areas have not been updated since Census 2000. As a result, data for urban and rural areas from the
803002
1 otz osto2t20't4
879
.\1{t;Rta:AN {-\,FactFinder Ll\
DPO2 SELECTED SOCIAL CHARACTERISTICS IN THE UNITED STATES
2008-2012 American Community Survey 5-Year Estimates
Supporting documentation on 6ode lists, subject definitions, data accuracy, and statistical testing can be found on the American Community Survey
website in the Data and Documentation section.
Sample size and data quality measures (including coverage rates, allocation rates, and response rates) can be found on the American Community
Survey website in the Methodology section.
Although the American Community Survey (ACS) produces population, demographic and housing unit estimates, it is the Census Bureau's Population
Estimates Program that produces and disseminales the official estimates of the population for the nation, stales, counties, cities and towns and
estimates of housing units for states and counties.
Subiect Florida Miami Beach cily,
Florida
Estimate Margin of Er(gr Percent Percent Margin of
Error
Estimate
IOUSEHOLDS BY TYPE
Total households 7,147,013 +l-25,266 7,147,013 (x)43,'l 15
Family households (families)4,631,405 +l-22.598 64.Ao/o +l-O 1 17,977
With own children under '18 years ,, 1 ,841,841 +/-16,054 25.8v"it-0.1 7,19s
Married-couple family 3,381,657 +l-23.240 47.3%+l-o.2 't2,107
With own children under 18 years 1,184,810 r115,990 16.6%+l-o.2 4,284
Male householder, no wife present, Iamily 319,703 +14,556 4.50/o +l-0.1 2,143
With own children under 18 years 147,198 +13,205 +l-o.1 1 ,037
Female householder, no husband present, family 930,04s +l-7,716 13.0%+^0.1
With own children under 18 years +l-5,724 7.10/o +l-o.1 1,874
Nonfamily households 2,515,608 +/-10,049 +10.'l
Householder liYing alone 2,050,448 28.7%+l-0.1 20,854
65 years and over 824,983 +l-q 4r1 11.5%+l-0.'l 5,395
Households with one or more people under 18 years 2,069,887 +l-17,190 29.0%+l-0.2 7 ,7',t4
Households with one or more people 65 years and over , 2,249,933 +19,513 10,194
Averaoe household size +/-0.01 (x)(x), 2.03
Average family size 3.1 I +/-0.01 (x)(x)2.99
RELATIONSHIP
Population in households 18,461 ,796 .. r 18,46'1.796 (x)87,506
Householder 7,147,01e +t-25,266 38.7%+l-Q.1 43,115
Spouse 3.379.250 +l-22,93O 18_3%+l-0.1.12,139
chitd 5,266,313 +113,831 28.5%+l-0.1 tt,otl
Other relatives 1,508,312 +t-23,448 a.2%+l-0.1 6,294
Nonrelatives 1,160,908 +l-19,375 6.3%+l-O.1 8,641
Unmarried partner 433,699 +/-4,900 1 3,055
VIARITAL STATUS
Males 15 years and over 7,553,366 +l-1,307 7,553,366 (x)41,056
2,553,294 .,+/-14,356 .. 33.870 +l-O.2 18,024
Now married, except separated 3,761,508 +l-rCt )71 49.8%+/-0.3 14,528
Separated 158,693 +/-3,436 : . 2]%1,708
1of I 05to\t2014
880
Subiect Florida Miami Beach cily,
Flarida
Estimate Margin of Error Percent Percent Margin of
Error
Estimate
Widowed 234,664 +/-3,503 +/-0.1 851
Divorced 845:,207 +/-8,367 11.2%+/-0.1 5,945
Females 15 years and over 8,044,366 +l-1,007 8,044,366 (x)3s,313
Never married 2,126,037 +t 't2,057 264%+/-0.1 '10,531
Now married, except separated ., 3,668,789 +l-18,902 45.6%+l-0.2 13,406
Separated 230,773 +l-A 274 2.9%+/-0.1 1,61 8
Wdowed 875,645 116,06B 10.9%+/-01 3,351
Divorced 1,143,122 +l-8,251 14.2%+/-0.1 6,407
:ERTILITY
Number of women 15 to 50 years old who had a birth
n the Dest 12 mdnlhs
225,145 +l-3,544 1,049
Unmarried won'ren (widowed, divorced, and never
rarried)
88,436 +1-) 1L1 39.3%+/-0.9 269
Per 1,000 unmanied women .Jh +l-1 (x)u,)
Per 1,000 women '15 to 50 years old 51 +l-1 (x)(x)50
Per 1,000 women 15 to 19 years old +l-1 (x)(x)
Per 1,000 women 20 to 34 years old 92 +l-2 (x)55
Per 1,000 women 35 to 50 years old 24 +l-1 (x)(x)
GRANDPARENTS
Number oi grandparenls living with own grandchildren 443,585 +/-6,643 443,585 (x)837
Responsible for grandchildren 163,866 +13,449 36.9%+l-0.7 183
Years responsible for grandchildren
Less than 1 year .: r.38,121 +l-1,705 O -O-/n +l-o.4
1 or 2 years 38,781 +l 2,429 8.7./.f/-0.5 0
3 or4 years 26,303 +/-'l ,423 5.So/o ,. +i-0.3 80
5 or more years 60,661 +l-2,212 13,70/.+/-0.5
Number of grandparents responsible for own
)randchildren rnder 18 veers
163,866 +l-3,449 toJ,ooo (x)183
Who are femate 103,684 +l-2,328 63 30/o +l-o.7 177
Who are married 1 13,68s +l-3,244 69.40/.+l-1.a
SCHOOL ENROLLIVENT
Population 3 years and over enrolled in school 4,582,703 +l-12,854 4,58?,703 (x)16,685
Nursery school, preschool 28s,402 +l-4,205 6.2%+l-0.1 1,600
221 ,443 . +l-3,247 4.80/.+l-o.1 , 642
Elementary school (grades 1-8)1,794,964 +t-5,o97 39.2%+/-0.1 5,703
High school (grades 9-12)942,040 +l-4,634 20.60/"+10.1 2,686
College or graduate school 1 ,338,89 +l-10,571 29.2"/"+l-0.2 6,054
:DUCATIONAL ATTAI NNNENT
Population 25 years and over 13,127,624 +l-1,407 13,'t27 ,624 (x)68,820
Less than gth grade 737 ,861 +/-8,693 +/-0.1 5,781
gth to 12lh grade. no diploma 1,123,105 +/-9,056 8.6v"+10.1 4467
Higl' school graduate (includes equivalency)3,915,878 +/-20,665 25.8y.+l-O 2 13,083
Some college, no degree . 2,771,371 +l-12,252 21.10k +l-o.1 10,149
Associate's degree 1 ,144,23a +l-7,756 8.7yo +10.1 5,4 10
Bachelofs degree 2,207 ,281 i/-14,038 16.80/,+l-0.1 16,164
Graduate or professional degree 1,227 ,890 +l-11,143 9.40/o +l-0.1 13,766
Percent high school graduate or higher (x)(x)85.8%+l-0.1 (x)
Percent bachelor's degree or higher (x)(x)26.2%+l-0.2 (x)
./ETERAN STATUS
Civilian population 18 years and over 14,825,208 +L2,141 14,82s 208 (x)7 4,464
Civilian veterans 1,606,758 +l-9,247 10.84/^+l-o.1
2 of I o5ta512014
881
Subject Florida Iiami Beach city,
Florida
Margin of Error Percent Percent Margin of
Error
Estimate
)ISABILITY STATUS OF THE CIVILIAN
\IONINSTITI JTIONAI ITFN POPIII ATIr)N
Tolal Civilian Noninstitutionalized Population 18,571,056 +/-1,905 18,571,056 (x)87,890
With a disability 2,373,359 +/-11;778 12.80/0 +l-o.1 11 .124
Under 18 years 3,992,736 +l-834 , 3,992;736 (x)13,967
With a dlsability 155,297 +/-3,631 3.9%+/-0.1
18 to 64 years 1 1,345,940 +l-2.436 1 1,345,940 (x)60,879
With a disability 1,112,586 +l-7,go2 9.8%+l-o-1 5,159
65 years and over 3,232,380 +/-1,058 3,232,380 (x)13,444
With a disability '1,105,476 +l-6,325 34.2%+l-0.2 5,392
]ESIDENCE ,1 YEAR AGO
Population 1 year and over 18,683,456 : +l-2,839 , 18.683,456 87 ,260
Same house 15,631,620 +l-25,018 +/-0.1 65,254
Different house in the U.S.2,897,693 +l-23,742 15.54/o ,+10-1 18.983
Same county 1,846,055 +l-20,366 9.9%+l-o.1 14,O17
Different county 1,051 ,638 +l-13,112 5.6%!l-0.1 4,966
Same state 556,493 r/-9,662 3.0%+l-0.1 '1,508
Ditferent slate 49s,145 +l-7,555 2.7v"+l-0.1 3,4s8
Abroad 154,143 +l-5,428 0.8%tl-0.1 3,023
)LACE OF BIRTH
Total population 18,88s,1s2 'r8,885,'152 (x)88,628
Native 15,240,820 +/-13,313 80.7v.+l-a.'l 42,509
Bom in United States 14,643,581 +l-13,241 77 .5%+/-0.1 39,522
State of residence 6,610,833 +l-17 ,252 +LA.'l 18,835
Different state 8,032,748 +l-17,244 42.5%+/-0.1 20,687
Bom in Puerto Rico, U.S. lsland areas, or bom abroad
o Amcrican nrrrnl/s'i 597,239 +l-7,817 3.2%+L4.1 2,987
Foreign born 3,644,332 +/- 13,313 19.3%+l-0.1 46,119
J,S. CITIZENSHIP STATUS
Foreign-born population 3,644,332 +/-13,31 3 3,644,332 (x)46,119
Naturalized U-S. citizen 1,795,709 +/- 12,091 49.30k +/-0.3 20,418
Not a [-.].S. citizen 1,848,623 +/- 15,61 9 +/-0.3 25,701
/EAR OF ENTRY
Populalion bom outside the United States 4,241,571 +l-13,24',|4,241 ,571 /x\49,106
Native aoT r,lo +l-7,817 597,239 (x)
Entered 2010 or later 16,359 +/-1,81 1 +/-0.3 163
Entered before 2010 580,880 +l-7,974 97 .3yo f/-0.3
Foreign born 3,644,332 +/-13,313 3,644,332 (x)46,1 19
Entered 2010 or later 97,255 r1,4,044 +l-0.1 1,510
Entered before 2010 ,,3,547,077 +/-13,598 97.X%+10,1 44,579
AiORLD REGION OF BIRTH OF FOREIGN BORN
Foreign born population, excluding population born al 3,644,332 +/- 1 3,31 3 3,644,332 (x)46,119
Europe 378,850 .. +l-5,782 10 4%+l-0.1 6,3'19
Asia 366,049 +l-4,467 10.0%+ l-o.1 2,747
AfricE 60,157 +l 2,87',1 +l-0.1 533
Oceania 6,803 r/-938 o.2%+/-0.1 123
Laiin America 2,724,683 +l-11,771 74.8%35,570
Northern America 'tol ,790 +l 2,822 30%+l-o 1 827
I LrO ostost2014
882
Subject Miami Beach city,
Florida
Eslimate Margin of Error P€rcenl Percent Margin of
Frrai Estimate
-ANGUAGE SPOKEN AT HOME
Population 5 years and over 17,808,954 +l-711 17,808,954 (x)83,571
English only 12,951,1A7 +/-15,400 72.7%+10.1 26,973
Language other than English .. :. ..4,857,847 +l-15,415 27_30k 56,598
Speak English less than "very well"2,095.813 +/-13,633 11.8%+l-0.1
Spanish ,, , 3,566,368 +t-10,573 +l-0.1 45,438
Speak English less than "very well"1 ,601,455 +l-10,278 9.0%+l-0.1 24,891
Other lndo-European languages 931,133 +l-12,456 +/-0.1 8,385
Speak English less than "very well"348,033 +l-7,114 2.00/.+/-0.1 2,663
Asian and Pacific lslander languages 265,418 +l:4;874 rl-O-1 1,344
Speak English less than "very well"120,270 +l-2,990 +l-0.1 715
Other languages s4,s28 +l-3,704 o.5%+i-0.1 1,431
Speak English less than "very well"26,0s5 +l-1,446 o.10/.+l-0.1 290
\NCESTRY
Total population 18,885,152 .. 18,885,152 (x)88,628
American 1,488.876 +l-17,300 7 .9%+l-0.1 3,166
Arab 10'1 ,766 +/-3,543 o.50k +10.1 1 ,182
Czech 60,552 +l-2,467 0.3%+l-0.1
Danish 44,409 +l-1,928 0.2yo .,., rA0.1 23
Dutch 212,565 +/-4,133 1.1%+/-0.1 478
English 'l ,527,361 1/-1 1,988 8.1%+|o.'l 2.053
French (except Basque)+/-6,940 2.6%+/-0.1
French Canadian 't 14,070 +13,529 o.6%
German 2,122,671 +l-15,201 11 .2yo +l-0.1 5,'161
Greek .. ri 90,834 +l-3,047 0.5%+/-0.1
Hungarian 102,413 +l-3,228 0.5%+l-O.1 985
lrish 1,905,181 +/-14,319 .. . ,t0.1%+10.'1 3,136
Italian 1,195,4't4 +l-12,927 6.3%+/-0,1 7 ,'184
40,811 +l-1,964 0.2%+l-0.1 243
Norwegian 116,877 +/-3,337 0.6%+l-0.1 309
Polish 498.287 +/-7,888 2.6%+l-0.1 2,668
Portuguese 69,80s +l-t,oa5 0A%+/-0.1 739
Russian 234,800 +l-4,534 1.2%+/-0.1 a a,la
Scotch lrish 179,186 +l-4,029 o.9%+10.'1 203
Scottish 314,844 +/-5,941 I .7v"+/-0.1 465
Slovak 31,593 +/-'1,391 o2%+l-o.'l 293
Subsaharan African 142,597 :. +l-5,152 o.8%+/-0.1
Swedish 155,852 +/-3,563 o.8%+l-O.1 496
Swiss 36,860 +l- t,oz I o.2%,, +/-0.1 242
Llkrainian 48,435 +l 2,185 0,3%+l-0.1 541
Welsh 96,533 +l-2,690 o5%+l-o 1 't37
West lndian (excluding Hispanic origin groups)789,751 +/-9,334 4.20/o +^0.1 1 ,214
4 of 8 05/05/2014
883
Miami Beach city, Florida..
Margin of Error Percent 2ercenl Margin of
Frror
IOUSEHOLDS BY TYPE
Total households +l- 1,063 43,1 15 (x)
Family households (families)+l-534 41.7%+l-1-o
With own children under 18 years +1505 16.7yo +1.1.4
Nilarried-couple family +/-599 28.1%+l-1.5
With own children irnder 18 years +l-451 9.90k +l-1.1
lr4ale householder, no wife present, family +l-37O +/-0.9
Wth own children under 18 years +l-241 +/-0.6
Female householder, no husband present, family +l-414 8.6"/"+l-1.0
With own children under 18 years +l-u8 4.3%,. ,-0.8
Nonfamily households +l-1,175
Householder living alone +/-'1,'169 4a.4o/o rl-1.7
65 years and over +l-478 't2.50k +l-1.o
Households with one or more people under 18 years +l-517 17 .gak +l-1.4
Households with one or mqre people 65 years and over +/-596 23.6%', +l-1 .2
Average household size +/-0.05 (x)
Average family size +l-o.07 (x)(x)
lELATIONSHIP
Population in households +l-272 87,506 (x)
Householder +/-'1,063 49 3%+l-1.2
Spouse +l-609 13.9%rLo.7
chitd +l 1 ,129 19.8%+l-1.3
Other relatives f/-1,030 7 .2yo tl:l .2
Nonrelatives +l-1,111 9,9%
Unmanied partner +l-407 3.5%f/-0.5
\,IARITAL STATUS
Males l5 years and over +/-1,066 41,056 (x)
Never married +/-1,038 43.9v,+/-1.9
Now married. except separated +/-651 35.4%+l 1.5
Separated +l-294 +l-o.7
Widowed rl-234 +10.6
Divorced +l-623 +l-'t.5
Females 15 years and over tl-927 35,313 (x)
Never married 29.8%+l-2 0
Now married, except separated +l-574 38.0 7o ::+l-2.o
Separated +/-366 4 6V"+/-1 0
Widowed +l-395 9.5v,+l-1.0
Divorced +/-580 18.1%+l-1.6
:ERTILIry
Number of women 15 to 50 years old who had a birth
n the oast 12 months
+t-286 1,O49 (x)
Unmarried women (widowed, divorced, and never
rarriedl
+/-'169 25.6%+l-13.4
Per 1,000 unmarried women +/-14 (x),, , (x)
Per 1,000 women 15 to 50 years old +l-14 (x)(x)
Per 1,000 women 15 to 19 years old r/-9 (x)(x)
Per 1,000 women 20 to 34 years old +/-18 (x)(x)
Per '1,000 women 35lo 50 years old +/-21 (x)(x)
3RANDPARENTS
Nurnber ol grandparents living with own grandchildren
dcr '18 veers
+l-27A (x)
Responsible for grandchildren +l-154 21.9%+l-15.1
5 of I 05t05t2014
884
Margin of Error Percent Percent Margin of
' Error
Years responsible for grandchildren
Less lhan 1 year +/-58 6.0%+/-6.8
1 or 2 years +l-32 0.0%+l 4.9
3 or 4 years +l-'134 9.6%+/- 15.0
5 or more years +/-55 6.3%+l-6.4
Number of grandparents responsible for own
rran.lchil.lrrn r rndEr 1g vrarq
+l-154 183 (x)
Who are female +l-151 96.7y"+/-10.5
Who are married +l-41 +l-23.8
SCHOOL ENROLTI\4ENT
Population 3 years and over enrolled in school +l-1,027 16,685 (x)
Nursery school, preschool +l-364 9.6%+l-2.1
Kindergarten +l-213 +l-1.2
Elementary school (grades 1-8)+/-638 34.2%+l-3.2
High schoot (grades 9-12)+1440 16.1Yo +l-2.5
College or graduate school +l-718 36.3%+/-3.6
DUCATIONAL ATTAINMENT
Population 25 years and over rl-1.172 68,820 (x)
Less than gth grade +l-741 8A%+l-1.1
glh to 12th grade, no diploma +/-598 6.5%+/-0.9
High school graduate (includes equivalency)+l-1,021 19.0%+l-1.5
Some college, no degree +l-88?14.7%+l-1.2
Associate's degree +/-58'1 7.9%+/-0.8
Bachelor's degree +i-1,088 23.50/,+l-1.5
Graduate or professional degree +l 897 20.o./.+l-1.3
Percent high school graduate or higher (x)85.10/"+l-1.2
Percent bachelor's degree or higher (x)43.5%+l-1.5
r'ETERAN STATUS
Civilian population 18 years and over +l-1 121 74,464 (x)
Civilian veterans +l-402 +/-0,5
]ISABILITY STATUS OF THE CIVILIAN
{ONINSTITIITIONAI ITFD POPI II ATION
Total Civilian Noninstitutionalized Population +l-182 87,890 (x)
with a disability +l-897 . 12.70/,+/-1.0
Under 18 years +/-1,'120 13,967 (x)
With a disability +/-196 4.1yo +l-1.4
18 to 64 years +l-1,151 60,879 (x)
With a disability +1663 8.5%+l-1.1
65 years and over +l-740 13,044 (x)
With a disability +l-570 4',t.30/o +l-3.4
TESIDENCE 1 YEAR AGO
Population '1 year and over +l-374 87,260 (x)
Same house +/-1,627 74.8%+/-1.8
Different house in the U,S.+l-1,494 21.8%rl-1.7
Same county +/-1,310 16.1%+l-1.5
Different county rr +1833 5.7%+l-1.o
Same state +/-358 +l-o.4
+l-817 4.0%
Abroad +/-838 35%+l-1.0
6 of B 05t05t2014
885
Miami Beach city, Florida
Margin of Error Percent
]LACE OF BIRTH
Total population +l-40 88,628 (x)
Native +l-1,297 48.Oo/"+l-1.5
Bom in United States +l-1,295 44.60k +l-1.5
State of residence +l-1,323 21 .3%+l 1.5
Different state +l-1,129 23.3V"d-1.3
Born in Puerto Rico, U.S. lsland areas, or born abroad
a Ampri.an nerant/c\
+l 481 3.4%+/-0.5
Foreign bom +/-1,303 52.00/.+/- 1.5
J,S. CITJZENSHIP STATUS
Foreign-born population +/-1,303 46,119 (x)
Naturalized U.S. citizen +l-1,161 44.3%+l-2.5
Not a U.S. citizen +l-1,467 55.7%+l-2.5
rEAR OF ENTRY
+l-1,298 49,106 tx)
Native +1481 .2,987
Entered 2010 or later +l-118 5.5%+/-3.9
Entered before 2010 94.50/".. +/-3.9
Foreign born +/-'1,303 46,1 19 (x)
Entered 2010 or later +l 445 3.3%+l-1.0
Entered before 2010 fl1 ,355 96.7%+i-'1.0
flORLD REGION OF BIRTH OF FOREIGN BORN
Foreign-born population, excluding population born at +i-1,303 46,119 (x)
Europe +l-731 13.7%rl-'l.5
Asia +l-752 6.O%+l-1.6
Africa +l-201 1.20/.+l-o.4
Oceania +/-112 o.30/o +l-o.2
Latin America +l-1 ,379 77.10/o
Northern America +l-247 1.8./.+/-0.5
ANGUAGE SPOKEN AT HOME
Population 5 years and over +l-7 40 83,571
English only +l-1 ,349 +l-1.6
Languag€ other than English +l-1,341 67 .7%+l-1 .6
Speak English less than "very well"+l-1,167 +l-1.4
Spanish +l-1,425 54.4%+l-1.7
Speak English less than "very well"+l-'t.026 29.8%+l-1.2
Other Indo-European languages +l-1,052 10.o%+l-1.3
Speak English less than "very well"tl-487 3.2%+10.6
Asian and Pacific lslander languages rl-715 1.60/"+/-0.9
Speak English less than "very well"+l-672 0.90/o +10.8
Olher languages +l-495 1 .7%+/-0.6
Speak English less than "very well"+114A 0.3%+l-0.2
CNCESTRY
Total population +l-40 88,628 (x)
American +l-542 3.6%+/-0.6
Arab +/-356 1.30k +l-O.4
Czech +l 157 +l-0.2
Danish +l-28
Dutch +l-162 +l-0.2
English +/-409 2.3%
French (except Basque)+l-461 3.1%+/-0.5
French Canadian r rl a3%+l-o.1.
7 ol9 051a512014
886
$ubiect Miami Beach citv, Florida
Margin of Error ercenl Margin ol
Frrarr
German +l-629 5.8%+l-0.7
Greek ,,+l-137 o.3%il-o.z
Hungarian +l-4O2 +/-0.5
lrish +/-509 3.50k
Ita lian +/-763 8.1%r/-0.9
Lithuanian +1.'l.03 0.30/"rl-O.1
Norwegian +i-198 0.3%+l-0.2
+l-425 +/-0.5
Portuguese +l-320 0.8%+l-0.4
Russian 32%, +/-0.6
Scotch-lrish +l-112 0.2%+/-0.1
Scottish o.5v"+l-O.2
Slovak +/-165 0.3%+l-0.2
+l-440 1 .OV"-/nE
Swedish +l-235 0.6%+/-0_3
Swiss +/-133 03%+l-0.2
Ukrainian +/-'l9B o.6%+l-0.2
Welsh +l-76 o.2%+/-0.1
West lndian (excluding Hispanic origin groups)+/-540 1 .4%+/ 0.6
Data are based on a sample and are subject to sampling variability. The degree of uncertainty for an estimate arising from sanrpling variability is
represented through the use of a rnargin of error. The value shown here is the 90 percent margin of error. The margin of error can be interpreted
roughly as providing a 90 percent probability that the interval defined by the estimate minus the margin of error and the estirnate plus the margin of
error (the lower and upper confldence bounds) contains the true value. ln addition to sampling variability, the ACS estimates are subiect to
nonsampling error (for a discussion of nonsampling variability, see Accuracy of the Data). The effect of nonsampling error is not represented in these
tables.
Fertility data are not available for ce(aln geographic areas due to problems with data collection. See Errata Note #92 for details.
The Census Bureau introduced a new set of disability questions in the 2008 ACS questionnaire. Accordingly, comparisons of disability data from 2008
or later with data from prior years are not recommended. For more information on these questions and their evaluation in the 2006 ACS Conienl Test,
see the Evaluation Report Covering Disability.
While the 2008-2012 American Cornmunity Survey (ACS) data generally reflect the December 2009 Office of Management and Budget (OlvlB)
definitions of metropolitan and micropolitan statistical areas; in certain instances the names, codes, and boundaries of the principal cities shown in
ACS tables may differ from the OMB deflnitions due to differences in the effective dates of the geographic entities.
Estimates of urban and rural population, housing units, and characteristics reflect boundaries of urban areas deflned based on Census 2000 data.
Boundaries for urban areas have not been updated since Census 2000. As a result, data for urban and rural areas from the ACS do not necessarily
reflecl the results of ongoing urbanization.
Source: U.S. Census Bureau, 2a08-2A12 Ametican Community Survey
Explanation of Symbols:
1 . An ''*' entry in the margin of error column indicales that either no sample observations or too iew sample observations were available to
compute a standard error and lhus the margin of error. A statistical test is not appropriate.
2. An '- entry in the estimate column indicates that eilher no sample observations or too few sample observations were available to compute an
estimate, or a ratio of medians cannot be calculated because one or both of the median estimates falls in the lowest interval or upper interval of an
open-ended distribution.
3. An '-'following a median estimate means the median ialls ln the lowest interval of an open-ended distribution.
4. An '+'following a median estimate means lhe median falls in the upper interval of an open-ended distibution.
5. An '---'entry in the margin of error colunn indicates that the median falls in the lowest interval or upper interval of an open-ended distribution. A
statistical test is not appropriate.
6. An '*****' entry in the margin of error column indicates that the estimate is controlled. A statistical test for sampling variability is not appropriate.
7. An 'N' entry in the estimate and margin of error columns indicates that data for this geographic area cannot be displayed because the number of
sample cases is too small.
B. An '(X)'means that the estimate is not applicable or not available.
I of I 05105/2014
887
ACS do not necessarily reflect the results of ongoing urbanization.
Source: U.S. Census Bureau, 2008-2012 American Community Survey
Explanation of Symbols:
1. An '--' entry in lhe margin of error column indicates that either no sample observations or too few sample observations were available to
compute a standard error and thus the margin of error. A statislical test is not appropriate.
2. An '-' entry in the estimate column indicates that either no sample observations or too few sample observations were available to compute an
estimate, or a ratio of medians cannot be calculated because one or both of the median estimates falls in the lowest inlerval or upper interval of an
open-ended distribution.
3. An '-'following a median estimate rneans the median falls in the lowest interval ofan open-ended distribution.
4. An '+' following a median estimate means the median falls in the upper interval of an open-ended distribution.
5. An '***' entry in the margin of error column indicates that the median falls in the lowest inlerval or upper inlerval of an open-ended distribution- A
stalistical test is not appropriate.
6- An '****'' entry in the margin of error column indicates that the estimate is controlled, A statisticaltest for sampling variability is not appropriate.
7- An 'N' entry in the estimate and margin of error columns indicales that data for this geographic area cannot be displayed because the number of
sample cases is too small.
8. An '(X)' means that the estimate is not applicable or not available.
888
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889
R7 - Resolutions
A Resolution Approving A Grant Agreement Between The City Of Miami Beach And
Mount Sinai Medical Center.
(City Attorney's Off ice/Finance)
(Memorandum & Resolution to be Submitted in Supplemental)
Agenda ltem
Date890
THIS PAGE INTENTIONALLY LEFT BLANK
891
R7 - Resolutions
R7S A Resolution Accepting The Recommendation Of The City Manager Pertaining To The
Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 2014-199-SR,
For Flood Mitigation Consultant.
(Public Works/Procurement)
(Memorandum & Resolution to be Submitted in Supplemental)
Agenda ttem R-7 9
Date 6-ll-lV892
THIS PAGE INTENTIONALLY LEFT BLANK
893
R7 - Resolutions
A Resolution Authorizing The Mayor And city clerk ro Execute Amendment No. 1 To
The Design/Build services Agreement Between The city of Miami Beach, Florida, And
central Florida Equipment Rental, lnc., ForThe Design/Build Services For Right-of-way
lnfrastructure lmprovement Program No. 88 - Lower North Bay Road; The Amendment
lncludes: 1) Additional Design And Permitting services To lncorporate The New
Stormwater Criteria And The Resulting Construction Modifications To The Stormwater
Drainage System lncluding Miscellaneous credits, 2) Addition of 4S-calendar Days To
The Project Duration ln The Amount Of $1,089,868; Funding For This Amendment ls
Subject ro The Sth Amendment ro The capital Budget For Fiscal year 201312014
Being Presented At The June 11, 2014 Commission Meeting.
(Capital lmprovement Projects)
(Memorandum & Resolution to be Submitted in Supplemental)
Agenda rtem R?I
oate 6-ll-lLl894
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895
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
896
AiiAi,;IiBEACH
City of Miami Beach, 1700 convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.oov
OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk
Tel: (305) 673-741'1, Fax: (305) 673-72Y
COMMISSION MEMORANDUM
To:
From:
Dote:
Subiecl:
Moyor Philip Levine qnd Members
Jimmy L. Moroles, Ciiy Monoger
June I l, 2014
BOARD AND COMMITTEES
ADMIN]STRATION 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.
BOARD OR COMMITTEE:
Affordable Housing Advisory
Committee
VACANCIES
TOTAL MBRS. APPOINTED BY:
18 City Commission
Commissioner Deede Weithorn
Commissioner Ed Tobin
TOTALVAC PAGE
5 Page 2
1 P"g" 3
1
Budget Advisory Committee Commissioner Ed Tobin 1 Page t
Committee on the Homeless Mayor Philip Levine 2 Page to
Convention Center Advisory Board Commissioner Ed Tobin
Mayor Philip Levine
1 Page t1
1
We are commifted to providing excetlent pubtic servica and safety to all who live, work and ptay in our vibrant, trof Agenda f tgm H I A
oarc 6'll-19897
BOARD OR COMMITTEE:
Disability Access Committee
VACANCIES
TOTAL MBRS. APPOINTED BY:
14 Commissioner Michael Grieco
TOTALVAC PAGE
1 Page 1+
Fine Arts Board 14 Commissioner Joy Malakoff
Commissioner Michael Grieco
Mayor Philip Levine
2 Page 16
2
2SUNSETS 09/30/14
Gay, Lesbian, Bisexual and
Transgender (GLBT)
15 Commissioner Ed Tobin 1 Page 17
Health Advisory Committee 11 City Commission 2 Page 18
Housing Authority Mayor Philip Levine 2 Pagez+
Marine and Waterfront Protection
Authority
Commissioner Oeede Weithorn
Commissioner Jonah M. Wolfson
Commissioner Michael Grieco
Mayor Philip Levine
14 1 pagezs
1
1
2
Miami Beach Commission For
Women
21 Commissioner Ed Tobin
Commissioner Michael Grieco
2 pageza
1
Miami Beach Human Rights
Committee
10 City Commission
Mayor Philip Levine
1 page so
1
Miami Beach Sister Cities Program 21 Mayor Philip Levine 3 Page 3't
Parks and Recreational Facilities
Board
13 City Commission 1 Page 3a
Police Citizens Relations Committee 14 Mayor Philip Levine 1 Page 39
898
VACANCIES
BOARDORCOMMITTEE: TOTALMBRS. APPOINTEDBY: TOTALVAC PAGE
Transportation, Parking, Bicycle-Ped. 14 Commissioner Ed Tobin 1 page +s
Fac comm' Mayor Philip Levine 1
Attached is breakdown by Commissioner or City Commission:
,rt*=O,rO
899
Board snd Committees Current Members
Ad Hoc Committee Centennial Celebration 2014-285?1
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 26,20L5, 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 luly
3L,2015 (subject to earlier or later sunet by the City commission).
Resolution 2014-28531 adopted on March 5,20L4 extending the committee until July 31, 2015,
City Liaison: Max Sklar
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Oawn
George
Nicole
Ray
Reagan
Sheila
Trudi
lvlcCall
Neary
Eldridge
Breslin
Pace
Duffy-Lehrman
Cejas
713112015 CommissionerJoyMalakoff
7131120'15 Commissioner Deede Weithorn
7131n015 Commissioner Micky Steinberg
713'l.12015 Commissioner lvlichael Griem
713112015 [,4ayor Philip Levine
713112015 Commissioner Ed Tobin
713'll2O'15 Commissioner Jonah [,1. Wolfson
Applicants Position/Titlc Applicants Position/Title
Dennis Mouyios
Meryl Wolfson
Dr. Barry Ragone
Friday, May 30, 2014 Prye I of 45
900
Board and Committees Current Members
Affordable Housing Advisory Committee sec' 2-167
Compositionl
The 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 commissioners. The direct appointee
shall either be:(i) a resident of a locally designated community development target area for a
minimum pf six months; or(ii) demonstrate ownership/interest for a minimum of six months in a business
established in a locally designated community develoment target area for a
minimum of six months.
The remaining eleven (11) members shall be appointed at large by a majority vote of
the Mayor and City Commisison, as follows:
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 moftgage 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;
B) One cltizen who actively serves on the local planning agenry pursuant to Florida Statute g
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.
If the city, due to the presence of a conflict of interest by prospective appointees, or other reasonable
factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable
housing, a citizen engaged in the activity wlthout regard to affordable housing may be appointed.
City Liaison: Richard Bowman
Vacancy:
To reptace (6) Not for profit lZl3L/20L4 City Commission
Stephanie Berman
To reptace Robert (1) Res. Home BtdS. l2l3LlZO74 City Commission
Saland
To reptace Adrian (9) Res. Juris Loc€l Gov I2/31IZO7S City Commission
Adomo
To replace Karen (11) Rep. Essential Ser. lzl3tl20f5 City Commission
Fryd
Friday, tuIay 30,2014 Page 2 of45
901
Board and Committees Current Members
To replace Jeremy (4) Low-lncome Adv
Glazer
Vac€nt
Vacant
1213U2015 City Commission
1213012015 Commissioner Deede Weithorn
1213712014 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alexander
David
Frank
Jane
Juan
Karen
Laurence
Mayela
Muayad
Seth
Suzanne
Orlofsky
Smith
Kruszewsk i
Hayes
Rojas
Fryd
Herrup
l\4ueller
Abbas
Feuer
Hollander
(3) Rep. Labo H.Bld. TL12-3
(8) Local Planning
(2) Banking/Mortgage
(10) Rep. Empl. With/jurisdic
(5) For Profit
(7) Real Estate Professional
CommissionerMickyStelnberg 12131121
City Commission 12131114
City Commission 12131121
Commissioner Jonah M. Wolfson 12l31/2'l
City Commission 12131116
CommissionerJoyMalakoff 12131121
City Commission 12131121
Mayor Philip Levine 12131121
City Commission 12131117
CommissionerMichaelGrieco 12131121
City Commission 121311?1
1213112015
12t31t2014
1?13112014
1?t3'12015
1?t31t2014
1213112015
12t31/2015
12t31t2014
12t31t2014
12t31t2014
12t31t2015
Applicants PositioniTitle Applicants Position/Title
Andrew Fischer
Dr. Barry Ragone
Gotlinsky Barbara
Howard Weiss
Joseph Landesman
Marie Towers
Stephen Zack
Britta Hanson
Emily Eisenhauer
Guy Simani
Jason Biondi
Laurence Herrup
Ryan Homan
Friday, May 30,2011 Page j of 45
902
Board and Committees Current Members
Art in Public Places sec' 82's61
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
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 aft 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
adually been nominated. The Agenda-Agenda Archives is located on the website at
http://miamibeachfl.gov/cityclerldscroll.aspx?=72497. Alternatively, the Release can be found by
going to the City's main portal located at http://miamibeachfl.gov; and under the GTY MEmNGS
section, located on the right hand side of the webpage, click on the "Agenda - Agenda Archives" link;
thereafter choose the first listed Commission meeting, and click on City Commission At-Large
Nominations.
City Liaison : Dennis Leyva
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Lisette Olemberg- FL 1213112014\ 1213112015 City Commission 12131114
Cathy Byrd
Chana Sheldon
Janda Wetherington
Goldstein
Megan Riley
Ombretta Agro Andruff
Susan Caraballo
1213112014 City Commission 12131119
1213112015 City Commission 12131119
1213112014 City Commission 12131116
1213112014 City Commission 121311'16
1213112015 City Commission 12131119
1213112014 City Commission 12131118
Applicants Position/Title Applicants Positior/Title
Adrian Gonzalez
Alexander Orlofsky
Ammette Mason
Carolyn Baumel
Cindy Brown
Dale Stine
Elizabeth Schwartz
Francis Trullenque
Laura Levey
Lori Nieder
l\,4ichael McManus
Nicole Doswell
Scott Robins
Stephen Zack
Veronica Camacho
Adrienne Krieger
Allee Newhoff
Annette Fromm
Christina LaBuzetta
Claire Warren
David Lombardi
Francinelee Hand
Laura Bruney
Leslie Tobin
Marjorie O'Neill-Buttler
Michelle Ricci
Paolo Ambu
Sharon Dodge
Susan Schemer
Frida;, May 30, 2014 Page 4 of 45
903
Bourd and Committees Current Members
Board of Adjustment Rsar'2 sec 118-
Composition:
Two (2) year term.
Appointed by a 5/7th vote.
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 Wvo years by a five-seventh vote of the city commission.
Members of the Board of Adjustment must be either residents of or have their principal place of
business in Miami Beach; provided, however, that this amendment shall not affect the term of existing
members of the Board of Adjustment.
Please see the "Agenda - Agenda Archives" for the continuously updated Releases of City Commission
At-Large Nominations listing current information about which applicants have actually been
nominated. The Agenda - Agenda Archives is located on the website at
http://miamibeachfl.gov/cityclerk/scroll,aspx?=72497. Alternatively, the Releases can be found by
going to the City's main portal located at http://miamibeachfl.gov; and under CITY MEEINGS
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 Position/Title Term Ends: Appointed byl Term Limit:
Barton Goldberg Financial Advisor 1?13112015 City Commission 1zl31li9
Bryan Rosenfeld CPA
Heidi Tandy At-Large
Richard Baron At-Large
Richard Preira Law
1213112015 City Commission 12131115
1213112015 City Commission 'l'2131119
1213112014 City Commission '12131119
1213112014 City Commission 12131116
Larry Colin Gen. Business 1213112015 City Commission 12131119
Noah Fox Real Estate Developer 1213112014 City Commission 't2l31l19
Applicants
Aaron Davis
Position/Title Applicants Position/Title
Andres Asion
Bradley Colmer
David Wieder
Frank Del Vecchio
Alexander Annunziato
Andrew Fischer
Brian Ehrlich
Deborah Castillo
Gabriel Paez
Friday, May 30,2014 Page 5 of 15 (Contirured....
904
Bourd and Committees Current Members
Gary Twjst
James Silvers
Jessica Conn
Kathleen Phang
Mark Alhadeff
Nelson Fox
Roberla Gould
Seth Frohlich
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
Muayad Abbas
Richard Alhadeff
Scott Needelman
Victor Ballestas
Friday, May 30,2014 Page 6 o.[ 45
905
Bourd 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/cityclerl(scroll.aspx?id=7 2497
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the
webpage, click on the "Agenda - Agenda Archives" link; thereafter choose the first listed Commission
meeting, and click on City Commission At-Large Nominations.
City Liaison: John Woodruff
Vacancy:
To replace Stephen
H edz
l2l3u20l4 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Brian
Christopher
David
Dushan
Jack
John
Marc
Ronald
Harris
Pace
La ncz
Koller
Benveniste
Gardiner
Gidney
Starkman
Financial Adv.
c. P. A. (IL12t31t2014)
City Commission 1213'1119
Mayor Philip Levine 1213'1121
Commissioner Oeede Weithorn 12131118
Commissioner Jonah M. Wolfson '12i31l'15
CommissionerJoyl\ilalakoff 12131115
CommissionerMichaelGrieco 12131116
City Commission 12131114
Commissioner Micky Steinberg 12131121
1213112014
12t31t2015
12t31t2014
12131t2015
12t31t2015
12t31t2015
12131t2014
12t31t2014
Applicants Position/Title Applicants Position/Title
Bryan Rosenfeld
Dwight Kraai
Eric Lawrence
Jason Witrock
Lisa Ware
Noah Fox
Robert SchwarE
Carl Linder
Elliott Alhadeff
Guy Simana
John Bowes
Mario Coryell
Regina Suarez
Friday, May j0,2014 Page 7 of 45
906
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 reacher
Association:
Nofth 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 expeftise 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 repoft to the City Commission actions of the Committee for Quality Education; the City Manager
shall fufther designate a member of city staff to serve as a liaison who shall report the Committee's
actions to the City Manager.
City Liaison: Dr. Leslie Rosenfeld
Vacancy:
Vacant
Members:
City Conrm. Designee
Name Last Name Position/Title Term Ends: Appointed b1': Term Limiy:
Betsy Mateu 1213112014 l/ayor philip Levine jzt31t71
Beverly Heller 1213112015 Commissioner Micky Steinberg 1213,1t16
Judith Berson-Levinson 1213112014 Commissioner Joy Matakoff 12131121
Karen Rivo 1213112015 Commissioner Deede Weithorn 12131t15
Keren Bajaroff 1213112014 Commissioner Ed Tobin ,t2t31t1,
lvlichelle Thomas 1213112014 Commissioner Michaet Griem 12131t21Tiffany Heckler 1213112015 Commissioner Jonah M_ Wotfson 12131/18
Christy Farhat Rep. ofthe PTA South Pointe Elementary O6/3OIL4
Dr. Leslie Rosenfeld ACM/City Manager designee
Elisa Leone Rep. of the PTA for Biscayne Elementary 06/30/L4
Ivette Birba Rep. of the PTA for Feinberg Fisher K-B 6/30/14
Jill Swartz Rep. of the PTA for MB Sr. High School 06/30/2014
John Aleman Rep. of PTA North Beach Elem. School O6/3Olt4
Rebeka Cohen Rep. of the PTA for Nautilus tvliddte School-6/30/14
Rosa Neely Rep. of PTA for Treasure Island Elem. 06/30/14
Tamar Oppenheimer Rep. PTA for Rutir K. Eroad K-8 6/30/14
Vacant City Commission designee
Friday, May 30, 2014 Page 8 of45 (Continuetl-...
907
Bourd and Committees Current Members
Applicants Position/Title Applicants Position/TitIe
David Crystal
Elaine Litvak
Jessica Burns
Kristen Rosen Gonzalez
Laurie Kaye Davis
lvlarjorie York
Dr. Elsa Odandini
Elaine Stone
Joanna-Rose KraviE
Laura Cullen
[,4arina Aviles
Tashaunda Washington
Friday, May 30,2014 Puge 9 of 45
908
Board and Committees Current Members
Committee on the Homeless sec' 2'161
Composition:
The committee shall consist of nine (9) members,
three (3) to be appointed by the Mayor and
each Commissioner to appoint one (1).
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 Cou nty Homeless Trust;
(Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach
Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or
Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel
Association), South Pointe (South Pointe Advisory Board to the Red. Rgency); 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 nrembers.
City Liaison: Maria Ruiz
Vacancy:
To replace Cary
Yee Quee
To replace Dale
Gratz
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Dale Gratz FL12l31l2O14l 1213112014 Commissioner Joy Malakoff 12131114
121312015 Mayor Philip Levine 12131121
1213'112014 Commissioner Ed Tobin 12131116
1213'll2O15 Commissionerl,4ichaelGrieco 12131117
1213112014 Commissioner Jonah M. Wolfson 12l31/21
'1213'112014 CommissionerMickySteinberg 1?131121
1213112015 CommissionerDeedeWeithorn1.2131117
1213U7015 Mayor Philip Levine
1213U7075 Mayor Philip Levine
Debra Schwartz
Gail Hanis
Jonathan Kroner
Lior Leser
Rabbi Solomon Schiff
Rachael Zuckerman
Applicants Position/Title Applicants PositioniTitle
Daniel Nagler
Eda Valero.Figueira
lrina Pindelea
Leah Rey
Melissa Mokha
Muayad Abbas
Rocio Sullivan
Zeiven Beitchman
Deborah Robins
Helen SwarE
Kimberly Diehl
Mark Wylie
Mitchell Korus
Rabbi Daniel Sherbill
Rosalie Pincus
Friday, tulay 30,2014 Puge 10 of 4 5
909
Board und Committees Current Members
Convention Center Advisory Board Sec.2-46
Composition:
The board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
The chairperson of the board of directors of the Miami Beach Chamber of Commerce or hls/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:
To replace Stuart
Blumberg
To Replace Joshua
Wallack
Members:
Name Last Name Positiotr/Title Term Ends: Appointed by: Term Limit:
t2l3l/70L5 lvlayor Philip Levine
t2l3!/7074 Commissioner Ed Tobin
Elizabeth Resnick
Jacqueiine Hertz
Jared Galbut
lllichael Goldberg
Roger Abramson
Bob Balsam ex-off. Global Spectrum Adm Rep.
Ita Moriarty ex-officio, GMCVB Adm Rep
Joshua Levy ex-officio, Chair Bd. Dir. MBCC
ex-officio member of the City 14anager's Office
1213112015 Commissioner Jonah M. Wolfson 12131/20
1213112015 Commissionerl\4icky Steirrberg 21131121
1213112015 CommissionerOeedeWeithorn 12131121
1213112014 Commissionerl\4ichaelGrieco 12131121
1213112014 CommissionerJoyMalakoff 12131116
Applicants Position/Title Applicants PositioniTitle
David Lombardi
Gotlinsky Barbara
James Weingarten
Lee Zimmerman
N/ark Wylie
l/ichael Rotbart
Natalie Koller
Steve Berke
Cad Linder
Gayle Durham
Howard Weiss
Karen Brown
Mark Wohl
Michael Bernstein
Mihaly Lenart
Nawaz Gilani
Victor Ballestas
Friday, May 30,2014 Page I I of 45
910
Board and Committees Current Members
Design Review Board Sec. 118.71
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) hvo architects registered in the United States;
2) an architect registered in the 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 expeftise 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-la rge members and one of the
registered landscape architects, registered architects, professional designer or professional urban
planners shall be residents of the city.
Please see the "Agenda - Agenda Archives" for the continously updated Releases of City Commission
At-Large Nominations listing current information about which applicants have actually been
nominated. The Agenda - Agenda Archives is located on the website at
http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497. Alternatively, the Releases can be found by
going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS
section, located on the right hand side ofthe 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: Deborah Tackett
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Annabel Delgado- Regislered Architect 12131t2015 Crty Commission 12t31t1g
Harrington
Carol Housen Allarge
Edgar Sarli Faculty Position 1213112014 City Commission 12131119
Elizabeth Camargo Registered Architect 1213112015 City Commission 12131119
1213112014 City Commission 12l31nA
John Turchin At-Large
Kathleen Phang Attorney
12131120'15 City Commission 12131119
1213112014 City Commission 12131119
Vincent Filigenzi Landscape Architect 1213112015 City Commission 12131119
Gary Held advisory/City Attorney Designee
Thomas Mooney advisory/ActingPlanningDirector
Vacant ex-offlcio/Disability Access Committee
Fridal', May 30, 2014 Page l2 of45 (Continued....
911
Board and Committees Current Members
Applicants Position/Title Applicants Position/Title
Alexander Annunziato
Andres Asion
Brian Ehrlich
Clotilde Luce
Deborah Castillo
Francinelee Hand
Gary Twist
Jeffrey Cohen
Jenniier Lamped
Joseph Furst
Keith Menin
Nlatthew Krieger
Ryan Homan
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Morales
Adam Kravitz
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Daniel HerEberg
Elsa Urquiza
Francis Steffens
Jean-Francois Lejeune
Jeffrey Feldman
Jessica Conn
Jurgen Brendel
Marina Novaes
Nelson Fox
Sarah Johnston
Seth Wasserman
Suzanne Hollander
Victor Ballestas
Friday, May 30, 2014 Page l3 of 45
912
Board und Committees Current Members
Disability Access Committee 2006-3500 s 2-31
Composition:
The Committee shall be composed of:
A board quorum of eight (8) members and requiring at least eight (B) 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 repofting 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 Ordinance2012-3757 amended Sec. 2-31(D) to increase the number of members from
seven(7) to fourteen (14) and amended the quorum requirement
City Liaison: Caroline DeFreeze
Vacancy:
To replace Or.
Michael Alexandri
143112015 Commissioner Michael Grieco
Nlembers:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
David New
David lvlccauley
Dr. Susan Solman
Helen SwarE
Lawrence Fuller
Lee Weiss
Leif Bertrand
Matthew lvleyer
Oliver Stern
Russell Hartstein
Sabrina Cohen
Susana Maroder-Rivera
Wendy Unger
1213112014 CommissionerDeedeWeittrorn 12131115
1213112014 CommissionerJoylvlalakoff 12131120
1213112015 CommissionerDeedeWeithorn 12l31i19
12131120'15 CommissionerJoyl\4alakoff '1'2131118
1213112015 CommissionerMickySteinberg 12131121
1213112014 Commissioner Jonah M. Wolfson '12131/19
1213112015 Commissioner Jonah M. Wolfson 12131/21
1213112015 Commissioner Ed Tobin 12131120
1213112014 CommissionerMichaelGrieco 12131121
1213112015 Mayor Philip Levine 12131119
1213112014 Commissioner Ed Tobin '12131117
12131120'14 CommissionerN4ickySteinberg 12131121
1213112014 Mayor Philip Levine 12131116
Friday, Mty j0, 2014 Page 14 of 45 (Continued..-.
913
Bourd and Committees Curuent Members
Ex-officio member
Applicants Position/Title Applicants Position/Tifle
Britta Hanson
Rafael Trevino
Barry [,4elE
Elaine Stone
Zachary Cohen
Friday, Muy 30, 2014 Puge l5 of 45
914
Board and Committees Current Members
Fine ArtS BOard Reso 2000-24216
Composition:
Foufteen (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 aftists, enhances
the appreciation for the arts in the community at large, and provides economic stimulation to under
served neighborhoods.
As per resolution 20t4-28496, this committee will sunset on 9/30/2014.
City Liaison: Gary Farmer
Vacanc.v:
To replace Britta
Hanson
To eplace Bruce
Carter
To replace Ellen
Brazet
To replace Michael
lvlclvlanus
To replace Carrie
Wiesenfeld
To replace Carmen
([/aria) Lopez
Members:
Name Last Name Position/Title Term Ends: Appointed byl Term Limit:
913012014 Commissjoner lYichael Grieco
9130/2014 CommissionerJoyMalakoff
913012014 CommissionerMichaelGrieco
9l30lz0t4 I'layor Philip Levine
9/30/7074 Mayor Philip Levine
913012014 Commissionerloy Malakoff
Britta Hanson
Carrie Wiesenfeld
Lizette Lopez
l\,4ario Coryell
l,4elissa Broad
l\4ichelle Ricci
Nathaniel Kom
Tamra Shetfman
913012014 CommissionerMickySteinberg 12131119
913012014 CommissionerMlckySteinberg 12131119
913012014 CommissionerDeedeWeithom 12l31/20
913012014 Commissioner Jonah M. Wolfson 12131/21
913012014 Commissioner Ed Tobin 1?131115
913012014 Commissioner Ed Tobin 1?131115
913012014 Commissioner Jonah NI. Wolfson 12131/15
913012014 CommissionerDeedeWeithorn 12131115
Applicants Position/Title Applicants Position/Title
Bradley Ugent
David Lombardi
Dina Dissen
Elizabeth Resnick
Gail Williams
Jenna Ward
Judith Berson-Levinson
Laura Bruney
Nicole Doswell
Patti Hernandez
Tiffany Lapciuc
Dale Stine
David McCauley
Dorian Nicholson
Francis Trullenque
Janda Wetherington
Josephine Pampanas
Karen Brown
Nelida Barrios
Paolo Ambu
Seth Feuer
Fiday, May 30,2014 Page 16 of 45
915
Bourd 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.
Nohvithstanding 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.
l2l3l/2075 Commissioner Ed Tobin
Memhers:
Name LastName Position/Titlc Term Ends: Appointed by: Term Limit:
Chad
Cindy
Dale
David
Edison
E lizabeth
Jorge
La ura
Marivi
Mark
l\,,lichael
Nelida
Ronald
Thomas
Richter
Brown
Stine
Leeds
Fa rro!v
Schwartz
Richa
Veitia
lglesias
Wylie
Bath
Barrios
Wolff
Barker
12t31t20'14
1213112015
12t31t2014
12t31t2014
12t31t2015
12t3112014
12t3112015
12t31t2014
12t31t2015
12131/2015
12t31/2014
12t31t2014
12t3112015
12t31t201s
Commissioner Ed Tobin 12131116
Commissioner Jonah N4. Wolfson 12131/19
Commissioner Jonah N4. Wolfson 12131/17
Ivlayor Philip Levine 12131121
Commassioner Nlicky Steinberg 121311'16
CommissionerJoyMalakoff 1213112'l
Mayor Philip Levine 12131117
CommissionerN4ichaelGrieco 121311'16
Commissioner Deede Weithorn 12l31/18
Mayor Philip Levine 12131121
Commissioner lvlicky Steinberg 12131117
Commissioner Deede Weithorn 12l31/16
Commissioner lvlichael Grieco 12131121
CommissionerJoyMalakoff '12131116
Applicants
Barry Meltz
Dorian Nicholson
James Weingarten
Otiss (Arah) Lester
Rafael Trevino
Richard Murry
Stephen Fox, Jr.
Walker Burttschell
Position/Title Applicants
Brad Fleet
Eric Hirsch
Karen Brown
Paolo Ambu
Rebecca Boyce
Stephan Ginez
Steven Adkins
PositioniTitle
Friday, Ma1 i0,2014 Prye 17 qf 45
916
Board and Committees Current Members
Health Advisory Committee Sec. 2-81 2002-
?aE e
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 ://miam ibeachfl .gov/citycler(scrol l.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:
Vacant CEO/MB Comm. Heaftn 12/31/2015 City Commission
To replace Anthony ACLF
Japour
1213U2014 City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Dr. Andrew Nullman Physician IL 1213112014) 1213112014 City Commission 12131114
Dr. Danief Nixon Corporate lndividual 1213112015 City Commission '12131119
Dr. David Farcy Chairman, Dept. Emergency 1213112015 City Commission 12131119
Dr. Jeremy Green Physician
Dr. Stacey Kruger Physician
1213'112014 City Commission 1213'l.119
1213112014 City Commission 1213'1116
Dr. Todd Narson Health Provider 1213112015 City Commission 12131116
Rachel Schuster ACLF 1213112014 City Commission 12131116
Steven Sonenreich CEO/MI. Sinai/N/H (NTL) 1213112014 City Commission
Friday, May 30, 2014 Page l8 of 45
917
Board and Committees Current Members
Tobi Ash Nursing Profession 1213'112015 City Commission 12131115
Julie Zaharatos Rep. from the Health Council of South Fla
Ivlaria Ruiz ex-offlcio, Director of Children's Affairs
Christine Butler
Jared Plitt
Leah Rey
Zachary Cohen
lvan Rusilko
Kara White
Lisa Ware
Friday, Mty 30, 2014 Page 19 of 45
918
Board and Committees Curuent Members
Health Facilities Authority Board sec' 2'r'rl
Composition:
Four (4) year terms.
Five (5) members shall conslst of;
two (2) health providers,
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 ofthe Health Advisory Board shall serve as a non-voting advisor to the Authority.
Members shall be residents of the City.
Florida Statute L54.207 No term Limits.
City Clerks 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:/imiamibeachfl.gov; and under the CffY 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
Members:
Name Last Name PositionlTitle Term Ends: Appointed by: Term Limit:
Arthur Unger Accountant 611912016 City Commission FS.154-207
Marc Umlas Health Provider 61i912014 City Commission FS-154-207
Mark Sinnreich Health Provider 6ligl211, City Commission FS 154-207
Robert Hertzberg Attorney 6li9l2o't7 City Commission FS 154-207
Sidney Goldin General Business 61191201g City Commission FS 154-207
vacant Chairperson, Health Advisory Board
Applicants Position/Title Applicants Position/Title
David Berger
Dr. Elsa Orlandini
Rosalie Pincus
Zachary Cohen
Dr. David Farcy
Rachel Schuster
Shaheen Wirk
Ffiday, May 30,2014 Page 20 of 45
919
Board and Committees Curuent 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
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Ana Cecilia
Antonio
David
Eneida
Francis
Patti
Veronica
Velasco
Purrinos
Cardenas
lvlena
Trullenque
Hernandez
Camacho
1213112014
12131t2014
12t31t2014
12t31t2014
12t31t2015
12t31120'15
121311201s
CommissionerMichaelGrieco 1213'1121
Commissioner Jonah M. Wolfson 12l3'l/10
CommissionerMicky Steinberg 1213'1121
Mayor Philip Levine 12131121
Commissioner Ed Tobin 12131115
Commissioner Deede Weithorn 12131115
CommissionerJoyMalakoff 12131/2'l
Applicants Position/Title Applicants Position/Title
lsrael
Rafael
Sands
Trevino
Maria zayas-Bazan
Regina Suarez
Friday, May 30,2014 Puge 21 of 45
920
Board and Committees Curuent Members
Historic Preservation Board Sec. 118-'t01
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.
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 structu res;
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 historlc
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 nomlnated. The Agenda - Agenda Archives website is located at
http://miamibeachfl.gov/citycler[</scrol l.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 Cfry 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: Debbie Tackett
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
David
Dominique
Herb
Jane
Joh n
Josephine
Wieder
Bailleul
Sosa
Gross
Stuart
Manning
Bradley
Attorney
At-large
MDPL
Dade Heritage
Registered Architect
Atlarge
Faculty Member
1213112015
12t31t2014
12t31t2014
12t31t20't4
12t3'.U2015
1213112014
1213'12015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12131t16
12131115
12t31t16
12131119
12131114
12t31t15
Friluy, May j0,2014 Page 22 of 45 (Contirurcd....
921
Board and Committees Current Members
Applicants Position/Title Applicants Position/Title
Adam Kravitz
Bradley Colmer
Dona Zemo
Elizabeth Pines
Jean-Francois Lejeune
Kathleen Phang
Marina Novaes
Raymond Adrian
Sam Rabin Jr.
Albert MerE
Deborah Castillo
Elizabelh Camargo
Francis Steffens
Jennifer Lampert
Marilys Nepomechie
Mark Alhadeff
Richard Alhadeff
Fridty, May i0,2014 Page 23 of 45
922
Board and Committees Cuwent Members
Housing Authority Reso 7031 421.05
EC
Composition:
Four year appointment.
Five (5) members, appointed by the Mayor.
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 l,,lichael HA Commissioner filfL/2077 l4ayor philip Levine
Band
To replace Emili De HA Commissioiner f0/L7/20!7 lvlayor Philip Levine
Jesus Fernandez
Members:
Name Last Name Position/'Iitle Term Ends: Appointed by: Term Limit:
Eugenio Cabreja HA Commissioner 1011112016 Bower Levine
Peter Chavelier HA Commissioner 1011112015 Bower Levine
Raymond Adrian HA Commissioner 1011112014 Bower Levine
1011111A
1011'119
10t1't t18
Applicants PositioniTitle Applicants Position/Title
Gotlinsky Barbara Prakash Kumar
Stanley Shapiro
Friday, May 30,2014 Page 24 of 45
923
Board and Committees Curuent Members
Marine and Waterfront Protection Authority Sec.2-190.46
Composition:
The Marine and Watedront Protection Authority shall consist of seven (14) voting members, who shall
be direct appointments with the Mayor and City Commissioners each having two (2) direct
appointments.
Appointments to the authority shall consist of a combination of individuals who have had previous
experience in the 1.) operation or inspection of marine facilities, including experience in various types
of marine vessels and boating activities, and/or 2) who have an interest in preservation of the city's
beaches and waterfronts. The members of the authority shall have the right and duty to consult with
any member of the city administration for technical or other information peftaining to the matters
before them.
AS PER ORDTNANCE 20t4-3841, NEW COMPOSITION EFFECIVE 05/3L120t4:
City Liaison: Manny Villar
Vacancy:
To replace Joel
Aberbach
Vacant
Vacant
Vacant
Vacant
72131/2014 Mayor Philip Levine
l2l3UZ0L4 Commissioner lonah 1.4. Wolfson
lZl31l20l4 Commissioner Michael Grieco
1213U7015 Mayor Philip Levine
l2l3l/2075 Commissioner Deede Weithorn
Members:
Name LastName Position/Title Term Ends: Appointed by: Term Limit:
Barbara
Christopher
Daniel
Dr. Ronald
Maurice
Robert
Sasha
Stephen
William
l4ichael George
Herskowitz
Todd
Kipnis
Shane
Goodbeer
Schwartz
Boulanger
Bernstein
Cahill
(TL 12131114\
ex-omcio MB Marine Patrol
12131120'15 CommissionerMickySteinberg 12/3'1121
1213112015 CommissionerMichaelGrieco 12/31114
1213112015 Commissioner Jonah M. Wolfson 12131/16
1213112015 CommissionerJoyl\4alakofF 12131121
'1213112014 CommissionerMickySteinberg 12131119
1213'112014 CommissionerJoyMalakoff '12131121
1213112015 Commissioner Ed Tobin 12131118
12131120'14 CommissionerDeedeWeithorn 12131118
'1213112014 Commissioner Ed Tobin 1213'1121
Applicants
Mayela Mueller
Position/Title Applicants Positior/Title
Friday, May 30, 2011 Page 25 of 45
924
Board and Committees Current Members
Miami Beach Commission For Women
To replace Michelle
Ricci
To replace
Gertrude Arfa
To replace Maribel
Quiala
Members:
1213L12015 Commissloner Ed Tobin
t2l3ll20L4 Commissioner Ed Tobin
l2l3L/2OL4 Commissioner 14ichael crieco
2007-3570 S 2190-
I
Composition:
Twenty-one (21) members.
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:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Adnenne
Debra
Dona
Dr. Corey
Francinelee
Jessica
Karen
La ura
Laurie Kaye
Leslie
Lindsay
Mercedes
Nikki
Regina
Regina
Roberta
Tiffany
Vanessa
Krieger
Quade
Zemo
Narson
Hand
Conn
Edelstein
Colin
Davis
Coller
Genet
Carlson
Weisburd
Suarez
Berman
Gould
Lapciuc
Menkes
12t3112014
12t31120't5
1213112014
1213112015
1213112015
1213112014
12t31t2014
12t31t2014
12t31t2014
12131t2015
12131t2014
12131t2015
12131t2014
1213112015
1213112014
1213112015
1213112015
1213112015
CommissionerJoyMalakoff 12131121
Commissioner Micky Steinberg 1213'1119
l\ilayor Philip Levine 12131121
Commissioner Micky Steinberg 12131121
CommissionerJoyMalakoff 12131116
Commissioner Jonah M. Wolfson 12131/19
Commissioner Micky Steinberg 12131115
CommissionerJoyNlalakoff '12131121
Commissioner Jonah N/. Wolfson 12131/21
Commissioner Deede Weithorn 12131115
CommissionerMichaelGrieco 10131121
CommissionerMichaelGrieco 12131118
Commissioner Ed Tobin 12131115
Commissioner Jonah M. Wolfson '12l3'l117
Mayor Philip Levine 1213'1117
Commissioner Deede Weithorn 12131115
Mayor Philip Levine 121311'17
Commissioner Deede Weithorn'12131120
Applicants Position/Title Applicants Position/Title
Allee Newtrotf
Barbara Kaufman
Britta Hanson
Eda Valero-Figueira
Eneida [,,lena
Jenifer Caplan
Joanna Popper
Laura Levey
Marie Towers
Merle Weiss
Monica Matteo-Salinas
Annetle Cannon
Barbara Monis
Dale Gratz
Elizabeth Resnick
Helen SwarE
Jennifer Diaz
Joyce Garret
Mana Zayas-Bazan
Marjorie O'Neill-Butt,er
Meryl Wolfson
Pan Rogers
Frilay, May 30,2014 Page 26 of45 (Conlinued....
925
Board und Committees Current Members
Rebecca Boyce
Samantha Bratter
Tamra Shetfman
Rocio Sullivan
Sharon Dodge
Tashaunda Washington
Fridty, May 30,2014 Page 27 of45
926
Bourd and Committees Curuent Members
Miami Beach Cultural Arts Council Sec.2-51
Composition:
Three (3) years term.
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 3t, 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 ://m iamibeachfl. gov/citycler(scroll.aspx?id=7 2497.
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.gov; and under the CITY MEEINGS 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:
Last Name Position/Title Term Ends: Appointed by:Term Limit:Name
Alan
Beatrice
Charles
Daniel
Eda
Gregory
lleana
Marjorie
Richard
Susan
Zoila
Randolph
Hornstein
Million
Novela
Valero-Figueira
Melvin
Bravo-Gordon
O'Neill-Buttler
Alhadeff
Schemer
Datorre
('tL 12t31t2O14)
$t 12t31t2014)
12t31/2016
12t31/2015
12t31t2016
12t31t2015
't2t31t2014
1213112014
1213112015
12131t2015
12131t2016
1213112016
1213112014
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t19
12131t15
12t31t17
12131t15
12t31t14
12131115
12131119
12131115
't2131119
't2t3'U19
't2t31t14
Applicants
Allee Newhoff
Annette Fromm
Calvin Kohli
Dr, Daniel Nixon
Ellioft Alhadeff
Gail Williams
Janda Wetherington
Joanna Popper
Lateresa Jones
Position/Title Applicants
Ammette Mason
Bradley Ugent
Christina LaBuzetta
Elizabeth Pines
Eugenio Cabreja
lsrael Sands
Jenna Ward
Kara White
Mark Balzli
Position/Title
Fridal', May 30, 2014 Page 28 of 45 (Contiruteel....
927
Board und Committees Curuent Members
l\ilichael M6Manus
Monica Minagorri
Nicole Doswell
Patti Hernandez
Sam Rabin Jr.
Monica Harvey
Nathaniel Korn
Otiss (Arah) Lester
Pedro Menocal
Wesley Castellanos
Friday, May j0,2014 Ptge 29 of 45
928
Board and Committees Curuent 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/cityclerly'scroll,aspx?id=7 2497.
Alternatively, the Releases can be found by going to the City's main poftal 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 Llaison: Carla Gomez
Vacancy:
To replace William
Warren Jr,
To replace Andrea
Lisa Travaglia
1213U201-4 l\4ayor Philip Levine
tZl3u20l5 City Commission
Members:
Name
Alan
Amy
Bradley
Monica
Rachel
Rafael
Walker
Fishman
Rabin
Ugent
Harvey
Umlas
Trevino
Burttschell
1213112015
1213112014
1213112015
1213112014
12t31t2014
1213112014
1213112015
Commission
Commission
Commission
Commission
Commission
Commission
Commission
't2t31t16
12t31t19
12t31t1a
't2t3'118
12131t18
12t31t16
12t31t16
LastName Position/Title Term Ends: Appointed by:Term Limit:
City
City
City
City
City
City
City
Friduy, May 30,2014
Position/Title
Page 30 of 45
Applicants Applicants
Christine Butler
Dr. Andrew Nullman
Position/Title
Brad Fleet
Deborah Robins
Stephen Fox, Jr.
929
Board and Committees Current Members
Miami Beach Sister Cities Proglam 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 Gary Fortaleza, Brazil
Twisl
To replace Harvey other
Burstein
To replace Joyce other
Ganett
1213712014 Mayor Ph,lip Levine
f2l3v20t5 Mayor Philip Levine
L2l3tl20t4 Mayor Philip Levine
Members:
Name LastName Position/Title Term Ends: Appointed by:Term Limit:
Carolyn
Deborah
Faye
George
Guy
H arvey
Howard
Jacquelynn
J essica
Joyce
Kristen
Lidia
Lisa
Michelle
Monica
Nuccio
Samantha
Baumel
Robins
Goldin
Neary
Simani
Burstein
Weiss
Powers
Londono
Garret
Rosen Gonzalez
Resnick
Desmond
Ricci
Fluke
Nobel
Bratter
1213112Q15
1213112015
1213112014
12t31t2014
12t31t2014
12t31t2015
12R1t2014
12t3112014
12t31t2015
12131t2014
12t31t2015
12t31t2014
1213112015
1213112015
1213112015
12131120',t5
12t3'v2014
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
N4ayor Philip Levine
Mayor Philip Levine
Brampton, Canada
Almonte, Spain
other
other
Rio de Janeiro, Brazil
Fujisawa, Japan
other
Nahariya, lsrael
olher
lca, Peru
Basel, Switzerland
Santa Marta, Colombia
other
Pescara, ltaly
other
Cozumel, lvlexico
other
12t31t21
12t3'v21
12t31t21
12t31t16
12t31t21
12t31t21
12t31t21
12131t21
12131t21
12t31t21
12t31t21
12t31t21
12t3112',1
12131t2',1
12131t2',1
't2t31/16
12t31t21
Applicants Position/Title Applicants Position/Title
Ada Llerandi
Christopher Pace
Claudia Moncarz
Dr. Andrew Nullman
Gabriel Paez
Jared Plitt
Charles [,4illion
Christopher Todd
Darin Feldman
Elizabeth Camargo
lsrael Sands
Joseph Hagen
Friday, May 30,2014 Page 3l of15 (Cctntinued....
930
Board and Committees Current Members
Josephine Pampanas
Laura Bruney
Marcella Paz Cohen
Raymond Adrian
Rocio Sullivan
Tiffany Heckler
Lateresa Jones
Laura Levey
Michael Rotbart
Rebecca Boyce
Tamra Sheffman
Wesley Caslellanos
Friday, May 30, 2014 Puge 32 of 45
931
Board und Committees Current Members
Normandy Shores Local Gov. Neighborhood lmpv.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, L997.
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://miamibeachf l. gov/citycler(scroll.aspx?id=72497 .
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the
webpage, click on the "Agenda - Agenda Archives" link; thereafter, choose the first listed Commission
meeting and click on City Commission At-Large Nominations.
City Liaison: John Woodruff
IVI emhers:
Name Last Narne Position/Title Term Ends: Appointed by: Term Limit:
John Bowes 1213'112014 City Commission 1?131/18
[,4ark Wojak 12131120'14 City Commission 12131/18
Ronald Loring (rU213112014) 1213112014 City Commission 1213't/'t4
Applicants
Andrew Fuller
Lori Nieder
l\,4onica Minagorri
Position/Title Applicants PositioniTitle
David Alschuler
Marie Towers
Tegan Eve
l'riday, May 30,2014 Page 33 of 45
932
Board and Committees Current Members
Parks and Recreational Facilities Board Sec. 2-171
Composition:
The Parks and Recreational Facilities Board shall be comprised of thifteen (13) votlng members:
Seven (7) direct appointments 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 Nofth 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, participation and/or
expertise in the sport of tennis.
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.
Consideratioin should also be given to individuals who have special knowledge or background related
to the field of park and recreation.
City Liaison: John Rebar
Vacancv:
To replace Gail
Williams
LZl3U20l5 City Commission
Nlembers:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Chris
Dana
David
E liane
Harriet
Jonathan
Lee
Leslie
Lori
Paul
Ronald
Stephanie
Groward
Turken
Berger
Soffer
Halpryn
Groff
Zimmerman
Graff
Nieder
Stein
Krongold
Rosen
Tennis
Scott Rakow Youth Ct.
Tennis
Golf
No. Shore Park Youth Ct.
1213112014 City Commission 12131121
1213112015 City Commission 12131119
1213112015 City Commission 12131119
1?13112015 CommissionerMichaelGrieco 12131121
1213112014 Commissioner Jonah l\,4. Wolfson 12131/15
1213'112014 CommissionerDeedeWeithorn'12/31/17
1213'112015 CommissionerJoyMalakoff 12131121
1213'1120'l'4 Commissioner Ed Tobin 12131115
'1213'112015 CommissionerMickySteinberg 12131121
'1213112014 Mayor Philip Levine 12131121
12/3112014 City Commission 1213'll'19
12/3112014 City Commission 1213'1119
Applicants Applicants Position/Title
Friday, May 30, 2014
Position/Title
Puge 34 of45 (Continued....
Annette Cannon
Bruce Reich
Chris Groward
Beverly Heller
Chris Growald
Christina Nicodemou
933
Bourd and Committees Current Members
Christopher Todd
Dolores Hirsh
Eric Lawrence
Jenifer Caplan
Joseph Hagen
Mojdeh Khaghan
Nawaz Gilani
Sam Rabin Jr.
Tiffany Heckler
Daniel Nagler
Eneida Mena
lrina Pindelea
Joseph Conway
Mark Balzli
Moni Cohen
Peter Vallis
Stefan Zachar Jr.
Wesley Castellanos
Friday, May 30,2014 Page 35 of 45
934
Board and Committees Cuwent Members
PerSOnnel BOard sec.2-1e0.66
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 Depaftment, Fire Department
and Beach Patrol Department,
Group II shall consist of employees who are in clerical and executive positions,
Group III shall consist of all other employees,
The Personnel Director is a non-voting member,
City Clerk's Note: Please see the "Agenda - Agenda Archives" for the continuously updated Releases
of City Commission At-Large Nominations listing current information about which applicants have
actually been nominated. The Agenda - Agenda Archives website is located at
http ://m iamibeachf l.gov/citycler(scroll.aspx?id=7 2497 .
Alternatively, the Releases can be found by going to the City's main poftal located at
http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the
webpage, click on the "Agenda - Agenda Archives" link; thereafter, choose the first listed Commission
meeting and click on City Commission At-Large Nominations.
City Liaison: Sylvia Crespo-Tabak
l\,[embers:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Gabriel Paez
lvette lsabel Borrello
Lori Gold
Matthew Krieger
Mojdeh Khaghan
Rosalie Pincus
Christopher Diaz eleded 07120120ft exp. 7 /3!/20L4- ctoup I
Evette Phillips elected 07109/2012 exp.7 / .12015 Group III
George Castell elected 07101/2013 exp.7l3U2076 croop tl
Sylvia Gespo-Tabak Human Resources Director
1213112014 City Commission 12131115
1213112015 City Commission 12131119
1213112014 City Commission 12131t18
1213112015 City Commission 1?131119
1213112014 City Commission 12131116
1213112015 City Commission 12131115
Applicants Position/Title Applicants Position/Title
Christine Butler
Harold Foster
Nancy Wolcott
Dr. Elsa Orlandini
Michael Perlmutter
Richard Preira
Friduy, May j0, 2014 Page 36 of 45
935
Board and Committees Curuent Members
Planning Board Sec. 1 18-51
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) regular voting members. The voting members shall have considerable experience in
general business, land development, land development practices or land use issues; however, the
board shall at a minimum be comprised of:
1) one architect registered in the state of Florida; or a member of the faculty of a school of
architecture in the state, with practical or academic expeftise in the fleld 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/citycler(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 MEEINGS 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: Michael Belush
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Lintit:
Brian
Fra nk
Ja ck
Jean-Francois
J effrey
Jonathan
Randolph
Elias
Kruszewski
Johnson
Lejeune
Feldman
Beloff
Gumenick
Geneal Business
General Business
Historic Preservation
Architect
Developer
Attorney
General Business
12t31t2015
12t31t20',t4
12131120',t4
1213112014
1213112015
1213112015
12t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12131119
12t31t18
1?t31t18
1?t31t17
1?t31t19
12131115
12131119
Friduy, May 30,2014 Puge 37 of 45 (Continued....
936
Board and Committees Cuwent Members
Applicants Position/Title Applicants Position/I'itle
Aaron Davis
Albert Mertz
Alexander Annunziato
Brian Ehrlich
Daniel HerEberg
David Wieder
Dominique Bailleul
Gary Twist
James Silvers
Jeffrey Cohen
Jessica Conn
Kathleen Phang
Marina Novaes
Muayad Abbas
Noah Fox
Robert Sena
Sarah Johnston
Seth Frohlich
Adam KraviE
Alex Espenkotter
Andres Asion
Christine Florez
Oaniel Veitia
Deborah Castillo
Francis Sleffens
Jack Benveniste
Jared Galbut
Jennifer Lampert
Joshua Wallack
Madeleine Romanello
Mark Alhadeff
Nelson Fox
Richard Alhadeff
Ryan Homan
Scott Needelman
Suzanne Hollander
Fridal', Muy 30, 2014 Puge 38 of 45
937
Board and Committees Current Members
Police Citizens Relations Committee Sec. 2-190.36
Composition:
The committee shall consist of fourteen (14) voting members. The members shall be direct
appointments with the Mayor and City Commissioners, each making two (2) individual appointments.
As per Sec. 2-190.40, 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. Recommendation for
appointment to all voting and nonvoting membership selected by the mayor and commission shall be
encouraged to be obtained from the Spanish-American League Against Descrimination (S.A.L.A.D.);
the League of United Latin American Citizens (L.U.L.A,C.); the Anti-Defamatioin League (A.D.L.); the
Dade Action Pact; the National Association for the Advancement of Colored People (N.A.A.C,P.); the
League of Women Voters and the other organizations deemed appropriate,
City Liaison: Chief Daniel J. Oates
Vacancy:
To replace Claire
Warren
L2l3L/20t5 Mayor Philip Levine
Members:
Namc LastName Position/Title Term f,nds: Appointed by:Term Limil:
Alejandro
Antonio
Bruce
Daniel
Jared
Jordan
Melissa
Meryl
Michael
Nelson
Steven
Tiva
Walter
Dominguez
Hernandez Jr.
Reich
Aronson
Ptitt
Nadel
Broad
Wolfson
Perlmutter
Gonzalez
Oppenheimer
Leser
Lu cero
12t31t2015
12tX1t?014
12t3112015
1213112014
12t31t2015
12t3112014
'12t3't t2014
't2t3'1t2014
12131t2014
12131t2015
12t3112014
12131t2015
12131t2?',t 5
Mayor Philip Levine 1?131121
CommissionerJoyMalakoff 12131121
CommissionerMickySteinberg'12131121
CommissionerMicky Steinberg 12131121
CommissionerDeedeWeithorn 1AX1fi5
CommissionerMichaelGrieco 12131121
Commissioner Ed Tobin 12131121
CommissionerJoyMalakotf 12131121
CommissionerMichaelGrieco'12131120
Commissioner Ed Tobin 12131115
Commissioner Jonah M. Wolfson 12131/17
Commissioner Jonah M. Wolfson 12/31/21
CommissionerDeedeWeithorn 12131119
Applicants
Alex Espenkotter
Christina LaBuzetta
David Crystal
Eugenio Cabreja
lrene Valines
Joseph Hagen
Kimberly Oiehl
Laura Cullen
Leif Bertrand
Marina Aviles
Melissa Mokha
Nawaz Gilani
Ftidd!, Mdy 30,2014
Position/Title Applicants
Brad Fleel
Daniel Nagler
Deborah Ruggiero
lrene Valines
lrina Pindelea
Joyce Gerret
Larry Colin
Lee Zimmerman
Lori Gold
Mario Coryell
Michael Bernstein
Prakash Kumar
Position/Title
Page 39 oflS (Continued....
938
S54\Sd5t\(,'6o->UJE:c'ii o)EFCE_.JPoL 6@.fr(.)yc.c:9,(,; d)d(DN4Lq).at\a)\\.q)LS.-ia\)q\)a)s.Ql)H\E939
Board and Committees Curuent 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 d irect 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 Position/Title Term Ends: Appointed by:Term Limit:
Aleksandar
Belkys
Bruce
Daniel
Joanna
Joanna-Rose
Noreen
Stojanovic
Nerey
Orosz
Davidson
Popper
Ktaviz
Legault-Mendoza
Production
Production
Fashion
Fashion
News [/edia
Recording lndustry
TV/Film
12131t2014
12131t2015
1213112014
1213112014
1213112014
12R112015
12131i2015
l,4ayor Philip Levine 12131121
Commissioner Deede Weithorn 12131118
Commissioner Ed Tobin 12131115
CommissionerMichaelGriem 12131121
CommissionerJoyMalakoff '12131121
Commissioner Micky Steinberg'1213'1121
Commissioner Jonah M. Wolfson 12l3'l/17
Applicants PositioniTitle Applicants Position/Title
Christina Nicodemou
Llsa Ware
lrene Valines
Samantha Bratter
Friday, May 30, 2014 Page 4I of 45
940
Board und Committees Curuent Members
Sustainability Committee 2008-36'18
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 effofts to
provide and promote general environmental improvement trends, or "Green Initiatives," and
"Sustainable Development", which is herein defined as a pattern of resource use that aims to meet
community needs while preserving the environment so that these needs can be met, not only in the
present, but in the indefinite future.
The Committee shall make advisory recommedations to the City Commission and the City
Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable
Development in the City of Miami Beach.
City Liaison: Elizabeth Wheaton
Nlembers:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Cheryl
Commissioner
David
Debra
Lily
Michael
Steve
Susan
Jacobs
Grieco
Doebler
Leibowitz
Furst
DeFilippi
Vincenti
Hart
1213112014
1213112Q15
1213112Q15
1213112015
1213112015
1213112014
1213112014
1213112015
CommissionerJoyl\4alakofl 12131121
Mayor Philip Levine
Commissioner Micky Steinberg 12131120
Commissioner Deede Weithorn 12131115
Commissioner Jonah M, Wolfson 12131/15
Commissioner Ed Tobin 121311?1
CommissionerMichaelGrieco 12131121
Mayor Philip Levine 12131121
Applicants
Amy Rabin
Daniel Manichello
Elizabeth Pines
Jason Biondi
Kimbedy Eve
Mihaly Lenart
Walker Burttschell
Position/Title Applicants Position/Title
Andrea Lisa Travaglia
Elaine Stone
Gisele Colbert
Jenifer Caplan
Marivi lglesias
Russell Hartstein
Ffiday, May 30, 2014 Page 42 of 45
941
Bourd and Committees Current Members
Transportation, Parking, Bicycle-Ped. Fac. Comm.Sec. 2-190.91
Composition:
Committee shall consist of fourteen (14) voting members.
The Mayor and City Commissioners shall each make one (1) direct appointment, with the other seven
(7) 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'sTranspoftation and Parking Committee,
2) Miami Beach Community Development Corporation,
3) Ocean Drive Association,
4) Miami Design Preservation League,
5) North Beach Development Corporation,
6) Mid-Beach Neighborhood or Business 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 serye at the will of the committee. Seven (7)
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. The members designated by their respective community
organization shall provide a letter from such organization ceftifying that designation to the city clerk.
AS PER ORDTNANCE 2014-3841, NEW COMPOSTION EFFECflVE 0513712014:
City Liaison: Saul Frances
Vacancy:
To replace
Josephine
Pampanas
To replace Maria
Mayer
Member Lincoln Road M
Members:
Name Last Name Position/Title Term Iinds: Appointed by: Term Limit:
72/3112014 Mayor Philip Levine
!Zl3ll20t5 Commissioner Ed Tobin
Deborah Ruggiero
E ric Ostroff
Ray Breslin
Scott Diffenderfer
Seth Wasserman
Al Feola Member Ocean Drive Association
Delvin Fruit Member MBNA
Jo Asmundsson Member MBCDC
f,'ladeleine Romanello Member MBCC
lvlark Weithorn Member NBDC
1213112014 CommissionerMickySteinberg 12131121
1213112014 CommissionerDeedeWeithorn 12131118
1213112015 CommissionerJoyMalakoff 12131121
1213112015 Commissioner Jonah M. Wolfson 12131/15
1213112015 CommissionerMichaelcrieco 12131116
Friduy, May 30,2014 Page 43 of45 (Continued....
942
Bourd and Committees Curuent Members
William "Bill" Hahne Member MDPL
Applicants .. . Position/Title Applicants Position/Tifle
Mayela lvlueller
Friday, May 30,2014 Page 44 of 45
943
Board and Committees Current Members
Visitor and Convention Authority sec' 102-246
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) member who shall be permanent residents of Miami-Dade County.
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/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 flrst llsted Commission
meeting and click on City Commission At-Large Nominations.
City Liaison: Grisette Roque.
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Aaron Perry At-Large
Adrian Gonzalez At- Large
Daniel HerEberg At-Large
Margaret Benua Hotel lndustry
(Pesgv)
Stephen Herts At-Large
Steven Adkins At-large (TL 1213112014\ 12131/2014 City Commission 12131114
Tim Nardi Hotel lndustry 1213112015 City Commission 12131119
1213112014 City Commission 12131116
1213112015 City Commission 12131119
1213112015 City Commission 12131119
1213112014 City Commission 12131117
1213112015 City Commission 12131119
Applicants Position/Titlc
Albert Merlz
Barry Meltz
Charles Million
Dona Zemo
Harold Foster
Jared Galbut
Jennifer Diaz
Kristen Rosen Gonzalez
Laurence Herrup
Natalie Koller
Stanley Shapiro
Applicants Positior/Title
Ammette Mason
Calvin Kohli
Christy Farhat
Eric Lawrence
James Lloyd
J effrey Graff
Joshua Wallack
Laure Mckay
lvlatthew Krieger
Seth Feuer
Wendy Kallergis
Friday, May 30,2014 Page 45 of45
944
Gity Gommission Gommittees
Gommlttes Positlor Hrst ilams lmolntsd [y
Finance & Citywide Projects Committee
Chairperson CommissionerDeedeWeithorn
Vice-Chair Commissioner Ed Tobin
Member Commissioner Micky Steinberg
Alternate Commissioner Michael Grieco
Liaison Patricia Walker, CFO
Flooding Mitigation Committee
Chairperson CommissionerJohahWolfson
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
Land Use & Development Committee
Cheirperson
Vice-Chair
Member
Alternate
Liaison
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Ed Tobin
Bruce Mowry
Commissioner Joy Malakoff
Commissioner Jonah Wolfson
Commissioner Michael Grieco
Commissioner Deede Weithorn
Richard Lorber, Acting Planning Dir
Commissioner Ed Tobin
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Vice-Chair
Member
Alternate
Liaison
Chairperson
Vice-Chair
Member
Neighborhood/Community Affairs Committee
[/onday, June 02, 2014 Page 1 of 2
945
Gommitteo P0sltion tlrst tlams Appointsd [y
Alternate Commissioner Joy Malakoff Mayor Levine
Liaison Barbara Hawayek, City Manager
Ivlonday, June 02, 2014 Page 2 ol 2
946
NON-GITY COMMISS]ON COMMITTEES
Mayor Philip Levine
. Miami-Dade Metropolitan Planning Organization
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
Christine A. Gudaitis and Barbara HerskowiE
' Public Library Advisory Board
VACANT:o South Florida East Coast Corridor Coalition. U.S. Conference of Mayors. National League of Cities. Florida League of Cities. lnternational Hispanic Networko lnternational Women's Forum - Arva Moore Parks
' FIU Wolfsonian Advisory Board. Greater Miami Convention and Visitors Bureau Executive Committee. Girl Power Honorary Membero Miami-Dade County Tourist Development Councilr Citizens' Oversight Committee/lnterlocal Agreement for Public School Facility Planning MDCo Miami-Dade County League of Cities
F:\CLER\$ALL\a City CommissionNon Cily Commission Committees 05-21-2014.docx
947
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948
g MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33 I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members pf the
FROM: Jimmy L. Morales, City Manager
DATE: June 11,2014
ADMI NISTRATION RECOMMEN DATION
Make appointments as indicated.
ANALYSIS
The applicants that have filed with the Office of the City Clerk for the below atJarge appointments are
included with item ROA.
BOARDS AND COMMITTEES
1.Affordable Housing Advisory Committee (Current Vacancies: 5)
Vacant Categories:
. One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
. One citizen who is actively engaged as an advocate for low-income persons in connection
with affordable housing.
o One citizen who is actively engaged as a not-for-profit provider of affordable housing.
o One citizen who resides within the jurisdiction of the local governing body making the
a ppointments.
. One citizen who represents essential services personnel, as defined in the local housing
assistance plan.
Health Advisory Committee (Current Vacancies: 2)
Vacant Categories:
One CEO from Miami Beach Community Health Center/designee.
One administrator of ACLF and/or ALF.
2.
a
a
FICIER\$ALL\a City Commission\Commission Memo B & C FOR 06-1 1-14.doc Asenda rtem RTAl
oate C-ll-ltt949
3. Miami Beach Human Rights Committee (Current Vacancy: 1)
4. Parks and Recreational Facilities Board (Current Vacancies: 1)
Vacant Categories:
. Golf - One (1) member who has demonstrated a high degree of interest, participation
and/or expertise in the sport of golf.
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. qov/citvclerk/scroll.aspx?id=7796 1
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.qov; 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
FTCLER\$ALL\a City Commission\Commission Memo B & C FOR 06-1 1-14.doc
FICLER\$ALL\a City Commission\Commission Memo B & C FOR 06-1 1-14.doc950
R9 - New Business and Commission Reouests
R9B1
R982
Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDA ITEM Rqts /^}
D,riE 6-//- /r
951
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952
R9 - New Business and Gommission Requests
RgC Update On The Miami Beach Convention Center Project - Presentation For Hotel Site
Options.
(City Manager's Office)
Asenda nem fr?C
Date 6l/-tV953
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954
R9 - New Business and Gommission Requests
R9D State Representative David Richardson (District 113)Will Give A Post-Session Update
And A Preview Of The 2015 Session.
(City Manager's Office)
Agenda tten fr?D
Date O-//-/t/955
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956
R9 - New Business and Commission Requests
RgE State Lobbyists' Report On 2014 Legislative Session.
(City Manager's ffice)
Agenda rtem R?Egals O'//'/?957
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958
g MIAMI BEACH
OFFTCE OF THF I^AYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, Ciiy Manager
FROM: Ed Tobin, Commissioner
DATE: May 14th ,201t
SUBJECT: Agenda item for May 21" , 2014 City Commission Meeting
Please place on the May 21"t City Commission Meeting a discussion regarding the
Committee for Quality Education motions made February and March 2014 regarding
the Extended Foreign language (EFL) program in Miami-Dade Public Schools.
Attached please find the motion made by the Committee for Quality Education.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We are conmitted lc gavtdiog excellent ptblic service ond solely Io nll vhct live warl< ond pioy in our vibnnl. hoglc.{1l. hiskxic coirrfionitl
Agenda ttem &l
"Dal*-6:l1'1tl-959
g MIAMIBEACH
OFFICE OF THE CIry MANAGER
No. rTc # oorl-Joll LETIER TO COMMISSIQN*
TO:Moyor Philip Levine ond Members the City
FROM: Jirnmy L. Moroles, City Monoger
DATE; Februory 27,2A14
SUBJECT: Cornmittee for Quolity Educotion
The Committee for Guolity Educolion would like you lo be owore of the following molions regording
the Extended Foreign Longuoge {EFL} Progrom, MiomLDode County Public Schools 2014 Legislotive
Priorities, ond Miomi Beoch public school self<ssessments for occrediiotion, opproved ot the Februory
25, 2O1 4, committee meeting.
Jimmy L Moroles
City Monoger
C: Executive Stoff
Dr, Lesl ie Roseqfpld, Orgon izotion Developmeni Performonce lnitiqtives
)LM/KGB/LK
960
City of Miomi B€och
Committrge for Quolity Educqtion
Meeting of Februory 25,2014
Members Presenl:, Koren Rivo, Beverly Heller, Becky Cohen, lvelte Birbo, Jill Sworiz, John Alemon,
Tomor Oppenhiemer, Tiffony Heckler, Judi Berson-Levinson, Belsy Mqlu ond Christy Forhot
Members Abseni: Keren Bojoroff, Roso Neely, ond Elisq Leone
Motion mode by Judi Berson-Levinson
Molion seconded by Koren Rivo
Moiion Text:
The Comnilfee for Quality Education recommends lha Moyor and Cornmission advise Miomi.Dade
Counly Pvblic Schools thal the elementary level Extended Foreign Longuage (EFL) Progrom rs suc/r o
valuoble ossel for our children lhal we urge the City to work with M-DCPS to ensura that all eligible
children hove equal occess to the Ef L Program and implement a system br informing parents of preK
children.
The Commiitee for Quolity Educotion urges the Moyor qnd Commission to supportthe obove request.
Motion Possoge: Votes I 2-0
Motion mode by Beverly Heller
Motion seconded by John Alemon
Moiion Texl:
Ihe Commitfee for Quolity Educdtion recommends the Mayor ond Commission support lhe M-DCPS
2O 1 4 State Legi slotive Priorilies.
The Committee for Quolity Educotion urges the Moyor ond Commission to supporf ihe obove roquest.
Motion Posroge: Voles 8-2
Molion mode by Beverly Heller
Moiion seconded byJohn Alemsn
Motion Texf:
The Connittee for Quality Educolion requesls the Mayor and Commission ask M-DCPS for copies of
fhe se/ir-ossessm enls from all City of Mioni Beoch feeder scfioo/s submiffe d to AdvoncED at lhe time
submitted.
961
..jtD)o-tDlDo-ootD--coCLo-)og.o.r4EEo(,-ocooo0,*(,(n:l.9oU)Eq.:-E-:t (,o-6o --*oilt u)oE,t.^EOEo-OCu.9oo-E <'F<962
E MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LrC # 94-2014
TO: Moyor Philip Levine ond Members the City C/mmission
FROM: Jimmy L. Moroles, Cify Monoger
DATE: Morch 2'l , 2014
SUBJECT: Commitlee for Quolity Educoiion Motion
C: Execulive Stoff
Dr. Leslie Rosenfeld, Orgonizolion Development Performonce lnitiotives
W,,K
RE CF IV h. I-i
LETTE R TSr UIS^fr}'^ Bb blq
CITY CLtRi(,S OiF III
The Comrniflee for Guolity Educotion would likeyou to be owore of the following motions regording
the Extended Foreign Longuoge (EFLI Progrom in Miomi-Dode County Public Schools, opproved ot the
Mqrch 18, 2014, committee meeting.
963
City of Miomi Beoch
Commitiee for Quolity Educotion
Meeting ol Morch I 8, 2014
Members Present:, Koren Rivo, , lvette Birbo, Jill Swortz, John Alemon, Tomor Oppenhiemer, Tilfony
. Heckler, Judi Berson-levinson, Betsy Motu, Christy Forhot, ond Eliso [eone
Members Abseni: Beverly Heller. Becky Cohen, Roso Neely, ond Keren Boioroff
Motion mode by lvetta Birbo
Motion seconded by Koren Rivo
Motion Texf:
The Commiltee for Quolity Educotion reguesls the Mayor and Commission, and Mioni-Dade County
Public Schools, use oll ovoiloble communicalion methods to inform residenls aboul the ovoilability of
the Extended Foreign Languoge (EFL) progrom, prior to the June 6, 2014, opplication deodline to
opt-tn ,
The Committee for Quolity Educotion urges lhe Moyor ond Commission to support lhe obove request.
Motion Possoge: Votes lG0
964
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
CC:
FROM:
DATE:
SUBJECT:
Members of the City Commission
Jimmy Morales, City Manager
Rafael Granado, City Clerk
Philip Levine, Mayor
May 21"t,2014
Towing and lmmobilization of Vehicles
MEMORANDUM
Please place a discussion item on the agenda related to Towing and the
lmmobilization of Vehicles.
lf there are any questions or concerns, please do not hesitate to contact Alex
Miranda at AlexMiranda@MiamiBeach FL.gov.
Asenda ttem RqA
Date 6-ll-/V965
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966
g MIAMI BEACH
Cify of fifiomi Beoch, I 200 Conyention Center Driye, Miomi Beoch, Florido 331 39, www.miomibeoch{l.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the CitylCommission
Jimmy L. Morales, City Manager
June 11, 2014
SUBJECT: Proposal for the Partial T
Drive
Closure and Master Planning of Ocean
ADIIIIINISTRATION RECOMMENDAT]ON
The Administration recommends that the City Commission refer the proposal to the Land
Use and Development Committee for further discussion and policy direction.
BACKGROUND
On May 21 ,2014, the City Commission, at the request of Commissioner Jonah Wolfson,
a discussion was held regarding the permanent closing of Ocean Drive to vehicular
traffic (ltem R9M). The Commission directed the Administration to come back with a
proposal regarding a master plan for Ocean Drive.
ANALYSIS
The Administration has reviewed various options regarding the modification of vehicular
circulation on Ocean Drive. The complete closure of Ocean Drive to vehicular traffic
would create an un-matched level of pedestrian ambience and allow for unobstructed
visual and physical access to the existing hotels that define the scale, context and
character of Ocean Drive. Additionally, outdoor cafes would be able to operate in a
manner that has much less of an impact on the walkability of the street and sidewalk.
However, the complete closure of Ocean Drive does present a number of operational
challenges, particularly with regard to access and check-in for all of the hotels. Also, the
removal of the existing on-street parking spaces along the east side of Ocean Drive
would result in a significant reduction in collected revenue. ln this regard, the total
number of metered parking spaces on Ocean Drive between Sth and 1Sth Streets are
190 (160 automobile spaces and 30 scooter/motorcycle spaces). The following are the
specific revenue amounts for the metered spaces for the last 2 fiscal years are as
follows:
FY 12113: $1,087,389o Metered(automobile):$1,063,287. Metered (scooter/motorcycle): $24,102
FY 13114: $876,996. Metered(automobile):$860,933
Agenda ltem
Date
TO:
FROM:
DATE:
RqH
L-tvttt
o Metered (scooter/motorcycle): $16,063
967
Commission Memorandum
Traffic Closure and Master Planning of Ocean Drive
June 11, 2014 Page 2 ol 2
ln order to balance the legitimate operational concerns of all of the affected properties
with the need to enhance the pedestrian experience at the sidewalk level, the
Administration has put together a conceptual proposal for the master planning of Ocean
Drive. ln this regard, one potential option would be to eliminate a single lane of vehicular
traffic (south bound) and expand the sidewalk on the west side of Ocean Drive eastward
by approximately eight (8') feet. The attached drawings illustrate, in concept, how such a
re-alignment could work.
The proposal would have the following benefits:o Vehicular traffic would still be permitted, including access to valet ramps and
loading spaces;o All side streets would be unaffected, as they would be able to access north
bound Ocean Drive;. All existing metered parking spaces along the east side of Ocean Drive would
remain;. The pedestrian sidewalk along the west side Of Ocean Drive, adjacent to the
hotels, would be substantially widened, thus allowing for increased pedestrian
circulation and a more comfo(able space for sidewalk seating.
The total cost of the extension of the sidewalk, inclusive of rebuilding the curb, gutter
and drainage is expected to be $622,120.00. See attached preliminary cost breakdown
prepared by the Public Works Department.
TRANSPORTATION ANALYSIS
The City's Transportation Department has evaluated the proposal. The initial
observations of the Department indicate that the concept of a one-way conversion in the
north bound direction appears to be feasible, and no major concerns from a traffic
operations and access management standpoint were raised. However, a detailed and
comprehensive traffic study will clearly be required to determine the safest and most
effective direction of one-way traffic flow, as well as impacts to the adjacent land uses
and the rest of the traffic networks. Additionally, review of the proposal by emergency
services (Police and Fire) will be required, and any proposed traffic flow modification to
Ocean Drive will need to be coordinated with both FDOT and Miami-Dade County.
The parallel roadways (Collins Avenue and Washington Avenue) experience moderate
levels of congestion during day to day operations and failing LOS during high-impact
periods. ln the case that the traffic study finds that the conversion of Ocean Drive to one-
way traffic is feasible, the data collected in the traffic study will determine the appropriate
direction of traffic. Although the northbound direction proposed appears feasible, based
on its connectivity to a major ingress roadway (5m Street), this cannot be fully confirmed
without the data. One important aspect to review during the study phase, which may
prove to be helpful in making a decision, is existing pedestrian-vehicle accident data.
Given the chaotic nature of this corridor and the propensity of driver distraction, a one-
way conversion could potentially reduce the number of conflicts between pedestrians
and vehicles traveling in opposite directions.
GONCLUSION
The Administration recommends that the City Commission refer the proposal to the Land
Use and Development Committee for further discussion and policy direction
JLM/JMJ/TRM
T:\AGENDAV0l4Uune\Proposal for the Partial Traffic Closure and Master Planning of Ocean Drive.docx
968
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Rofqel Gronodo, City Clerk
FROM: Joy V. W. Molokoff, Commissioner
DATE: Moy 28,2014
SUBJECT: Proclomotion for Robbi Goyle Pomerontz
Pleose ploce on the June I 1 , 2014 ogendo, with on I i : l5 o.m. time certoin, o
presentotion to Robbi Goyle Pomerontz celebroting her 25'h onniversory os o Robbi ond
her service to the Miomi Beoch community.
lf you hove ony questions, pleose contoct me of extension 6622.
JWVM
We orc ccnnilied lo prcr'iding excelleni public sertice and soiely lc ol ',,tho )tve, work, ond pioy; in out vibtonl, lraptcol h,"t^" '^--"^ \ '
Asenda rtem f19I
Date b-tl'l{969
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970
i\u1 lAlr,'i t&f ACFj
City oI Miomi Beoch, I /00 Ccnveniion Cenier Drive, Miomi Beoch, Ft 33139, www. miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the C Commission
City Manager Jimmy L. Morales
June 11, 2014
SUBJECT: DiscussionRegardinglncludi Transgender Health Care lnsurance
Coverage as a Benefit of Employment in Fiscal Year (FY) 2O1N'15
Backqround
ln 201 3, the City of Miami Beach self-submitted its application for a Municipal Equality
lndex Score and earned the maximum number of points available, 100; the only City in
Florida to merit the distinction with Tampa coming in a distant second with 89 points.
The Equality Federation lnstitute of the Human Rights Campaign Foundation, which
awards the Municipal Equality lndex Score, has announced that a requirement in 2014 is
transgender-inclusive health care benefits.
Anticipated lncrease in Health Care lnsurance Premiums for Benefit Plan Year
2014t15
The City of Miami Beach benefits consultant, Gallagher Benefit Services (Gallagher), is
prolecting that costs for the current levels of health care coverage provided by the City's
plans will increase by 7.5o/o in fiscal and plan years 2014115 irrespective of the
recommendation to add transgender health care coverage. The projection is based the
current national inflation trend of a plan's total cost of 8% and the current cost of the
City's plans. As the costs associated with the City's medical plans are running lower
than the national trend, the projected increase for the upcoming plan year is also
predicted to be lower.
Benefits Associated With lncludinq Transqender Health Care !nsurance Goveraqe
as a Benefit of Emplovment
A September 201 3, survey of employers done by Jody L. Herman, Ph.D., Manager of
Transgender Research at the Williams lnstitute, University of California, School of Law,
found that employers reported very low costs, if any, from adding transition-related
coverage to their health benefits plans or from actual utilization of the benefit after it was
added.
The goal of her study was to identify the number of surgeries and their related costs.
The study was limited to US residents treated in the country. During this time period,
1,170 transsexuals underwent surgery. At the time of her study, nationally, the average
cost for male to female surgery was $10,400 and the average cost for female to male
surgery was $17,000. These figures are based on 740 male to female surgeries and 430
female to male surgeries, providing an average combined cost of $12,900 per surgery.
TO:
FROM:
DATE:
Agenda nem RQd
oate 6'l/'/{971
Commission Memorandum
Discussion Regarding lncluding Transgender Health Care lnsurance Coverage as a Benefit of Employment in Fiscal Year
(FY) 2014t15
June 1 1, 2013
Page 2
As a result, at the time she conducted her study, the actual cost impact to provide
transgender health insurance coverage benefits could be projected at $.173 per year,
per participant at a national level. Of this cost, $.08 or more could be contributed to
services currently covered by many health care plans such as hormone therapy, doctor
office visits and psychological therapies resulting in a total impact to health care plan
costs of $.093 per year per participant.
Employers who participated in her survey reported that providing transition-related
health care coverage benefited them in a variety of ways. They reported that they
provided coverage in order to: make them competitive as an employer within their
industries and help them with the recruitment and retention of their employees; reflect
their corporate values, including equality and fairness; provide for the healthcare needs
of their employees and improve employee satisfaction and morale; and demonstrate
their commitment to inclusion and diversity.
Via LTC 174-2014 (attached) on May 23, 2014, the Administration recommended that
based on all the information at hand the City include transgender health care benefits in
its self-funded medical plans effective with the new plan year.
Cost of Transqender Benefits
The city and county of San Francisco were among the first to include transgender health
benefits, as a pilot program, in their self-funded health insurance coverage plans. The
program was designed to collect actuarial data related to the actual cost of coverage for
transgender medical benefits. The program began by including a one year enrollment
requirement with individual coverage capped at $50,000. (The Patient Protection and
Affordable Care Act of 2010 eliminated all coverage caps.) This benefit was based on
similar coverage provided by the Canadian province of British Columbia. Using an
estimate of 35 eligible plan members, they increased their employees' and retirees'
monthly premium by $t.ZO per month. Between July 2001 and July 2004, the plan
collected $4.3 million in additional premiums; however, the plan incurred only seven
surgical claims for a total payout of $156,000.
ln 2004, the one year waiting period was eliminated and the individual coverage cap was
raised to $75,000. Additionally, the benefit became available through the city and county
HMO plans which until then had only covered hormone and psychological therapies.
Even with the elimination of the waiting period, an increase in their medical plan's
coverage maximum and the addition of surgical coverage through their fully insured
HMO plans, the employees'and retirees'premiums were reduced from $1.70 to $1.16
per month. Between July 2001 and August 2005, the city and county had collected $5.6
million in additional premium and paid out $183,000 for 1 1 claims. Due to the low cost
impact to the city's and county's medical plans, both self-funded and fully insured, the
additional monthly premium charged to employees and retirees was eliminated.
Additionally, cost data has led the HMOs to no longer separately rate the transgender
benefit, and the fully insured HMO plans are now treating it as they do any other medical
procedure.
City staff asked Gallagher to provide an actuarial cost of adding transition-related
coverage to the plans offered by the City. Three key areas were identified for coverage,
hormone therapy, psychological therapy and surgery (those surgeries deemed medically
972
Commission Memorandum
Discussion Regarding lncluding Transgender Health Care lnsurance Coverage as a Benefit of Employment in Fiscal Year
(FY) 2014/15
June 11,2013
Page 3
necessary for the individual to function in society that correct, not enhance physical
appearance).
Currently, the City's medical plans provide coverage for hormone and psychological
therapies. ln projecting the plans' annual costs, this coverage is already considered in
the actuarial calculations used to project the plans' costs. When considering covering
these therapies for transgender participant, there is no need to include them in the
calculations as those therapies are already considered a plan liability throughout the
year and are included the plan's predicted annual costs.
The Gallagher actuary responded indicating that the three coverage areas, hormone
therapy, psychological therapy and surgical procedures allowing the individual to
function normally in society, were consistent with what they had identified through their
research as medically necessary procedures and should be provided as a covered
benefit under the plans. With the plans' current coverage of both hormone and
psychological therapy, the only actuarial impact to the plan would be for those medically
necessary procedures.
Based on the research data, including published studies, Gallagher determined that in
most years the Clty would not incur any claims, with an average of one claimant every 3
to 4 years. On average, Gallagher would expect a cost of about $9,000 per year, which
is a blend of the years with no claims and a year with an estimated cost of $30,000.
Additionally, the actuary believes it extremely unlikely that the plan would ever have
more than two claims in any one year. Based on these assumptions, the expected
annual cost average over a four year period with the occurrence of one claim would be
approximately $9,000, which is 0.05% of projected plan costs lor FY 2014115. With two
claims is any given plan year, the cost is still only 0.3% of the pro,lected annual cost for
the FY 2014115 plan year.
Cosmetic procedures such as permanent facial hair removal, including laser treatments
and/or electrolysis on the face, neck and body, and voice and communication therapy to
help individuals develop verbal and non-verbal communication skills facilitating comfort
with their gender identity would not be covered and would not impact the City's costs.
Given these findings, the Gallagher actuary did not foresee any significant increase in
the cost of the City's medial plans and does not recommend any changes to the City's
premium costs should transgender health care coverage be included in plan coverage.
Gallagher has indicated that the additional cost to provide coverage for transgender care
is below the threshold considered credible for changing rates.
Time is of the essence regarding discussion and direction since on October 1,2014,the
benefit plan year moves from the calendar to the fiscal year, which means that open
enrollment will take place this summer.
::;fu.,
973
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Letter to Commission
Transgsnder Health lnsurance Benef its
l\iiay 23,2014
Page 3
Gost of Transqender Benefits
The city and county of San Francisco were among the first to include transgender health
benefits, as a pilot program, in their self-funded health insurance coverage plans. The
program was designed to collect actuariai data related to the actual cost of coverage for
transgender medical benefits. The program began by including a one year enroliment
requirement with individual coverage capped at $50,000. rhis benefit was based on
similar coverage provided by the canadian province of British columbia. Using an
estimate of 35 eligible plan members, they increased their employees' and reilrees'
monthly premium by $1 .70 per month. Between July 2001 and July 2004, the plan
collected $4,3 million in additional premiums; however, the plan incurred only seven
surgical claims for a total payout of 9156,000.
ln 2004, the one year waiting period was eliminated and the individual coverage cap was
raised to $75,000. Additionally, the benefit became available through the city and county
HMo plans which until then had only covered hormone and psychological therapies.
Even with the elimination of the waiting period, an increase in their medical plan's
coverage maximum and the addition of surgical coverage through their fully insured
HMO plans, the employees' and retirees' premium was reduced from $,1 .70 to 91.16 per
month. Between July 2001 and August 2005, the city and county had collected 95.6
million in additional premium and paid out $183,000 for 11 claims. Due to the low cost
impact to the city's and county's medical plans, both self-funded and fully insured, the
additional monthly premium charged to employees and retirees has been eliminated.
Additionally, cost data has led the HMos to no longer separately rate the transgender
benefit, and the fully insured HMo plans are now treating it as they do any other medical
procedure.
The most recent study regarding the cost of these benefits was conducted from 2001
through 2008 by Dr. Mary Ann Horton, who is an active diversity advocate, leader, and
researcher and has been recognized for her contributions in creating equality in the
workplace for lransgender, bisexual, lesbian and gay individuals. The goal of her study
was to identify the number of surgeries and their related costs. The study was limited to
US residents treated in the country. During this time period, 1,170 transsexuals
underwent surgery. At the time of her study, nationally, the average cost for male to
female surgery was $10,400 and the average cost for female to male surgery was
$17,000. These figures are based on 740 male to female surgeries and 430 female to
male surgeries, providing an average combined cost of g12,g0O per surgery.
As a result, at the time she conducted her study, the actual cost impact to provide
transgender health insurance coverage benefits could be projected at $.173 per year,
per participant at a national level. of this cost, $.08 or more could be contributed to
services currently covered by many health care plans such as hormone therapy, doctor
office visits and psychological therapies resulting in a total impact to health care plan
costs of $.093 per year per participant.
The City's benefits consultant, Gallagher Benefit Services (Gallagher), has determined
that the addition of transgender benefits to the City's medical health insurance plans
would not result in a significant cost to the City as the majority of services recommended
by WPATH are currently covered benefits under the plan. Additionally, the relatively low
cost of the reassignment surgery, in addition to the low prevalence of those seeking it,
would have a minimal cost impact.
We ore mnnittd b gcwidig *collan public s*vice od srrlory n oll vrla llve, w: ord prcr',t it out vifuont, trapicnl, higoric $, r,aJnity.
976
Letter to Commission
Transgender Health lnsurance Bon6fits
May 23,2014
Page 4
Recommendation
Based on the benefits associated with providing the coverage, the Gounty and City of
San Francisco's experience and Gallagher's projections, it is recommended that the City
include the coverage in its self-funded medical plans effective in the new plan year,
which is scheduled to begin October 1,2014.
If you have any questions or need additional information, please do not hesitate to reach
out to me.
JLM/KGB/SC-T
We ore connittd b prcviding eyrcelbll pJblic servbe onl nlety to oll who live, vnrk ond phy h out vhront, topit)xl, histotic cDnnuntl.
977
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978
g MIAMI BTACH
Clty of Mloml Beoch, 1700 Convenlion Center Drive. Miomi Beoch, Florido 3313?. www.miomibeqchfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members o{fthe City Cffnmission
FROM: Jimmy L. Morales, City Manager
DATE:
SUB-JECT:
June 11, 2014
NORTH BEAGH CIRGULATOR SERVICE
BACKGROUND
At the April 30,2014 City Commission meeting, the Commission approved the award of lnvitation to
Bid (lTB) No. 2014-154-SR for North Beach Turnkey Trolley Operations and Maintenance Services
to Limousines of South Florida (LSF). The services procured are all inclusive transportation
services, meaning that the selected contractor will provide all necessary vehicles, equipment,
personnel, fuel, licenses and insurances necessary to operate and maintain the service.
At the May 21 , 2014 City Commission meeting, the Commission passed a resolution approving in
substantial form, an lnterlocal Agreement (lLA) between Miami-Dade County and the City of Miami
Beach for the provision of municipal circulator (trolley) services in North Beach. This ILA is pending
approval by the Miami Dade County's Board of County Commission (BCC) at its July 1,2014
meeting.
Although NEW trolley vehicles have been ordered by LSF, the trolley manufacturing lead time can
be as much as six (6) months. The Administration expects all new trolleys to be available for service
no later than October 31 ,2014. ln order to encourage the early start of the circulator services, the
City has agreed to pay a performance premium of twenty percent (20o/o) of operation cost for the
period of service in which all vehicles are in operation prior to October 31 ,2014.
Given that the City may be able to start its North Beach circulator service upon approval of the ILA
by the BCC, expected to occur on July 1, 2014 and that new trolleys cannot be delivered by this
date, the City asked LSF to advise on the feasibility of providing used trolleys for early start of
services. LSF indicated that securing used trolley vehicles for a short period of time would not be
economically feasible for the company; however, cutaway vehicles could be provided and ready for
use as early as July 2014 contingent upon the City's approval. The response letter from LSF is
attached herein for reference.
The interim vehicles proposed by LSF are white cutaway vehicles that can accommodate twenty
(20) passengers and two (2) wheelchairs. The vehicles would be equipped with tracking units and
branded with the City's emblem on both sides of the vehicle for recognition. These four (4) vehicles
would be utilized for approximately three (3) months until the NEW Trolleys are delivered. The hours
of operation of the expedited service would be from 8:00 AM to 12:00 AM from Monday through
Sunday, with ten (10) minute headways.
Agenda ltem
Date979
Commission Memorandum - Title Vl Program Plan
June 1lth,2014
Page 2 of 3
CONCLUSION
The Administration is seeking guidance and direction lrom the City Commission with regards to the
use of interim vehicles to provide transit circulator services in the North Beach community as early
as July 201 4 until the new trolleys are placed in service by October 31 , 2014.
Attachment 1: Pictures of Proposed lnterim Vehicles
Attachment 2: Contractor Letter regarding lnterim Vehicles
nW .)ra
KGB/JFIG/JFG
T:\AGEN DA\2014Uune\lnterim Vehicles lor North Beach Circulator Services l\4emo.doc
980
981
ATTACHIvIENT 2
May 30,2014
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Atten : J u lian Guevara, operations supervisor, Transportation Department
RE: lnterim Vehicles for North Miami Beach Shutfle
Dear Mr. Guevara,
Per your request in having interim vehicles operate the North Beach shutfle
service prior to october 1, 2014 with the New Trolleys that have been ordered
and will not be available until october, we have researched and inquired on
trying to purchase or lease interim vehicles and the only option would be toprovide cutaway Minibuses for the interim period starting as soon as July 1,
2014.
fn orderto provide this service effective July 1, zo14in the interim vehicles, we
have identified vehicles and will have to purchase these vehicles, order and
install GPS Tracking, Radios, wiFl, signage, along with having to hire and train
drivers for the new routes All of these items take time and therefore it is
imperative that we have an answer ASAP.
lf you have any questions, please feel free to contact me at any time.
,.1
--/l..t44/
3300 S.W. 1l Avenue
Fort Lauderdale, Florida 33315
Phone: (954) 463-0845
Vice Presldent
982
4 MIAMI BEACH
Ciry of Miomi Beoch, I 700 Convenlion Cenler Drive, Miomi Beoch, Florido 331 39, www miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of he City Cpmmission
Jimmy L. Morales, City Manager
June 11,2014
A PRESENTATION ON A NORTH EACH BRANDING THEME
ADMINISTRATION RECOMMENDATION
N/A
BACKGROUND
The Mayor's Blue Ribbon Panel on North Beach was appointed by the Mayor in March of 2014
to provide recommendations to the Mayor and Commission on the revitalization of North Beach.
One of the first items that Panel took up was the lack of identity and/or common theme on which
to promote the area and which to consider in the design of key public installations (i.e. entrance
signs and features, bridge designs, decorative banners). The City enlisted the Greater Miami
Convention and Visitors Bureau (CVB) to assist in this effort. The CVB, at no cost to the City,
provided the services of their contract branding firm, Turkel Brands. Experienced in such efforts
locally, nationally, and internationally, Bruce Turkel, principal of Turkel Brands, led three
workshops with the members of the Blue Ribbon Panel along with several North Beach
stakeholders suggested by the members of the City Commission. This group included the
following individuals:
Members of the Mayor's Blue Ribbon Panel on North Beach:
Ricky Arriola, Chair
Daniel Veitia
Margueritte Ramos
FROM:
DATE:
SUBJECT:
I nvited Participant Stakeholders:
Carol Housen
Mark Alhadeff
Eneida Mena
Diana Susi
Mark Weithorn
Betsy Perez
Mickey Minagorri
Scott Sandelin
The three meetings of this group were noticed as meetings of the Blue Ribbon Panel and were
open to the public. Each meeting lasted approximately three hours. During the meetings, Mr.
Turkel led the group through discussions on what North Beach has to offer, what makes it
unique from other neighborhoods or cities in South Florida, and what simple words brought
everything together in a manner that would be easy to convey to the public on why they should
experience North Beach.
983
City Commission Memorandum
Nofth Beach Branding Theme
June 11,2014 Page 2
The sessions concluded when a single theme that all the participants agreed upon was
presented. The branding theme which was agreed to is "North Beach - Beach, Bay, Bikes,
Bandshell.' The participants all agreed that this theme conveys their thoughts that North Beach
is a place to which one can go to be active and experience the outdoors unlike any other place
in the City or the area and the alliteration by using words starting with "B' creates a memorable
theme. Additionally, the group agreed that this theme could be used with rotating words
describing activity that start with the letter "8". Words such as boating, bed and breakfast,
boutique, bridges, beachwalk and others, could be randomly rotated into the four word
descriptive terms in the theme during different events or promotions.
ln addition to this theme, a potential tag line of 'North Beach - B Herel" was created as a line by
which to sell the theme. The Blue Ribbon Panel members and the invited pa(icipants all
agreed that the tagline would work well in conveying the theme and playing on the '8" theme in
promoting North Beach.
CONCLUSION
Bruce Turkel of Turkel Brands wlll present the North Beach branding theme to the Commission
at the June 11 ,2014 Commission Meeting.
984
g MIAMIBEACH
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: June 1 1th,2014
SUBJECT: ClBORestaurant
MEMORANDUM
Please place a discussion item on the agenda regarding CIBO Restaurant.
lf there are any queslions or concerns, please do not hesitate to contact Alex
Miranda at AlexMiranda@MiamiBeachFL.gov.
Asenda nem R?Lt
Date 6-ll-/t/985
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986
b MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: June 4th, 2014
SUBJECT: Agenda item for June 1 1th ,2014 City Commission Meeting
Please place on the June 111h, 2014 City Commission Meeting, a
discussion regarding proposed ballot question "City Property Valuation -
Fair Market Value".
Attached please find proposed ballot language and proposed amended
City Charler text prepared by the City Attorney's office.
Commissioner Tobin respectfully requests a 9am time certain for this item.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
Asenda nem R?il
oate 6-//-//987
CITY OF MIAMI BEACH CHARTER SECTION 1.03:
PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTERTEXT
NOVEMBER 4,2014 SPECIAL ELECTION.
I. PROPOSED BALLOT QUESTION:
City Charter Section 1.03:
Citv Property Valuation--Fair Market Value.
Shall City Charter section 1.03 goveming "Powers of City" be amended to require that the sale, exchange,
conveyance, transfer, or lease often years or longer ofany City-owned real property interest be at no less than'fair market value, subject to waiver of said requirement by a seven-sevenths vote of the City Commission
finding such waiver to be in the public interest, following a duly noticed public hearing thereon?
Yes
No
II. PROPOSED AMENDED CITY CHARTER TEXT:
City of Miami Beach Charter:
. Sec. 1.0.1. Powers of eCity.
(a) General. The City shall have all governmental, corporate, and proprietary powers to enable it to conduct
municipal govemment, perform municipal functions, and render municipal services, and may exercise any
power for municipal purposes except as expressly prohibited by law or this Charter.
(b) Alienability of property.
l The only limitation concerning alienability of City-owned park, recreation or waterfront property is
the restriction of the sale, exchange, conveyance or lease of ten (10) years or longer (including option periods)
of park, recreation, or waterfront property in the City of Miami Beach, unless such sale, exchange,
conveyance or lease is approved by a majority vote of the voters in a City-wide referendum. This provision
shall be liberally construed in favor of the preservation of all park, recreation and waterfront lands.
2. The sale, exchange, conveyance or lease of ten years or longer of the following properties shall also
require approval by a majority vote of the voters in a City-wide referendum: (l) Lots West of the North Shore
Open Space Park: All City-owned property bounded by 87th Street on the North, Collins Avenue on the East,
79th Street on the South, and Collins Court on the West; (2) Cultural Campus: All City-owned property
bounded by 22nd Street on the North, Park Avenue on the West, 2lst Street on the South, and Miami Beach
Drive on the East; (3) 72nd Street Parking Lot: The City-owned surface parking lot bounded by 73rd Street on
the North, Collins Avenue on the East, 72nd Street on the South, and Harding Avenue on the West; and (a)
Lincoln Road Parking Lots: All 'City-owned surface parking lots in the vicinity of Lincoln Road located
within the area bounded by 17th Street on the North, Euclid Avenue on the East, l6th Street on the South, and
W'est Avenue on the West.
3. The sale, exchange, conveyance or lease of ten years or longer of the following properties shall
require approval by vote of at least sixty (60) percent of the City's voters voting thereon in a City-wide
referendum: (L) Convention Center Parking Lots: All City-owned surface parking lots located in the Civic and
Convention Center District, generally bounded by Lincoln Lane on the South, Washington Avenue on the
East, Meridian Avenue on the West and Dade Boulevard on the North; (2) Convention Center Campus: All
City-owned property, except for the Convention Center and Carl Fisher Club House, located within the Civic
988
and Convention Center District (includes City Hall, 1701 Meridian Street, 555 lTth Street, 21st Street
Community Center, The Fillmore Miami Beach/Jackie Gleason Theater, and the 17th Street Parking Garage).
All local laws, charter provisions and ordinances of the City in conflict with this provision are hereby
repealed. This provision shall become effective immediately upon acceptance of the certification of election
results by the City Commission.
4. The sale, exchange, conveyance or lease often years or longer ofall remaining City-owned property
(other than public beach rights-of-way (d) herein below, and other than those properties addressed
more specifically in this Charter section 1.03) shall, as provided by Ordinance, require approval by a majority
417 vote of all members of the Planning Board and 6/7 vote of the City Commission.
5. The terms of this Charter section shall not apply to any valid written contractual commitments or bids
or bonded indebtedness, which commitments, bids or indebtedness existed prior to January 14,2OO4; nor shall
this Charter section apply to any City property which is the subject of a settlements of a claim which the City
had notice ofas ofJanuary 14,2004.
(c) 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 zoned floor area ratio as it exists on the date ofadoption of
this Charter Amendment [November 7,20011, including any limitations on floor area ratios which are in effect
by virtue of development agreements through the full term of such agreements, unless any such increase in
zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami
Beach. The provision shall not preclude or otherwise affect the division of lots, or the aggregation of
development rights on unified abutting parcels, as may be pennitted by ordinance. In addition, this provision
shall not apply to settlements of any claims the City has notice of as of December 10, 2003. This Charter
Amendment shall become effective on the day after its approval by the voters of the City of Miami Beach. No
rights in derogation of the provisions of this Amendment under any ordinance or any other action of the Miami
Beach City Commission between the time this measure is approved by the Miami Beach City Commission for
placement on a ballot and the adoption of this Amendment shall be enforced against the City of Miami Beach,
(d) Public Beach Rights-of-Way. The sale, exchange, conveyance, lease, or any other transfer of any City
interest in a public beach right-of-way (extending eastward from Collins Avenue/Ocean Drive to the erosion
control line) shall require approval by a majority vote of the voters in a Cityvide referendum, excluding permits
of no greater than one year, and excluding the sale, exchange, conveyance, lease or any other transfer not
exceeding llYo in width of such public beach right-of-way.
($ Public Street-Ends Bordering GU, GC, or Waterfront Land. The sale, exchange, conveyance, lease, or any
other transfer of any City interest in any public street-end bordering on land designated "Government IJse",
"Go1f Course" or Waterfront land, shall require either the unanimous approval of those members of the City
Commission with power to vote or approval by a majority vote of the voters in a Citywide referendum,
excluding a sale, exchange, conveyance, lease, or any other transfer not exceeding l0o/o in width ofsuch street-
end which advances a significant public purpose, and excluding underground utility easements.
(fl Yaluing the sale, exchanpe, conveyance. transfer. or lease of ten years or longer, of a CiN real oropertv
lzferesl. The sale. exchange. conveyance. ffansfer. or lease of ten lr'ears or longer. of any City-owned real
propertv interest inclusive of but not limited to those enumerated in this section shall be at no less than fair
market value as provided bv Ordinance. The cpnditions of this subsection may be waived bv a seven-sevenths
vote of the City Commission followine a dulv notiged public hearine thereon. upon a findins by the City
Commission that the public interest would be served bv waivins such condition.
989
THIS PAGE INTENTIONALLY LEFT BLANK
990
E MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Micky Steinberg, Vice-Mayor
DATE: June4,2014
SUBJECT: Agenda item for the June 11,2014 Commission Meeting
Please add to the June 11th Commission Agenda a discussion regarding the city's efforts to
optimize the timing of traffic signals in Miami Beach to minimize traffic congestion. I would
like staff to update the Mayor and commission on their efforts and provide us the
opportunity to give input to ensure that the process is being done to maximize results.
lf you have any questions please do not hesitate to call our office.
Thank you.
lathtane I rotino
On behalf of Vice-Mayor Steinberg
MIAMIBEAG}I
Vice-Mayor Micky Steinberg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-71 03 / Fax: 305-673-7096 / www.miamibeachfl.oov
We are comminod b providing excellent public sevice and safety to all who live, wotk and play in ou vibrant, tropical, historic
community.
We ore commitled to prov)dina excellal pti:)i,: se|tice and *;,,r,, t, oil "r,iu-, live, woti:, cntl plov in ixi vibtont, an".r, 'On"iJ" nir^ R?0
oate 6-//'/(/991
THIS PAGE INTENTIONALLY LEFT BLANK
992
&v M]AMIBEACH
OFFI€E OF THE CITY ATTORNEY
RAUI J. AGUIIA, CITY ATTORNTY
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CIry COMMISSION
CITY MANAGER JIMMY MORALES
COMMISSION MEMORANDUM
FROM:RAUL J. AGUILA +, t,nifuN-
crry ATToRNEy r* fo-
DATE: JUNE 11,2014
SUBJECT: RESOLUTION CALLING NOVEMBER 4, 2014 SPECIAL ELECTION: AMENDMENT
TO CITY CHARTER SECTION 2.07 GOVERNING PROCEDURES FOR THE FILLING
OF VACANCIES IN THE CIry COMMISSION.
The attached Resolution has been prepared calling for a City of Miami Beach Special Election to be
held on November 4, 2014 for the purpose of submitting to the City's voters the followlng ballot
question:
SHALL CITY CHARTER SECTION 2.07 WHICH ESTABLISHES PROCEDURES FOR THE
FILLING OF VACANCIES IN THE CITY COMMISSION BE AMENDED TO ESTABLISH
SPECIFIC PROCEDURES FOR THE FILLING OF VACANCY CAUSED BY RESIGNATION.
AND TO PROVIDE THAT IN THE EVENT THE CITY COMMISSION CHOOSES NOT TO FILL
A VACANCY BY APPOINTMENT THEN PROVISIONS RELATED TO A SPECIAL ELECTION
TO FILL SAID VACANCY SHALL BE ESTABLISHED IN THE CITY RESOLUTION CALLING
SAID SPECIAL ELECTION?
This Charter amendment is being presented for placement on a City ballot in order to address issues
previously faced by the City in filling vacancies in the City Commission. Specifically, although Charter
section 2.02 currently establishes a procedure for the filling of such vacancy (via Commission
appointment or electorate vote), its language has presented obstacles to the City's ability to conduct
such elections on a date concurrent with the City's regularly-scheduled General Election; inasmuch as
the vacancies that were the subject of these scheduling issues all stemmed from the filing of an
incumbent City Commission member's resignation, the proposed Charter amendments primarily
address specific procedures for filling vacancies in the Commission so caused by an incumbent's
resignation.
This matter is presented to the City Commission for discussion purposes only as adoption of the
attached Resolution may only occur on or after July 7, 2014 pursuant to Sec. 6.03 of the Miami-Dade
County Charter. Finally, pursuant to a directive of the Miami-Dade County Elections Department, the
final date by which the City may adopt its Resolution placing a ballot measure on the November 4,2014
ballot is August 5,2014.
RJA/JO
Asenda rt"* R{ P
oate 6'll'lY993
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAMI
BEACH, FLORIDA GALLING FOR A NOVEMBER 4,2014 SPECIAL ELECTION, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE GITY OF MIAMI
BEACH, FLORIDA A QUESTION ASKING WHETHER CITY CHARTER SECTION
2.07 WHICH ESTABLISHES PROCEDURES FOR THE FILLING OF VACANCIES IN
THE GITY COMMISSION SHOULD BE AMENDED TO ESTABLISH SPECIFIC
PROCEDURES FOR THE FILLING OF VACANCY CAUSED BY RESIGNATION, AND
TO PROVIDE THAT IN THE EVENT THE CITY COMMISSION CHOOSES NOT TO
FILL A VACANCY BY APPOINTMENT THEN PROVISIONS RELATED TO A
SPECIAL ELECTION TO FILL SAID VAGANCY SHALL BE ESTABLISHED IN THE
CITY RESOLUTION CALLING SAID SPECIAL ELECTION.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
sEcTtoN 1.
ln accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held
in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 4,
2014, for the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
said Special Election hereby called, with acceptance of the certification of the results of said
Special Election to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all
precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established
by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at
the polling places and the voting precincts as determined by the Miami-Dade County Election
Officials as set forth in the attached Exhibit "A".
994
sEcTtoN 4.
Not less than thirty days notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be
made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3
of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:OO
A.M. UNTIL 7:OO P,M. ON THE 4TH DAY OF NOVEMBER, 2014, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CIry OF MIAMI BEACH THE FOLLOWING
QUESTION:
CITY CHARTER SECTION 2.07:
AMENDING PROCEDURES FOR FILLING OF VACANCY IN COMMISSION.
SHALL CITY CHARTER SECTION 2.07 WHICH ESTABLISHES PROCEDURES FOR THE
FILLING OF VACANCIES IN THE CITY COMMISSION BE AMENDED TO ESTABLISH
SPECIFIG PROCEDURES FOR THE FILLING OF VACANCY CAUSED BY RESIGNATION,
AND TO PROVIDE THAT IN THE EVENT THE CITY COMMISSION CHOOSES NOT TO
FILL A VACANCY BY APPOINTMENT THEN PROVISIONS RELATED TO A SPECIAL
ELECTION TO FILL SAID VACANCY SHALL BE ESTABLISHED IN THE CITY
RESOLUTION CALLING SAID SPECIAL ELECTION?
YES
NO
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent
information regarding eligibility of electors to participate in said elections.
995
sEcTloN 6.
That the official ballot to be used in the Special Election to be held on November 4,
2014, hereby called, shall be in substantially the following form, to-wit:
..OFFICIAL BALLOT"
CITY GHARTER SECTION 2.07:
AMENDING PROCEDURES FOR FILLING OF VACANCY IN COMMISSION.
SHALL CITY CHARTER SECTION 2.07 WHICH ESTABLISHES PROCEDURES FOR THE
FILLING OF VACANCIES IN THE CITY COMMISSION BE AMENDED TO ESTABLISH
SPECIFIC PROCEDURES FOR THE FILLING OF VACANCY CAUSED BY RESIGNATION,
AND TO PROVIDE THAT IN THE EVENT THE CITY COMMISSION CHOOSES NOT TO
FILL A VACANCY BY APPOINTMENT THEN PROVISIONS RELATED TO A SPECIAL
ELECTION TO FILL SAID VACANCY SHALL BE ESTABLISHED IN THE CITY
RESOLUTION CALLING SAID SPECIAL ELECTION?
YES
NO
sEcTtoN 7.
The form of the ballots to be used in this Special Election and their preparation shall be
in compliance with all statutory requirements relating to the use of mechanical or other
approved voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in accordance
with the general law of the State of Florida governing voter registration. Qualified persons may
obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention
Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at
such other voter registration centers and during such times as may be provided by the
Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on _,2014. All
persons eligible to vote at this Special Election must be registered before the time and date set
forth herein or have registered previously, as provided by law. Each person desiring to become
996
a registered voter shall be responsible for properly filling out the registration form and returning
it to the Miami-Dade County Elections Office. All questions concerning voter registration
should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral,
Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating ln said
their ballots in accordance with the provisions of the
to absentee voting.
RAFAEL E. GRANADO
CITY CLERK
RJA/JO
Special Election shall be entitled to cast
Laws of the State of Florida with respect
APPI]OVED AS TO
FOiill & LAlrlGUAi;iE
& FOR [Xi:CUilOr'J
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11.
lf any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure.
SECTION 12,
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this day of 2014.
ATTEST:
PHILIP LEVINE
MAYOR
997
CITY CHARTER SECTION 2.07:
PROPOSED BALLOT QUESTION AND AMENDED CITY GHARTER TEXT
NOVEMBER 4,2014 SPECIAL ELECTION.
I. PROPOSED BALLOT QUESTION:
CITY CHARTER SECTION 2.07:
AMENDING PROCEDURES FOR FILLING OF VACANCY IN GOMMISSION.
SHALL CIry CHARTER SECTION 2.07 WHICH ESTABLISHES PROGEDURES FOR THE FILLING
OF VACANCIES IN THE CITY COMMISSION BE AMENDED TO ESTABLISH SPECIFIC
PROCEDURES FOR THE FILLING OF VAGANCY CAUSED BY RESIGNATION, AND TO PROVIDE
THAT IN THE EVENT THE CIry COMMISSION CHOOSES NOT TO FILL A VACANCY BY
APPOINTMENT THEN PROVISIONS RELATED TO A SPECIAL ELECTION TO FILL SAID
VACANCY SHALL BE ESTABLISHED IN THE CITY RESOLUTION CALLING SAID SPECIAL
ELECTION?
!I. PROPOSED AMENDED GITY CHARTER TEXT:
City of Miami Beach Charter, Sectlon 2.07:"Vacancies in eQity egommission."
Any vacancy occurring in the City Commission shall be filled as follows:
a) Vacancv for reasons other than resiqnation: The Citv Commission shall fill said vacancv by
the vote of the majority of the remaining members of said City Commission within 30 days after the
vacancv occurs and with the appointee serving the remainder of the unexpired term until the next
succeeding gGeneral City ellection and with any further remainder of said unexpired term to be filled
by a Commissioner member elected at said gGeneral ellection;. ilf the remaining members of the City
Commission shall fail or refuse to fill such vacancy within said 30 days period.
then a sSPecial
ellection shall be called and to be held within 90 days after expiration of the subiect 30 dav period to
elect a Commissioner member to fill such vacancy for the remainder of the unexpired term.
b) Vacancv due to resiqnation: The Commission shall fill said vacancv bv vote of the maioritv of
the remaininq members of the Commission within 30 davs from submittal of resionation to Citv Clerk,
with the appointee servinq the remainder of the unexpired term from the date the resiqninq official
would take office. if elected (assumino the resiqnation was filed pursuant to Florida Statute section
99.0'12) or from the subiect resiqnation's effective date (assuminq the resiqnation was not filed pursuant
to Florida Statute section 99.0'12); the appointee shall serve until the next succeedinq General Citv
Election and anv further remainder of the unexpired term shall be filled bv a Commission member
elected at said General Election. lf the remaininq members of the Citv Commission shall fail or refuse to
fill such vacancv within said 30 dav oeriod, then a Special Election shall be called to be held within 120
davs after expiration of the subiect 30 dav period to elect a Commission member to fill such vacancv for
the remainder of the unexpired term, but if a Citv General or Countv-wide election is scheduled to be
held within '1 80 davs after such 30 dav period has expired the Commission mav defer the required
Special Election until such Citv General or Countv-wide election. Anv person who has been elected to
fill a vacancv due to resiqnation filed pursuant to Florida Statute section 99.012 shall be installed and
take office no earlier than the date the resiqninq officlal would take office, if elected; anv person who
has been elected to fill a vacancv due to resiqnation not filed pursuant to Florida Statute section 99.012
shall be installed and take office no earlier than the effective date set forth in said resiqnation.
Provisions related to a Soecial Election called pursuant to this section, includinq the qualifyinq
period and Runoff Election (if required), shall be established in the Citv Resolution callino the Special
Election.
998
,,v,, I8tHX3 lntlvt_NlI999
Date: 1Ol4l2A13
Time: 1 1:32:354M
Pene'lope Townsley
Supervisor of Elections
Precincts List by Election (Numeric Seq)
For Election #: 661 Miarni-Dade County Special Election
Miami-Dade Couniy, FL
November 05, 2013
PCT
001.0
002.0
003.0
004.0
005.0
006.0
007.0
008.0
009.0
010.0
011 .0
0"12.0
013 0
014.0
015.0
016.0
'or
z.o
0'18.0
01s.c
020.0
022.O
023,0
024.0
025.0
026.0
027 .0
028.0
029.0
030.0
03'i.0
033.0
034.0
035.0
UJO,U
o37.0
UJd U
040.0
041.0
442.4
043.0
044_0
045.0
046.0
Zp Ccde
33160
33160
33160
JJ'JbU
JJ IOU
s3154
33154
J.t t 54
33141
J.t l4
33150
331 4'1
't 'l tl.1
3314i
.:J I+U
33141
33140
3314C
JJIJ:
114 Ar,
33139
33139
"a 110
33139
33139
JJ IJV
33'139
JJ I+U
T
Place Name
Sunny Isies Beach Gove!-nment Ctr
St. Mary Magdalen Catholic Church
Wnston Towers Assoc.- Bldg 100
lntercoastal Yacht Club
Arlen House Condo West '
Church By The Sea
Bay Harbor Town Hall
Ruth K Broad Elementary Schocl
Town of Surfside
Town of SurFside
Biscayne Elementary School
unurch BV lne sea
North Slrore Branch Library
North Shore Park YoL'th Center
Normandy Shores Golf Club
Treasure lsland Elernentary School
Treasure lsland Elementary School
ln{iian Creek Fire Statior #4
Normandy Part & Pool
lliami Beach Fire Station #3
Ncrlh Shore Park Youth Center
No:-ih Shore Park Youth Center
Miami Beach Fire Stat on #3
Miami Beach Fire Station #3
Nautilus lr,4iddle Schcol
lvliami Beach Fire Statlon #3
Temp e Beth Sholo,.n
Miami Beach Regional Library
Temple Beth Sholom
North Beach Eiementary Schooi
Mi6mi Beach Boianlcal Gard€n
Miami CIty Ballet
fi/liami Beach Regional Library
Miam j Beach Sr. HIgh School
,Mlami Beach Botanical Garden
Uiami Beach Sr. Hlgh Schcol
I',4iami Beach Police Athletic Leagle
Miami Beach City Halt
Ve'lerans Foreign War Posi #3559
lr1]ami Beach Police Athletic League
South Pointe Elementary School
SoLih Shoie Community Center
Fienberg Fisher K-8 Center Schoot
IViraant Heacn Hottce L)epadrnent
Solrlh Pointe Park Cornmunity Center
Miami C ty Ballet
SoLrth Shore Communily Cenier
Office Location
18070 Collins Ave
17775 N Bay Rd
250 - 174 St
16900 North Bay Rd
500 Bayview Dr
s01 - 96 St
9665 Bay Harbor Ter
1155-93St
9293 Harding Ave
9293 Harding Ave
80c - 77 St
s01 - 96 St
7501 Collins Ave
501 - 72 St
2401 Biariiz Drive
7540 E Treasure Dr
7540 E Treasure Dr
6830 lndian Creek Dr
7030 Trouville Espianacie
5303 Collins Ave
501 - 72 Sr
5303 Collins Ave
5303 Ccllins Ave
430i N tulichlgan Ave
5303 Coiiins Ave
4'144 Chese Ave
227-22 St
4144 Chase Ave
4100 Pra:le A,re
2000 Convention Cer:ter Dr
2200 Liberty Ave
2231 Pralrie Ave
2000 Convention Center Dr
2231 Prairie Ave
999-11St
17C0 Convention Center Dr
650 West Ave
999-11St
1050 - 4 St
833-6Si
601 - 14 Pl
1 100 Washington Ave
1 Yvashington Ave
2200 Liberty Ave
833-6St
Cltv Name
Sunny lsles Bea6h
Sunny lsles Beach
Sunny lsles Beach
Sunny Isles Beach
Sunny lsles Beach
Bal Harbour
Bay Harbor lslands
Bay Harbor lslands
Surfside
Su side
Miami Beach
Bal Harbcui-
L4iami Beach
Miami Beach
Miami Beach
North Bay Village
N Bay Village
Miam Beach
Mlaml Eeach
Mlami Beach
Miami Beach
l\,{iami Eeach
Miami Beach
lVrami Beach
Miami Beach
Miani Beach
Miami Beach
Miami Beach
Miami Beach
Miami Beach
Miami Beach
l\illami Beach
Miami Beacn
l/iami Beach
Miami Beacli
Miami Beach
Miami Beach
Miami Beach
Mrami Beach
l\,4iami Beach
Mlami Beach
M iami Beach
Miami Beach
iVIiar'nl Beach
lMlami Beach
Miami Beach
tuliami Eeach
(v 6.2)
1000
Date: 1014i2013
Time: 1 1:32:35AM
PCT Place_Name
047.0 Rebecea Towers
048.0 R€becca Towers
049.0 Key Biscayne Community Center
050.0 Key Biscayne Comrnoniiy Cenier
051.0 Key Biscayne Communiiy Cenier
052.0 Key Biscayne Community Center
053.0 Nr'iami Beach Sr. Hlgh School
059.0 C. LaMon McCa I Community Center
060.0 C. La,d(on Mcca ICommunity Center
061-0 St. Basil Cathollc Church Hatl
062.0 Mt. Zion Ame Church
063.0 New Birth Church East
064.0 New Birth Church East
065.0 Uleta Communiiy Center
066.0 Rebecca Tor,vers
067.0 Sunny lsles Beach Government Ctr
068.0 Arlen House Concio West
069 0 Phyllis R. llllller Elernentary School
070.0 El Poftal Village Hal!
071.0 Notr'h Miami E ementary School
101 0 Highland Oaks E ementary Schoot
'101.1 Highland Oaks Elernentary School
102C Aventura Community Recreation Ctr
103 0 Aventura Government Center
104 0 Ojus Recreation Cenier
104 1 Ojus Recreation Center
105.0 Highland Oaks Middle School
106.0 Greynolds Park Elementary Schoo!
107.0 Norlh Miami Beach Fire Station #31
108.0 Ne\,v Hcrizons Condominium Assoc
109 C Aventura Govei"nment Center
1i0 0 tularjorje^illliarn lvlcDonaid Center
11'1.0 Comrnodore Pleza Tower Il
1i2 0 Plaza Del Prado Condominium
1 13 0 Po nt Easr Ccnco,n,nir-m
1.15.0 tu'lariorie,&VilliamMcDonalCCenter
116.0 Uleta Cornrnunity Center
1 16.1 Uleta Con munity Center
' " ( O Uleta Cor muniiy Cente'
118 0 John F. Kennedy Middte Schoot
1 19 0 cedrude K. Edetman/Sabal Paim Elem. School
120 A Ncilh Miaml Baach Sr. High Schoci
121.0 Fu ford Unlted l,,lethodisi Church
123.4 Marjorie^AiiiliamMcDoralcjCenter
'?4 O Ede1 ls es Cor(pm 6ir-rn
125.4 High aqd V llage
125.9 Highland Vlllage
Peneiope Torvnsley
Supervisor of Elections
Precincts List by Election (Numeric Seq)
For Election #: 661 MiamiDade County Special Election
ffi
MIAHI,DADEEr,ilf,iflw
Nliami-Dade County FL
Office Location
200 Alton Rd
200 Allon Rd
'10 Village Green Way
10 Village Green Way
'10 Village Green Way
10 Village Green Way
2231 Prairie Ave
9617 Park Drive
9617 Park Drive
1475 NE 199 St
15250 NW 22 Ave
13230 NW 7 Ave
13230 NW 7 Ave
16880 NE 4 Ave
200 Alton Rd
18070 Collins Ave
500 Bayvlevr Dr
840 NE 87 St
ATE I\ E ,' ,,I E C+
2050C NE 24 Ave
20500 NE 24 Ave
3375 NE 1 88 St
.1 9200 W Counrr' Club Dr
1 8395 W Dixie Hwy
1 8995 W Dixie Hwy
2375 NE 203 St
1536 NE 179 St
'1 7050 N E 19 Ave
'1500 NE 191 Sr
19200 W Country Ciub Dr
17051 NE 19 Ave
2750 NE 183 St
18011 Biscayne Blvd
2895 Point East Dr
17051 NE 19 Ave
16880 NE 4 Ave
16880 NE 4 Ave
16880 NE 4 Ave
1075 NE 167 Sr
'17101 NE 7 Ave
1247 NE 167 St
1900 NE 164 St
17051 NE 19 Ave
16975 NE 35 Ave
13621 NE 21 A'/e
13421 NE 21 ,qve
November 05, 2013
Citv Name
Miami
Miami
Key Biscayne
Key Bisoayne
Key Biscayne
Key Biscayne
Miami Beach
iliarni Shores
Miarni Shores
Miarni
Mian, i
Miami
Miami
N Miami Beach
Miami
Sunny lsles Beach
Sunny isles Beach
Miami
M;arn i
Nodh tu1iami
Miami
Miami
Aventura
Aventura
fJtiarn i
Miarni
l-4 iarn i
lliami
Miami
Miami
N M aml Beach
Aventura
Aventura
Aveniura
N Miami Beach
N $,,liam i Beach
N l,4iami Beach
N Miami Beach
N Mlaml Beach
tuliami
Miami
N Miami Beach
N lvliemi E€ach
N tu1iami B€ach
N l\4 aml Beach
N Mlami Beach
Zlp Code
JJIJ:
33149
33143
33143
33'149
33054
JJ OI
33'167
JJ OI
33139
33160
33160
J-1 tJd
33138
JJIOI
JJ IdU
33180
33'180
33179
33179
.1.1 I flu
33179
33179
33179
33180
33160
33160
33160
33162
33162
33162
33162
JJ IOZ
33160
33181
33181
126.0 T Fulford Elementary School 16140 NE l8Ave N Mtant Beach 33 j62
Page2of?3 Precisct Elec (v 6 2)
1001
Date: 101412A13
TinTe: 11:32:35AM
Penelope Torvnsley
Supelvisor ot ElEctjons
Precincts List by Election (Numeric Seq)
For Election #: 661 Miami-Dade County Special Election
EffiL
MIAHI.DADEH
ffi#ls.:tiEi@
Miarni-Dade Co nty, FL
November 05, 2013
uu.,
127.0
128 0
129,0
1 30.0
131.0
133.0
134.0
136.0
lJ/ I
138.0
139.0
140.0
'141 .0
142 0
144.Q
144.1
I .+3 U
t.]o.u
150.0
150.1
is1.0
152.4
152.1
153.0
tJ. l
aJz
154.0
I J5.U
tco u
til/.u
158.0
159.0
161 0
162.0
164.0
105 0
Place Name
T Fulford Elementary School
Washingtcn Park Community Ceoter
Oak Grove Park
North Miami Beach Church Nazarene
First Baptist Church of Greaier Mia
Thomss Jefferson Middle School
Thonras Jefferson Middle School
Miami-Dade County Fire Station #19
Fulford Uniied Methodist Church
Sunkisi Grove Community Center
l\4iami Union Academy
North Mraml Jaycees
No(h l\,4lai.ni Jayc€es
North Mlap,ri Elementary School
North Miami .Jaycees
Haitian Evangelical Baptist Church
Norlh tuliaml Publlc Library
Shalom Comm unity Church
First Church Of North Miarni
First Church Of North tuliarni
First Church Of North I iami
First Church Of North Mian i
Naiijral Bridge EIementary School
Keystone Park Communlty Center
Senetor G\yen Margolis Community Ctr
Beth Moshe Congregaflon
Senator Gr,ven i\4argo;s Cornrnunty Ctr
Senaior Gwen l4argolis Comrninity Ctr
Sen6tor Gwei l\43rgolis Commu ity Ctr
Ed Burke Recreation Center
Ed Burke Recreation Centet
r North tul1ami Jaycees
T No(h Ml6mi Jaycees
Stanton lVemorial Bapiist Church
Stanton l\,,lemorial Baptlst Church
Stanton l\4emorial Baptist Church
Stanton Mernorial Baptist Church
Hubert O. Sibley Elementary School
lv'liami Shores EIementary School
Catholic Community Svc. Sr. Center
C. Lavr'tcn Mccall Community Cenier
Phyllis R. [4iller Elementary Schcol
Ei Portal Village Hall
Horace [\4ann Micidle SchooT
Edlson Neighborhood Center
Senator Glven l,4argolls Community Ctr
Ivliami-Dade County Fire S.iation #20
Office Location
'16140 NE 18 Ave
1 5290 NE 15 Ct
690 NE 159 St
16450 NE 4 Ave
15395 N Miami Ave
525 NW 147 St
525 NW 147 Si
650 NW 131 St
1900 NE 164 St
12500 NW 13 Ave
12600 NW 4 Ave
12100 W Dixie Hwy
12100 W Dixie Hwy
655 NE 145 St
12100 W Dixie Hwy
'14455 Memorial H,rlry
835 NE 132 St
900 NE 132 St
1200 NE 135 St
'1200 NE 135 St
IZUU I\- JJ \)I
1200 NE 135 St
1650 NE 141 St
13050 lxora Ct
1s90 NE 123 St
2225 NE 121 Sr
1590 NE 123 St
'1<Cn Nttr -t .)1 c!
1590 NE '123 Sr
'11400 NE I Cr
1"i400 NE I Ct
12i 0G W Dixie Hy/y
12100 W Dixie Hwy
50 NE 11S St
50 NE 11! Sr
50 NE 119 St
50 NE 119 St
255 NW 115 St
1035'1 NE 5 Ave
9900 NE 2 Ave
9617 Park Drive
840 NE 87 St
500 NE 87 St
8950 NW 2 Ave
150 NW 79 Si
i59C NE 123 St
'i 30C0 NF 16 Ave
Citv Name
N lMiarni Beach
N l\,4iami Beach
Miami
Miami
Miami
lVliami
Miami
North Miami
N Miaml Beach
North Mlami
North N'liami
Nodh Mlami
North Miami
Ncrih Miami
North Mlami
North l\4iami
North f,.4iami
North Miami
North Miarni
North lriliami
North Miami
North Miarni
Ncrth l\4iami
No(h Miami
Nolth lliar,'ri
Ncrth Miami
Nsdh Miami
Mlami
Miami
Biscayne Fark
Biscayne Fark
Nolh Miam!
North l,4iami
Miami
Miarni
Miami
Miai'i1i
lvliani
i,,liami Shcres
Miami Shores
Miami Shores
lvliam i
Ivl iam i
fulian,i
Uiami
tuliami
North Miaml
Zlo Code
JJ L01
33162
JJ IOI
33162
33168
JJ JOd
JJIOO
33168
JJ ]OZ
33167
JJ 06
JJ OI
33 1 6'l
33161
JJ 1O I
33'161
33'1 61
JJ IO I
33161
-)J O I
JJ O I
JJIOI
JJIOI
JJIOI
331e1
33161
33't 6'1
33161
-1JlCl
JJ IO
-1J IOO
JJ IJO
33138
JJiJO
33138
33150
33150
lJ to
1002
Dater 101412013
Tirne: 1 1:32:35AM
PCT Place Neme
165.1 Miarni-Dade County Fire Station #2C
165.2 l,4iaml-Dade County Ftre Station #20
165.3 ltrliami-Dade County Fire Station #20'166,0 Uleta Community Center'167.0 Goulds Church Of Chrisi
167 .1 Goulds Church Of Christ
169.0 Senator G!,,ren Margo is Co,,r.,munity Ctr17A.0 North Miaml Eiementary School
172.0 Sunkisl Grove Cornmunity Cenler
173.0 Canie F. Meek Etementary School
174,0 Mismi Unjon Acaderny
I 75 0 North Miami Public Library
176.0 Senator Gr/en Margolis Community Ctr
177.0 Ed Bu!'ke Recreaticn Centsr
178.0 T North IVIian-,i Jaycees
179.0 C. La,,tton Mccall Communiiy Center
180,0 C. La\,\,ton Llccall Community Center
181 0 C, Lawton lvlcCall Community Center
182.0 Grifiing Senior Cilizens Center
183.0 Horace fu1ann [*idd]e School
184 0 Aventura Communii.y Recreation Ctr
'185 0 lrliami-Dade County Fii.e Stat,on #1 g
i86.0 Aventura Comrnunlty Recreaiton Cir
187.0 Griffing Senior Citjzens Cenier
188 0 Henry Reeves Elementary School
189 0 Hartian Evangelical Bapiist Church
1 91.0 Country !\'alk Paix Recreation Ctr
192.0 D,. cilbert Port?r Elem School
200.0 Eureka Viltas Park
201.0 Landmark Campus
2OZ O Landrnark Campu$
203.0 North County Elementary School
243 I North County Elementary Schoo)
204 0 Antioch Mjssionary Baptist Church
205.0 Robert Renlck Educai;onal Ctr
206.0 Norland United fulethodist Church
2A7 A Ro Mont Souih Rec Hall
208.0 Lake Par< Condo.riniur.Ll
2Ag 1 La.e Perk Condoririum
209.0 lr,4adle lves Eleme ntary School
21 0 0 St. Basil Cathotic Church Hall
211.A Hibiscus E,ementary School
212.0 Star Lakes Association Inc.
213.A North Dade Commurity Ch.lrch
214 A Eprscooal Church Oi the Hoiy Family
215 0 Sier.a Nor,,,vocd Calvary Bapt Church
216 0 Grace Uniied Community Church
217 0 Hotel Roma Golden Glades
Penelope Townsley
Supeavisor ol Elections
Precincts List by Election (Numerie Seq)
For Election #: 661 Miami"Dade County Special Election
8@
MlAHI.OADEE
'i:lJ.u.!ffi
mi-Dade County, FL
Oflice Location
13000 NE l6 Ave
13000 NE 16 Ave
13000 NE 16 Ave
16880 NE 4 Ave
22800 SW 1 '12 Ave
22 800 SW 112 Ave
1590 NE 123 St
655 NE 145 St
12500 NW 13 Ave
2101 NW 127 Sr
12600 NW 4 Ave
835 NE 132 Sr
1590 NE 123 Si
1'1400 NE 9 Ct
'i2100 W Dlxie Hr,,ry
9617 Park Drive
9617 Park Drive
9617 Park Drive
'12220 Griffing Blvd
8950 NW 2 Ave
3375 NE .188 St
650 NW Is1 Si
J.J/ J tE tOO Ot
'12220 Griffing Blvd
2005 NW '1 1'1 St
14455 Memorial Hu4/
14801 Country Walk Dr
1585i SW 112 St
14301 SVli 180 Sr
20000 NW 47 Ave
20000 NW 47 Arze
3250 NW207 Sr
3250 NW 207 St
3330 NW 213 Ter
2201 NW 207 Si
885 NW 19s Sr
20314 NE 2 Ave
900 NE '1 99 St
900 NE 199 St
2C770 NE 14 Ave
1475 NE 199 St
'18701 NW 1 Ave
30'i NE 1Sl St
700 NyJ 175 St
1850'l NW 7 A!€
19101 NW 5 Ave
901 NW 183 St
16805 N\r'J 12 Ave
November 05, 2013
Cit'/ Name
Norlh Miami
Norlh Miami
Nodh l\,,liami
N l\.4iami Beach
Miami
Miami
Norlh Miami
Norlh Uiami
North Miami
Miami
Noith Miami
Norlh Miarnl
Notlh Miami
Biscayne Park
North Miami
Miami Shores
Miami Shores
Miami Shores
North lViami
Miami
Aventu ra
North l\iliarn i
Aventu ra
North Mi:mi
Mianri
Norih [,4larni
l.l;ami
Miami
Miami
Miami Gardens
Miami Gardens
Miami Gardefts
l\4;ami G€rdens
lvliami Gardens
Illarni Gardens
Lliarnr Gardens
Lillami
M iami
ll]iami
Miami
Miami
Miami Gardens
Miam i
l',1 aml Gardens
ii,'iiami Gardens
tuIiami Gardens
fu1iami Gardens
l,4iami Gardens
Zio Code
JJIOI
JJIOI
JJ IOZ
33170
JJIOI
33161
33167
33167
3316 1
JJIOI
33161
33161
JJ IJO
JJ IJ6
JJIOI
3315C
JJ ]5U
33i 68
33180
33't 61
JJ O/
33161
3316e
33196
33056
33055
33055
33179
33169
1ai7o
33169
33'16-c
33169
33169
Page 4 of 23 (v.6
1003
Date: 101412013
Time: 11:32:35AIvl
PCT Place Narne
217 1 Hotel Rorra Golden Glaoes
218.0 North Dade Mlddle Schooi
21S.0 Bunche Park Elementary School
224.0 New Way Fetlowshlp Bapflst Church
221 .O Parkview Elementary School
222,4 Miami Gardens Church of Chrrst
223,0 Cosmopolilan Baptist Church
224.0 Miami Carol C iy Senior High
225.0 Myrtle crove Presbyterian Church
226.0 Go den Glades Elementary Schooi
2?7 .O A. J. King Park
2?B.A Carol Ciiy Mlddle Schoot
229.O lglesia Adventista De Carol Ciiy
230,0 Lake Stevens Middle School
23't .0 Blble Baptist Church
232.0 Norih Glade Elementary Schcol
233 O Florlda l/emorial University
234.0 Mt. Zion Arne Church
235 A Opa-Locka UTD Metnodist Church
234.0 Westviel# Baptist Church, lnc.
237 0 Nathan B. Young Elernentary Schooi
237 1 Nathan B Young Eiemertary Schooi
238.0 Neu.,Birlh Churcn East
239.0 New Btrth Church East
240.0 Carrie P. lt,leek Elementary School
241.0 Mlarni Park Elernentary School
241 1 i!4iami Park Elernentary School
242 0 Lakevie'g Element3ry School
242.1 Lakevie,riElernentarySchool
2$ A Faith Community Baptrst Chu.ch
243 1 Faith Community Baptisi Church
244.0 Turin Lakes Communiiy Center
245.4 Blble Baptist Church
245.1 Bible Baptist Church
216.0 Mi. Zion Apostolic Temple
247 .0 ir{adison fuliddle School
24AO North Cenlral Branch Library
?18' Nori. Cenrral Brarcl Library
249 0 Cov€ne:1t Palms Housing project
250 0 Mi Carmel lvlissioaary Baptist Church
251.0 Arcola Lakes Community park
l5l.O Arcola Perk
252.1 Arccla Park
253 0 Palm Couri Apartments
254 0 The Highvray Church of Apostie Faith
255 0 Llllie C. Evans Elementary School
255 1 Li lie C. Evans Elementary Schco
ffir
iIIAIII.DADEHffiw
Miami-Dade County, FL
November 05, 2013
Penelope Townsley
Supervisor of EIectigng
Precincts List by Election (Numeric Seq)
For Election #: 661 Miami-Dade County Special Election
O,'iice LocaUon
'16805 NW 12 Ave
1840 NW 157 Sr
16001 Bunche Pk Sch Dr
16800 NW 22 Ave
17631 NW 20 Ave
2255 NW 183 Sr
3003 NW207 Sr
3301 lvliami cardens Dr
2961 NW 175 Sr
16520 NW 28 Ave
4230 NW 178 St
3737 NW 188 St
4450 NW ,.83 St
18484 NW 46 Pi
17701 NYJ 57 Ave
5000 NW 177 Sr
15800 N\r'J 42 A!€
15250 NW 22 Ave
630 Sharar Ave
13301 NW 24 Ave
14120 NW 24 Ave
'14120 NW24 Ave
IJZJU
'\
VV / AVE
13230 NU,/ 7 Ave
210 i NW 127 St
2225 NW 103 Sr
2225 NW 103 St
.1290 NW'115 St
1290 NW 1 15 Sr
10401 NW I Ave
10,i01 NW 8 Ave
1221 NW 95 St
9801 NW 24 Ave
9801 NW 24 Ave
9300 NW 32 Ave
3400 NW 87 St
9590 NW 27 Ave
9590 NW 27 Ave
8400 NW 25 Ave
1745 NW 79 St
13C1 NW 83 St
1680 NW 87 St
1680 N\ry 87 St
930 NW 95 St
2 f41 NW 76 Si
1 895 N\,V 75 St
18S5 NW 75 St
Citv Name
Miami Gardens
lrliamiGardens
f,,liam1 Gardens
Miami Gardens
Miami Gardens
Miami Gardens
Miami Gardens
Miarni Gardens
tuliami Gardens
Miami Gardens
Miami Gardens
Miami Gardens
Miami Gardens
Miami
Miami
I,,,iiamI
l,4iami Gardens
Miami
Cpa Locka
I\,4iami
Opa Lccka
Opa Locka
Lrllami
Mlami
lViami
l\.,llan'i
Miami
[4iami
Miami
Miami
l,4iami
lliami
Miami
Miarni
Miaml
Miami
Mian, j
tuliami
tuliami
Miami
Miami
tul iam i
I iami
Mraml
Miami
l,4iaml
I\,{iami
Zio Code
3316S
33054
33056
33056
33056
33056
330s6
33054
33056
33054
33054
JJ IO/
33167
JJ IO/
33147
33147
33163
33150
331 50
33147
JJ 4I
33117
33147
33147
lJ 4/
33'150
Elec (v 6.2)
1004
Date: 101412013
T me: 1 1:32:35Alu
Penelope To'"vnsley
Supew:sor of Elections
Precincts List by Election (Numeric Seq)
For EbcIon #: 661 Miami.Dade County Speciai Eleclion
Miami-Dade County, FL
November 05, 2013
PCT
294.0
295.0
296.0
301.0
302.0
303.0
304.0
305.0
300.o
308.0
30s.0
310.0
J IJ U
314.0
314.1
316.0
3 '17.0
319.0
32C,0
.,r< i
322 0
323,0
324.0
325.0
326,0
328.0
329.0
329.1
330.0
330 1
JJIU
331.1
??, n
333 0
'11) a
335.0
cJc I
336 0
337.0
Zip Gode
33169
330s6
33015
33015
3301s
.1JU 5
330'14
JJU ]O
33014
33014
33167
JJU J
33013
33012
33012
33014
330'12
JJU O
330'12
330'2
330'1 3
33013
33C 13
33013
330'12
33010
33014
330'1 0
33010
33010
33! 10
JJU II
Place Name
Nodh Dade Communily Church
North Dade Regional Library
Dr. Roberl B.lngram Elemen School
Nodh Palrn Eaptist Church
Norman & iean Reach Park
Sunrlse Presbyterian Church
Country Village Part
Miami Lakas Branch Library
Miami Lakes tuliddle School
Miami Lakes Utd Methodlst Church
Miami Lakes K-B Cenier School
Carl F. Slade Park
Hialeah-Miami Lakes Sr, High School
The Salvation Army
Cristo Vive Hermanos En Cristo
Westvie\r Baptist Church, lnc.
Hialeah lJidl e School
Hialeah Middle School
Palm Springs Elementary Schooi
O'Quinn Park
Hiaieah Fir-e Station #5
John G. D: Purs Eleme.ia] School
Vicior Wilde Con'rmunity Cenier
Sparks Park
Vlctor Wilde ComniuniiT Center
Ben Sheppard Elementary Schooi
La Esperanza Sr Housirg Projecr
Vivian Vllias
Knights Of Columbus
Goodiet Pa*
Jose Ma,1i l\lidcile Schco
John F. Kennedy Library
Hia eah Fire Station #2
Hialeah Fii'e Station #2
Hialeah $,,loose Lcdge #1A7 4
Hialeah Moose Lodge #1074
John F Kennedy Library
John F Kennedy Library
Walk3r Comm!nity Center
James H. Bflght Elementary Schooi
Tne SaJvation A"rry
The Salvalion Ar-my
Johnny L. Cotson Sr Park
Johnny L. Cotson Sr Park
Johnny L, Cotson Sr Park
Hialeah Fire Station #6
Brighi Park Recreatiorr Center
Office Location
70c NW 175 St
2455 NW 183 St
600 Ahmad St
7801 NW 178 St
7901 NW 175 Sr
18400 NW 68 Ave
6550 NW 188 Tr
6699 Windmlll Gate Rd
6425 Miaml Lakeway North
14800 Lldlum Rd
14250 NW67 Ave
2501 W 74 St
7977 W 12 Ave
7450 W 4 Ave
500 w 78 st
1330'1 NW 24 Ave
6027 E 7 Ave
6027 E 7 Ave
6304 E 1 Ave
6051 W 2 Ave
1197 W 74 St
1150W59Pt
1701 \ 53 Ter
1301 W60 St
1701 W 53 Ter
5700 W 24 Ave
1770 W44 Pl
4650 W 12 Ave
545 W 51 Pl
4200 W 8 Ave
5701 W 24 Ave
190 W 49 St
4200 E 8 Ave
4200 E 8 Ave
305 E 32 St
190 W 4S Sr
190 W 49 St
800 w 29 st
?6tfl lAi '1O dvo
745C W 4 Ave
7450 W 4 Ave
520 \lJ 23 St
520 W 23 Sr
520 yl23 St
780 \,,"J 25 St
/5U E. JC i)I
Citv Na!-ne
Miami Gardens
Miami Gardens
Opa Locka
Miami
Miami
Miami
Miami
Miami L6kes
Mlaml Lakes
Miami Lakes
Miarni Lak€s
Hlaleah
Hialeah
Hialeah
Hialeah
Miami
Hialeah
Hiaieah
Hialeah
Hialeah
H iaiea h
H ialeah
Hialeah
Hia eah
Hialeah
Hieleah
Hialeah
Hialeah
Hialeah
Hialeah
Hialeah
Hialeah
H ieleeh
Hialeah
Hialeah
Hialeah
Hlaleah
Hlaleah
Hialeah
Hialeah
Hialea h
Hialeah
Hialeah
Hiale ah
Hialeah
Hialeah
Fiialeah
age 7 ol 23
1005
Date: 10141?013
Time: 11:32:35AM
PCT Place Name
256.0 Robert Sharpe Towers #'1
257.O Saint James AME Church
258.0 NFL Yet Center/Gwen Cherry park
258.1 NFL Yet Center/Gwen Cherry park
259.0 Dayspring Misslonary Baptst Church
260.0 Dr. M. L. Ktng Memoriat park
?OO1 Dr. M. L. King Memorial Park
261 ,0 Olinda Elementary School
262.0 l\4ildred & Cfaude Pepper Towers
263.0 Lorah Park Elementary School
264 O Kelsey L. Pharr Elementary Scl.rool
265.0 Opa Locka Senior Cltjzen Bldg # A
265.1 Opa Locka Senaor Citizen Bldg # A
266.0 Jefferson Reaves Sr. Park
267.4 Universal Truth Center
268.0 Henry Reeves Elemeniary School
268.1 Henry Reeves Elemeniary School
269.C Mi Zion Ame Church
270.O i\,{lami-D€Ce Couniy Fjre StaIon #,1
271.4 Cultrral Arts CenE.
272,0 Charles D. l,A/yche, Jr Elementary
273.A Landrrad< Campus
274.0 Cerol City Etementary Schooi
275.4 North Glade Elemeniary Schoo
276.0 Florida Memorial Univers;tv
277 .O Mt, Zron Aposto ic Tenpte
278.0 Dayspring f.4issionary Baoiisi Chlrch
278,1 Dayspring Missionary Baptist Church
2782 Dayspring Missionary Baptist Cnurch
?78.3 Dayspring M ssionary Baptist Church
279.0 Covenant Pa ms Housing project
280.0 Opa Locka Senior Citizen E dg # A
281 0 Jefferson Reaves Sr. Park
282.0 Lorah Park Elementary Schoot
283.0 Lake Sievens Middle School
284.0 Melrose Elementary School
284.1 lvlelrose E ementary School
2 85.0 lvlelrose Elementary School
286.0 lvllldred & Ctauce Pepper Tcwers
287.A Kelsey L. Pharr Elementary School
287 .1 Kelsey L Pharr Elemeniary Schoo
288 0 Olinda Ete:neitary School
289.0 Miami Fire Fighter Benevolent Assoc
289.1 Miami Fire Fighter Baoevclent Assoc
2S0.0 Landmark Campus
291.0 Miami Gardens Elementary School
292.0 Freer,,rillChrislienCenter
293 0 Ro-Mont South Rec Hall
@
M'A I'M?Bffi'=i*&rl
lvtiami-Dade County, FL
November 05, 2013
Penelope Townsley
Supervisor of Elections
Precincts List by Election (Numeric Seq)
For Election #: 661 L/tiami.Dade County Special Election
Office Location
103 NW 202 Ter
1845 NW 65 St
7090 NW 22 Ave
7090 NW 22 Ave
2991 NW 62 Si
6000 NW 32 Ct
6000 NW 32 Ct
5536 NW 21 Ave
2350 NW 54 St
5160 NW 31 Ave
2OCO NW 46 St
'14295 NW 21 Ct
14295 NW 21 Ct
3090 NW 50 St
21310 NW 37 Ave
2C05 NW 11 1 St
2005NWrli st
15250 N\r'/ 22 Ave
18705 NW 27 Ave
2105 All Eaba Ave
5241 NW'i95 Dr
20000 NW 47 Ave
4375 NW 173 Dr
5000 NW 177 S.i
158C0 f.lN 42 Ave
9300 NW 32 Ave
299'1 NW 62 Si
2991 M1'/ 62 St
2991 NW62 St
2991 NW 62 St
8400 NY'/ 25 Ave
14295 NW 21 Ct
3090 NW 50 St
s'160 NW 3'1 Ave
18484 NW48 Pi
3050 NW 35 St
3050 NW 35 St
3050 NW 35 St
, aEn [t\11t e/ or
2C00 NW 46 St
2000 NW 46 St
5535 NW 21 Ave
2980 NW S River Dr
2980 NW S River Dr
20000 NW 47 Ave
4444 N!^/ 1 95 St
20314 NE 2 Ave
City Name
l\4iami GarCens
Miami
iViami
l\iliam i
Miami
I'rliami
l\4 iami
Miami
Miami
[,4iami
Mlami
Opa Locka
Opa Locka
M ani
Miami Gardens
Miami
Miami
Miami
lVliami Gardens
Opa Locka
Miami
lvliami Gardens
Miami Gardens
Miami
lvliaml Gardens
Miami
Miam i
Miamr
Miami
Miami
[,{iani
Opa Locka
Iurami
Miami
i\llami
Mlami
lViami
l\4iami
Miami
l\4iami
l"4iami
l\,liami
Irr'!lami
l,tiami
1,,4 ami Gardans
tullami Gardens
Miami Gardens
Miami
Zip Code
33169
33147
33147
33142
33142
3s142
33054
33054
33050
33167
JJUf,O
33055
33055
33054
33147
33147
33147
33147
JJ I+I
33055
33142
33142
33142
5)t4Z
33055
33055
33055
33179
6of23 nct_Elec (v.6 2)
1006
Date: 101412413
Time: 1 1:32:35AM
Penelope Townsley
Supervisor oi Elections
Precincts List by Election (Numeric Seq)
For Election #: 661 Miami-Dade County Special Election
ffi&w
r'r rAHtoaDt Ei
t{lru-ffi&ry
IUiaml-Dade Counl.!', FL
November 05, 2013
PCT
338.0
339_0
340.0
341.0
342.0
344.0
347 .0
348_0
351 0
351.1
353.0
354.0
355 0
JOO U
357.C
358,0
359.0
360.0
361,0
JOZ U
JbJ.U
364.0
JO5,U
366.0
367.0
368.0
369.0
J / U.U
371 .0
372.O
372.1
373.0
374.0
375.0
J /b,U
377 0
378 0
379 0
380.0
380 1
Place Narne
Hialeah Moose Lodge #1074
Hialeah Moose Lodge #1074
Hialeah Fire Station #1
Benny Babcock Park
West End Park Community House
West End Park Community House
South East Park
Miami Springs Mlddle Schooi
Miami Springs Communiiy Center
Miami Springs Community Center
Springview Elementary SchooJ
Virginia Gardens Town Hall
Mediey Town Hall
Hialeah Garcjens Communiiy Hal
Joel a C. Good Elemenran/
The Moors Club Center
The fuloors Club Cenier
Mary Collins Cornmunity Center
Ncrth Trail Park
Paim Springs fuliddle School
No(h",vest Dade Seventh Day Adventrs
l\.4edley Tor,t n Hall
Palm Lakes E ementary School
Nonhu/esi Dade Seventh Day Adventls
Robedo Casas Park
Ernest R, Graham K I Center'
i\"i1,W. Patie;'son Pavlllion
i\4eadowlane Elementary School
Russell Bucky Dent Park
Palm Soings \onl- Fi.e Star on #44
Lav(cn Chiles Middle School
Doral lsles lsland CIr.tb
lmperial Lakes Club House
Vvestland Gardens Park
North Palm Baptisi Church
Sunrise Presbyierian Cnurch
Joella C. Good Elementary
Country Village Park
Country Village Park
Itdiami Lakes Branch Library
Russell Bucky Dent Park
tui \ 1 Patlerson Pavillion
-a'nes H Bright Elerentary Schoci
Welker Community Cenier
Hia eah Maose Locjge #'1074
Hialaah Fire Station #2
Hlaleah F re Station #1
IJia eah Fi:'e Station #1
Ofiice Location
305 E 32 St
305 E 32 St
93EsSr
651 E 4 Ave
250 SW 60 Ave
250 SW 60 Ave
1015 SE I Ave
150 S Royal Pornciana Elvd
140i Westward Dr
1401 Westward Dr
1122 tsluebird Ave
6498 NW 38 Ter
7777 NW 72 Aye
10003 NW 87 Ave
€350 NW 1BB Ter
17320 NW 65 Ave
17320 NW 65 Ave
15i 51 NlY 82 Ave
780 NW 127 Ave
1025 W 56 Sr
6500 NW 202 St
7777 NW 72 Ave
7450 W i6 Ave
6500 NW 202 St
7900 W 32 Ave
7330 W 32 Ave
1875 W 44 Pi
4240 W 8 Ave
2250 W 60 St
770C NW 186 St
8190 NW 1S7 Si
6450 NW 110 Ave
12301 NW 7 Ln
'1350'1 NW 107 Ave
7801 NW 178 St
'18400 NW 68 Ave
6350 l'JW .188 Ter
6550 NW 188 Tr
6550 NW '188 Tr
6699 Wndmill Gate Rd
2250 W 60 St
1875 W 44 PI
2530 W 10 Ale
800 w 29 st
305 E 32 51
33E5Sr
-c3E5St
Citv NanTe
Hlaleah
Hialeah
Hialeah
Hialeah
Miami
Miami
Hialeah
fuliami Springs
Miami Springs
Miami Springs
Miami Springs
\4rginia Gardens
Mediey
Hialeah Gerdens
Hialeah
Miami
Miami
Miami Lakes
Miami
Miami
Miami
Medley
Hial3ah
Miami
Hialeah
Hialeah
Hial3ah
Hialeah
Miami
Miami
Doral
Miami
Hialeah Gardens
Miami
Miami
Hia leah
tuliaml
It,liami
l\4iami Lakes
Hialeah
Hialeah
Hialeah
Hiaieah
Hialeah
Hialeah
Hialeah
Zlp Code
33013
JJU IJ
330'10
33010
33010
5l 50
JJ LCO
5J 5t)
33166
33156
JIU,O
330',5
330.15
3316e
330.14
330i6
JJLI ]O
33012
330't 2
JJ I/O
,]J tOZ
33C19
33015
33015
330't 2
.1JLI J
3301C
Paqe 8 _Elec (v 6.2
1007
Date: 1Ol4nU3
Time: 11:32:35AM
PCT Place Name
381.0 Benny Babcock Park
Jdt.U Soufn tast Ha.k
383-0 Hiaieah Moose Lodge #I074
384.0 Imperlal Lakes Ctub House
3B5.0 Barbara Goleman Sr. High School
386.0 Hialeah Fire Station #6
387.0 Ruih A T,nsman Housing Authority
388.0 West Hialeah Gardens Elem Schoo
389.0 Patm Springs North Elementary
390.0 Bob Graham Education Center
39'1.0 The Salva.tion Army
392.0 The Salvatlon Army
393-0 Vtrginia ca.dens Town Halt
393-1 Virginia Gardens Town Hall
393.2 Virginia Gardens Town Ha I
394.0 lvledley Town Halt
395.0 North Palm Baptist Chlrch
396.0 l-,lall of The Americas
397.0 John A. Ferguson Senior High School
398.0 Zelda Glazer Midd:e School
399.0 l,4lam!-Dade Couirty Fjre Station #6i
4C0 0 Hialeah Moose Lodge #1074
401 0 Fire Fignters Mernorial Building
4C1.1 Fire Fighters llemo:iat Buitding
441.2 Fire Fighters Merrcdal Bullding
401.3 Fire F:ghters Mernorial Buildlng
401.4 Fire Fighters l\,4emoriaf Building
tC2.0 Lanar Louise Curry Mtddle Schooi
403.0 La Catedral De Pueblo
403 1 La Catedral Del pueblo
4C4.0 Seminole Elementary Schoot
4Al 1 Seminole Elementary School
405.0 Ruben Dario park
4uo.u rvvr si,r.up Sr tjementary Schoo407.0 Mitdred & Cla:de pepoer Senior Ctr
408.0 Fcntainebleau tvliiton Rental Apt409.0 Sweeiwater Elementary School
409.1 SweehvaterElernentarySchool
410 0 Jorge .Ulas Cancsa yoLth Center
411.0 Pau Eell Middte School
412.A Beien Jesuit preparatory Schooi
413 0 Greenglade Elementary Schocl
414.0 ice Hall Etemertary School
414.1 Jce Hall Etementary Schoo
415.0 University Lakes Recreation Hall
4 'o u tvterlory 5 DcJg as l- e-.rertay school
417 0 I [drami-Dade Counly Fair & Expo Center
MiAHr.frbiffiIEYffiffiffi
Miami-Dade Counh/, FL
November 05, 2013
Penelope Townsley
Supervisorof Elections
Precincts List by Election (Numeric Seq)
For Election #: 661 Miami-Dade County Special Election
Office Location
651 E 4 Ave
1015 SE I Ave
305 E 32 St
12301 NW 7 Ln
'14100 NW 89 Ave
780 W 25 St
6545 W 24 Ave
1 1990 NW 92 Ave
17615 NW 82 Ave
15901 NW79 Ave
7450 W 4 Ave
7450 W 4 Ave
6498 NW 38 Ter
6498 NW 38 Ter
6498 NW 38 Ter
7777 NW 7? Ave
7801 NW i78 St
7827 W Flagler St
15900 SW 56 St
.15015 SW 24 Si
15155 SW 10 St
8000 NW 21 St
8OCO NW 21 St
8000 NW 21 st
8000 NW 21 St
8000 NW 21 St
15750 SW47 St
190 NW 79 Ave
190 Nr.a/ 79 Ave
i2: sw78 Fl
z r ov! /6 H
9825 W Flagler St
330 NW 97 Ave
10400 sw4 st
951 7 Fontai.ebleau Blvd
i0655 SW4 St
10655 SW4 St
250 SW 1 -14 Ave
1 18C0 NW 2 St
500 SW 127 Ave
3060 SW 127 Ave
.1901 SW '134 Ave
190i SW 134 Ave
12E50 SW 14 Sr
1 1901 SW 2 St
i0901 suJ 24 si
Citv Name
Hialeah
Hialeah
Hialeah
l\4 ami
[,t]iami Lakes
Hialeah
Hialeah
Hialeah Gardens
Miami
Miami Lakes
Hialeah
Hialeah
Virginia Gardens
Virginia Gardens
Virginia cardens
Medley
Miami
[4iemi
Miami
l\4iami
Miam
Hieleah
Doral
Dcral
Ooral
Dorai
l\4iami
i\,1iami
l\,,1iarn i
Miami
Miami
M ami
Miami
Dllami
Miami
Sv,/s etJya ter
Swe et\,vate r
Sweefrater
Miami
lViami
Miami
l'.4 iami
it{iami
Miami
Mlarnl
Miami
Zip Code
33010
330.10
aini 1
33182
33018
3301C
JJU IU
J J\,] IO
33015
JJU Id
33 014
33166
JJ IOO
JJ IOO
JJ IOO
33015
5J I /i+
33'185
JJ 6:]
330'13
33122
SAtll
JJIII
121,])
JJICC
JJ IZO
JJIZO
33144
33'144
33172
331 74
JJ I O-1
331 84
.r -'l I / :l
JJIOq
JJ IOJ
Page 9 of 23 (v62)
1008
Date: 10!412013
Time: 11:32:35AM
Penelope Towrsley
5!pervisor of Elections
Precincts List by Election (Numeric Seq)
For Election#: 661 Miami.Dade county Special Election
Miami-Dade County, FL
November 05, 2013
PCT Place Name
417 .1 T Miaml-Dade County Fair & Expc Center
418 0 T Miami-Dadd County Fair & Expo Center
419.0 West Dade Regional Library
420 0 T Colal Park Elementary School
421.0 Primera lglesia Bautista Coral Perk
421 .1 Primera lglesia Bautista Coral Park
422.0 Everglades Elementary School
4?3.0 West l\4iarni Mlddle School
424.0 Tamjarni Bapi st Church
425.0 El Camino Church
425,1 El Carnlno Chlrch
426.0 Open Bible Temple
127 .A Open Bible Temple
428.0 West ft4iami Recreation Cenier
429.0 Biltmore Hotel
430.0 T Sylvaoia Heights Elementary Schocl
' 431.0 Leisure Access Cent3r
432.4 A. D. Bames Park
433 0 Emsrson Elementary School
434.0 Banyan Elementary Schoo
435 0 Rockway [rliddle School
436.0 Rockway Park Recreation Bldg
431 .O Olympia Heights Elemexlary Schoot
438-0 Messiah Lutheran Church
43S.0 St- Simons Episcopat Church
440.0 VillaEe Green Elementary Schoo
441.a Herbert Saifir MDC Permit Ctr
442.4 Days lnn Mrarni lni'l Airport Hotel
443.0 Charles R. Hadiey Elementary School
444.Q Wesley Matthews Elementary School
445.4 Womens History Galtery
446.0 Fire Fighters Memorial BuilCing
446.1 Fire Fighters Memoria Building
4t6.2 Fire Fighters Mernonal Building
417 .A l\rliami Christian School
448,0 Wornens Hisiory Gallery
449.0 t/r'. R. Thcmas Mlddle Schocl
450.0 John L Smith f-8 Centsr - lulaln Campus
450.1 Jchn l. Smlih K-8 Center - lu4ain Campus
451.0 G. Holm€s Braddock Schoo
Eugenia B Thomas Eiementary Schoo
Nofth Trail Park
North Trail Pak
454.0 John L Srnith K-B Center - Middle Learning Center
455.0 Paul Eell tuliddle School
456.0 Belen Jesuit Preparatory Schooi
157 .O Joe Hall Elementary School
453.0
453.1
Ofiice Location
10901 SW 24 St
10901 sw 24 St
9445 Coral Way
1225 SW 97 Ave
8755 SW 16 St
8755 SW '16 Sl
8375 SW 16 Sr
TErq q1Al r,1 Qt
e60 sw 76 ct
6790 SW 12 St
6790 SW 12 St
5720 SW 17 St
5720 SW 17 St
1700 SW 62 Ave
1200 Anastasla Ave
5901 SW 16 St
3401 SW 72 Ave
3401 SW 72 Ave
8001 sw 36 st
3060 SW 85 Ave
9393 SW 29 Ter
9460 SW 27 Dr
9797 SW 40 St
9850 Coral Way
ln3<n Ct/1r'1/, Cr
'1 2265 SW 34 St
11 805 SlV 26 St
7250 NW 1'1 St
B4OO NW 7 St
12345 SW 18 Ter
10251 !1./ Flagler St
BOOO NW 21 St
8000 NW 2't st
8000 NW 21 St
200 NW 109 Ave
i 0251 W Flagler St
13001 SW 26 St
/n,,1 { E lll,\, Ea Cl
3001 SYV 147 Ave
5350 NW 114 Ave
780 NW 127 Ave
780 NU/ 127 Ave
5005 NW 1 12 Ave
1 1800 NW 2 St
(4j',1 Q\A/ i17 A,ra
i 90'l SW I 34 Ave
Cifu Name
Miami
Miaml
Miami
Mlam i
Miam i
Miami
Miami
Mlam i
Miami
Miami
l\4lami
Y,/est Miami
West lvliami
lJiami
Coral Gables
l\liami
l\,1iam i
Miami
l,l iam i
Ulanri
Miami
i\,liami
i!4iami
[4iami
Miarnl
i\diarni
i\,i]iam i
tuliarn i
Miami
Miami
tUiami
DoraI
Doral
Dc al
Miami
Miarni
Miami
Doral
M iami
Doral
i\4iami
M ami
Doral
M iarn i
tuliami
Miami
Zio Cade
33165
33'165
33174
JJ IOC
3316s
33155
33144
33144
33155
JJ ] JZ+
33155
33165
33165
JJ 10i)
JJ I Oi)
33165
33175
JJ L/'
33126
33175
33'1 74
^\2 " ')')
33172.
3317 4
33175
33178
33178
33175
33178
1J I C't
JJ I C.t
33.178
33182
33'175
458.0 T ir{iami-Dade Couaty Fair& Expo. Center 1C90i SW24SI Mianr 33195
D"-2 aA ol23 PrecinclElec (v 6 2)-v.
1009
Date: 1Al4l2A13'l-lme: 11 :32:35AM
Penelope Townsley
Supervisor of E!ecllons
Precincts List by Election (Numeric Seq)
For Election #: 661 Miami-Dade County Special Election
Miami-Dade Counly, FL
November 05, 2013
PCT
459.0
459.1
460.0
461.0
462.0
482.1
487,0
488.0
489 0
500.0
50.1.0
501.1
502.0
503.0
504 0
505.0
506 0
507.0
508.0
509 0
5'10.0
5'11 0
5111
512.0
C IJ.U
qlt.l
5'1 5.0
516 0
5'16.1
517.0
518.0
518.1
519.0
520_0
CZIU
52? O
523.0
524.0
525 0
525 1
525.2
s 20.0
526 1
T
T
Place Narne Ofilce Location
Greenglade Elementary School 3060SW.127 Ave
Grsenglade Elerrentary Schoo! 3050 SW127 Ave
Sweefr/ater Elemeniary School 10655 SW4 St
John A. Ferguson Senior High Schoot 15900 SW56 St
Ronald Reagan Senior High School 8600 NW 107 Ave
Ronald Reagan S€nior High Schcol 8600 NW j07 Ave
Centennial Middle School 8601 SW 212 St
Svr'eetwaler Elernentary School 10655 SW4 Si
Jorge Mas Canosa Yoltth Center 200 SW 114 Ave
Jorge Mas Canosa Youth Center 250 SW.114 Ave
Deliverance Tabernacle Ci-lR Nazarene 7610 Blscayne Blvd
Jessa J. Mccrary, Jr. EJemen Schoot 514 NW77 St
Jesse J- lrccrary, Jr. Elemen School S14 N\ /77 St
De iverance Tabernacle CHR Nazarene 7610 Biscayne Blvd
H U D 1407 NW7 St
Legion Metnoriaf Park 6447 NE 7 Ave
Si. lr,latthew Free\,/ill Baotist Church €700 NW 2 A\€
Edison Couils Communily Center 325 NW 62 St
Thena Cro$rder Elementary Schcol 7S7 NW66 St
Uberry Square Community Center 6304 NW 14 Ave
Liberiy Square Communitv Center 6304 NW 14 Ave
Iliami lniernatlonal LlnkyMelreese Couniry C ub 18C2 NVJ 37 Ave
I'liami International Llnks/t\,4elreese Ccuntrr' Club .1802 NW 37 Ave
Joi'dan Grove Bapt,st Church 5946 NW 12 Ave
Jordan Grove Baptist Church 5946 NW 12 Ave
St. Paul lnsti:L.tional Ame ChJrch 1g9Z NW St Ter
Church Of The Open Door UCC 6001 NW B Ave
Miami Ed son liliddie School 6101 NW 2 Av-.
Tolssaint Louve rrure Elementary 120 NE Sg Si
Morningside Park 750 NE 5E Ter
Morningside Park 750 N E 55 Ter
Jerusalem French S.D A. Church 420I NE 2 Ave
Church olcod Prophecy#1 4s2B NW.1 Ave
Church ofGod Prophecy#l 4528 NW 1 Ave
Shadowiawn Elementary School 149 NW49 St
Carie P. lleekArt Center 1300 NW 5C St
Edison Touers 5821 NW 7 Ave
Edison Toy/ers Ee21 NW 7 Ave
lliami Jackson Sr. High School 1751 I'jW 36 St
Ebanezer Uniled tulethodist Church 2001 NW 35 St
Simpson Park Recreation Buiiding 55 SW 1Z Rd
Simpscn Park Recreation Buiiding 55 SW 17 Rd
Juan P. Duarle Park 1776 NW 2S St
Juan P Duade Park 1776 I'JW 28 St
Juan P. Duarle Park ,1776 NW 28 St
Cudis Park Communlty House 1901 NW 24 Ave
Curiis ParkCommunity House 1901 NWZ4 Ave
Citv Name
Miarni
[iliarn i
Sweet\,vater
Miarni
Doral
Doral
Miami
Sweetwater
Sweetwater
Sweehvaier
lViami
Miami
Miami
Miami
Miami
Miami
i\,4iami
Itdiami
I\,,liami
[.4iemi
tuliami
L{iami
L,lian'ri
i,4iami
I/iami
UIiami
ll iarni
Miami
l,,liami
tuliami
Miaml
Nliami
Miami
[liami
f,4iami
fuliami
tuliami
t,tiam
L,liami
Miami
Miami
I\,4iarni
Miami
Miami
M ami
M ami
Zip Code
33175
33175
3318s
33178
33178
33189
.1.',' t/4
33138
33150
JJ IZ'
JJIJC
JJI:U
JJICU
JJ I4l
33125
JJ ]Z]
33142
JJ IJT
JJ IJ1
JJ IJ/
33127
33127
33127
11 1',',1o
??1?q
JJ ILI
33125
lJ!-1.
1010
Date: 'l1l4D013
Time: 11:32:35AM
PCT Place Name
527.0 Juan P. Duarte Pai.k
527.1 Juan P. Duarte Park
527.2 Juan P. Duarte Park
527 3 Juan P Duarle Park
528.0 Allapaftah Branch Library
529,0 T Jose De Diego Middle Schoot
529,1 T Jose De Diego Middte School
530.0 Cornsrock Elernentary School
530.1 Comstock Elementary School
530.2 Comstock Elemeniary School
530.3 Comstock Elementary Sciooi
53A.1 Comstock Elementary school
531 .0 CIaude Pepper Community Cent3r
532.0 Christ Episcopal Church
533.0 Culmer Neighbofiood Service Center
534 0 Miami Fire Station #2
. 534.1 Miaml Fire Stailon #2
535.0 Dunbar Elernentary School
535.1 Dunbar- Elenrenisry School
535.2 Dunbar Elementary School
536.0 Phillis Wheatley Elenentary Schcol
536.1 Phillis Wh€afley Elenrentary Schoo
537.0 Eugenio Maria De Hostos CL'
538.0 Cameror House
539.0 tul ami Fire Station #2
54C.0 Douglas Park Community House
541 .0 [I:am] Fire Staiion #4
541.1 M ami Fire Siatlon #4
541.2 tullaflir1 Firc Siaiion #4
512.A Jack Orr Senior Center
542.1 Jack Orr Senior Center
512.2 Jack Orr Sen.or Cenier
542.3 Jack Orr Senior Cenier
542.L Jac( Of r Sen:or Cenier
543.0 H U D
544.0 fr n ty Ca'hedral Hatl
544.1 Trlnity Cathedral Hatl
544.2 Trinity Calhedral Hatj
545.0 Polish Amer;can Club of l,4iami tnc
340U VtaTi]ILrVHall
547 A Vtrami t ,re Starron #7
547 ' Miami tr:re Statton #7
548-0 l\{iarni-DadeCountyAudltoiunr
549.C Kensington Park Elementary Schcoi
550.0 M amr Fire Fighter Benevolant Assoc
551.0 Grapeland Paik
552.0 Armando Eadia Senlor Center
Penelope Townsley
Srpervisor of Elections
Precincts List by Election (Numeric Seq)
For Election #: 661 Miami-Dade County Speciat Election
MIAI'II,DADEEffi@
Miami-Dade Ccunty, FL
November 05, 2013
Offlce Locatron
1776 NW 28 St
1776 NW28 Sr
1776 NW28 St
1776 N\r'/ 28 Sr
1799 NW 35 St
3100 NW 5 Ave
3100 NW 5 Ave
242C NW '1 8 Ave.
2420 NW 18 Ave
2420 NW 18 Ave
2420 NW 18 Ave
2420 NW 18 Ave
750 NW 18 Ter
3481 Hibiscus Sl
1600 NW 3 Ave
1901 North Miami Ave
1901 North l\,rliamI Ave
505 NW 20 St
505 NW 20 St
505 NW 20 Si
1801 NW'l Pt
1601 NW't Pr
2902 NW 2 Ave
412 NE 22 Si
1901 North Miami Ave
2755 SW 37 Ave
1 '105 SW 2 Ave
l rut ivv z AVe
1 105 SW 2 Ave
550 NW 5 St
550 NW 5 Sr
550 NW 5 St
550 NW 5 St
1407 NW7 Si
464 Na 16 St
464 N= 16 St
1250 NYy' 22 Avenue
3500 Pan Amcrican Dr
314 Beacom Blvd
314 Beacom Blvd
2901 W Flagler St
71 1 NW 30 Ave
2980 NW S River Dr
1550 iiw 37 Ave
25 Tamiami BIvd
Citv Name
Uiami
M ianr I
Miami
Miami
Miami
Miami
Miami
Miami
Miami
Miami
Mlami
tuliami
Miami
Mlami
Miami
Miami
Miami
Miemi
Miami
Miami
M ami
i,{iami
$rliami
M ami
tu1lami
Mien, i
Ivliami
tu1iami
l,{iami
lrliami
Lliam i
i\iliami
tuliami
Miami
l!'liami
I'ulami
l,liam;
I\1iami
Miaml
Miaml
Miami
tu'iiaml
L4iami
[,4iami
i\l iam i
.:J 4il
JJ IIl
33127
33142
33142
33136
33136
JJ IJO
33127
.'1,1 t.1.)
33 i36
33127
JJ IJ/
33136
JJ IJJ
33130
33130
JJ IJO
33'136
33125
JJ JZ
Jl L.)l
33'125
331 33
331 35
33125
33125
33125
lJ lrr:t553.0 Roberi King High commun ty House 7025 v/ F aqler si Miami 3314,.1
Page i2 of23 Precinci Etec (v.6.2)
1011
Daie; 101412013
Time: 1 1:32:35AM
Penelope Townsley
Supervisor ol Electlons
Precincts List by Election (Numeric Seq)
Fot Election #: 661 Miami-Dade county Special Eleclion
ffi
HIAMIDAD€Bt?irTfiw
It4iami-Dade Co!niy, FL
November 05, 2013
PCT
553.1
554.0
555.0
555.1
55b.U
5ao I
557,0
f,55.U
440 n
560.0
560 I
560.2
561.0
5 62.0
563,0
i)oJ I
'564.0
564.1
565.0
565.1
566.0
567.0
568 0
568. 1
568,2
56S.0
569.1
570.0
57'1.0
571 .1
572.O
573.0
at+u
575 0
576 G
577 .0
578.1
579.0
580.0
580.1
56.1.0
585 0
Place Name
Robed King High Community House
lglesia Baitista Renovacion C
jisria
West End Park Community Housg
West End Park Community House
Residential Plaza
Residential Plaza
lg- Cristiana Ref Buen Samaritano
Kinloch Park CoL.rmunily Cenler
Ebenezer Freewill Baptist Church
Kinloch Park M:ddle School
Kinloch Park Middle School
Kinloch Pad( Middle Schocl
I glesia Bauiista Resurrecclon
Wesley United Methodist Church
Lfftle Havafia Housing Project #1
Lihle Havana Housrng Project #1
HUD
HUD
Riverside Eiernentary School
Riverside Elementary School
Jose Marti Park Gymnaslum
Simpson Park Recreation BuiJding
Simpson Park Recreation guild ng
Simpson Park Recreafon Buildlng
Simpson Park Recreation Building
Stanley Axkcd UTD Towers, lnc.
Stanley Axlrod UTD Towers, lnc.
Stan)ey Axlrod UTD Towers; Inc.
CoralWay K-8 Center School
El Cordero Pi-3sbytedan Church
El Corderl Presbyierian Church
Shenandoah E ementary School
Shenandoan Park Comm unity House
I glesia Bauiista Resurreccion
Srnathers Sgnior Center
Coral Ga[e Park Community Centet
Douglas Park Community House
I glesia Bautista Resurreccion
I glssia Bauiista Resurreccicn
S!lver Bluff Elementary School
Jesse "1. lccrary, Jr. Elemen School
Jesse J. McCrary, Jr. Elemen School
Museun Of Scie.rce
l,4useum Of Science
n,liam; Flre staton #8
Frankie S. Rolle Service C?nter
EiDabeth Virrick Pa*
Omce Locatlon
7025 W Flagler St
50 NW 5i Pl
250 SW 60 Ave
250 SW 60 Ave
5617 NW 7 St
5617 NW7 St
4585 W Flagler St
455 NW47 Ave
4'111SW4St
4340 NW 3 St
4340 NW 3 St
4340 NW 3 St
2323 SW 27 Ave
133 Ponce De Leon Blvd
'17s9 SW 5 Si
1759 SW 5 St
1407 NW 7 St
1407 NW 7 St
L IYU -VV Z a)L
1.'On e\AJ ' e,
434 SW 3 Ave
5s SW 17 Rd
55 SW 17 Rd
1809 Brickell Ave
1809 Brickell Ave
18C9 Brickel Ave
1950 SW 13 Ave
209'1 SW 14 Ave
2091 SW 14 Ave
1023 SW 21 Ave
1800 SVV 21 Ave
2323 SW 27 Ave
1040 sw 29 Ct
'1415 SW 32 Ave
aTEE CtJl/ 17 A, ,^
2323 S\^,/ 27 Ave
2323 SW 27 Ave
?AflO e\A/ 'q Ar,a
514 NU177 St
514 NW 77 St
3280 S Miami Ave
3280 S Miami Ave
2975 Oak Ave
375C S. Dix;3 Highway
3255 Piaza St
CitY Name
Miami
Miami
' Miami
Miami
Miami
Miami
Miami
Miami
Miami
Miami
Miami
Miami
fu1lami
Coral Gables
Miami
Ivliami
Miami
It4lami
Mrami
Miami
lr,liami
Miarni
IMiami
Miami
Miami
Miarni
Miarni
Miami
tulian,i
lUiami
lViarni
lViami
Mi3mi
Miami
Miami
Miami
Miami
Miami
lliami
Miami
Miaml
Miami
It/ iam i
Miami
Miami
l\4iaml
l\4 iarn i
Zio Code
..tJ tzo
33144
JJ IZO
.lJ t10
33126
JJ IJ5
33135
33125
JJIJU
33130
33129
3312S
33129
3312s
1l r -.o
JJ 'J
JJ LC
33 135
33145
JJ IJC
33133
33'i50
33i50
33'129
JJ IJJ
.1.1 IJJ
1012
Date: 10/412013
Time: 11r32:35AM
Penelope Torvnsley
Supervisor of Elections
Precincts List by Election {Numeric Seq)
For Election #: 661 Miami-Dade county Special Election
llliami-Dade County, FL
November 05, 2013
PCT
bdb.u
588.0
588.1
589.0
589.1
590.0
591.0
592.0
534.0
594.1
595.0
596.0
596.1
5S7.0
5S7,1
504 n
601.0
602.0
603 0
603.1
604.0
604.1
605.0
005.1
605.2
605.3
606.0
6C6.1
607,0
608,0
610.0
610.1
61 1.0
CIIU
613.0
6r4.0
615.0
6'i6.0
6i 7.0
618,0
619.0
OIU U
621 4
422.0
623,0
T
T
Place Name
l,4iami-Dade Water & Sewer Authority
Plymouth Gongregational Church
AIlapaftah Branch Library
Allapattah Branch Library
Curtis Park Communiiy HoLrse
Curtis Park Commuitily House
Deliverance Tabernacle CHR Nazarene
Malcolm Ross Senlor Center
Leg!on Memorial Park
Citrus Grove Middle School
El Cordero Presbyterian Church
El Cordero Presbyterian Church
Cameron House
St. Paul Instiluiicnal Ame Church
St. Paul lnstitutional Ame Church
lr,rliaml Jackson Sr. High Schoo
l\liami Jackson Sr. Hlgh School
l\4alcolm Ross Senior Center
Eugenio Maria De Hostos Ctr
Biltmore Hotel
1st UTD N,leth Church of Coral Gables
Central Chrisiian Church of Dade Co
Central Christlan Church of Dade Co
Amerlcan Legion Post #gB
American Legion Post #96
Coral Gables Youth Center
Cor'al Gables Youth Cer:ter
Coral Gablgs Youth Center
Coral Gables Youth Center
South Miaml Amerlcan Legion #31
South Miami Amerlcan Legion #31
Coral Gables Ccngregational Church
The Country C ub of Coral Gables
Corai Gacles Youih Center-
Coral Gables Youth Center
Coral Gables Sr High School
St Augustine Catholic Church
Ponce De Leon l/tidd e Schoot
Coral Gables Fire Staiion #2
Coco Plum Woman's C u..b
Charnber South
Fire Rescr-re Statlon #3
Pinecrest Branch Library
Coco Plum Woman's Club
David Fairchild Elemeniary Schooi
1st UTD l'.4:rh Chu-cr of Sou:n U am
Paimetto Presbyterian Church
Chr;st Center Church
Offtce Location
3575 S Le Jeune Rd
3400 Devon Rd
'1799 NW 35 Sr
1799 NW 35 Sr
1901 NW24 Ave
1901 NW24 Ave
76f 0 Biscayne Blvd
2800 NW 18 Ave
6447 NE 7 Ave
2153 NW 3 St
2091 SW 14 Ave
2091 SW 14 Ave
412 NE 22 Si
1892 NW 51 Ter
1892 NW 51 Ter
1751 NW 36 St
'1751 NW 36 St
2800 NW 18 Ave
2902 NW 2 Ave
1200 Anastasia Ave
536 Corel Way
222 l\,{enores Ave
222 Menores Ave
303 Alhambra Cir
303 Alhambra Cir
405 University Dr
405 University Dr
405 Unlversiiy Dr
405 University Dr
7710 S1 / 59 Ave
7710 SW 59 Ave
3010 Descto Blvd
997 N Greenway Dr
405 University Dr
405 University Dr
450 Blrd Rd
1400 Mlller Rd
5801 Augusto St
525 S Dixie Hrvy
1375 Sunset Dr
6410 SW BO St
1 19'1 1 Old Cuiler Rd
5835 S\ / 1 11 St
1375 Sunset Dr
5757 SW 45 St
656s Red RC
6790 SW s5 Sr
6750 Sunset Dr
Citv Name
l\4iami
f/iami
1\4iami
Miami
[4iami
N4iami
Miami
lvliami
Miami
L4iami
Mlami
Mlami
Mlami
Miarii
Miami
. Miami
Miarni
Mierni
Mierni
Coral Gables
Coral Gables
Mlaml
l\rliami
Coral Gables
Coral Gables
Coral Gables
Corai Gables
Coral Gables
South tvliami
South tuiiami
Coral Gables
Coral Gabies
Ccral Gables
Ccral Gables
Coral Gables
Coral Gables
Coral Gables
Coral Gables
South Miami
Ccral Gables
Pinecr€st
Coral Gables
South l/iami
South Miarnr
South Miami
Miami
Zio Coda
33133
33i 42
33142.
JJ IIC
33125
33138
JJ I _14
33145
33 137
.1J I qZ
-15 t4Z
33'127
JJ IJq
.1.) tqo
33'134
JJ IJl+
33'134
33134
33134
33134
33134
33134
33i46
33i46
P age i4 ol 23 -E ec (,i.6.2)
1013
Dete: 10tAtzo13
Time: 1 1:32:35AM
PCT Place Name
624.A Coral Pine Park
625 0 Coral Pine Park
626.0 Chrisl The King Lutheran Church
027.0 Kendall United Methodist Church
628.0 Miami Palmetto Senior High School
630.0 Palmetto Elementary Schcol
631.0 Palmetto Middle Schoot
632.0 Bet Shira Congregation
633.0 Wesley United l,4ethod st Church
634.0 Elizabeth Vinick Park
635,0 Miami-Dade Water & Sewer Authorlty
635.1 Miami-Dade Waler & Se\i.er ALrthority
636.0 Coral Gables Branch Library
637.0 Coral Gables Congregational Church
637.1 Coral Gables Congregationa Church
638.0 Coral Gables Sr High School
639.0 Bank UTD Csnter ai University Miami
639.1 Bank UTD Center at Universriy Mtami
640.0 Bank UTD Center at University t4iam!
641,0 RivieraPresb).terjanChurch
042.0 Chist Center Church
642 1 Christ Cente: Church
644.0 Riviera Presbyterlan Chrrch
645.0 Ptnecrest Eianch Library
645.1 Pinecrest Bran ch Library
647.0 Kendall United N'lethodist Church
648.0 ChrstThe King Lutheran Chrrch
649.0 lrliani Palmetto Senror High Schcoi
650.0 Palmetto Middte School
65'1.0 lglesia Cristiana Comu0ldad de Esperanza
652.0 PalrnettoPresbyterianChur6h
653.0 Chiist Center Church
605.0 Iglesla Cristiana Comunldad de Espsranza
670.0 Miami-DadeCouniyAudiiorium
671.0 South MramiAmerican Legion #31
871 1 South l\4iami American Legion #31
672.0 David Fairchild Elementary School
673.0 1st UTD Meth Church of South Miami
674.0 PalmettcPr3sbyterianChurch
675.0 Chr st Cenier Church
676.0 PalmettoPresbyterianChurch
68i.0 Kendale Lak3s Branch Librarv
699.0 Kendall Breeze HOA
700 0 Jorge Mas Canosa fuliddle School
701 0 Bowman Ashe/Doclin K-8 AcaCerny
702.0 Lake OrThe fuieadorvs Recreation Ctr
703.0 Cypress Club of Kenda e
Penelope Torvnsley
Supervisorof Elections
Precincts List by Election (Numeric Seq)
For Electlon #: 661 Miami.Dade County Special Election
I'fiAr{r.ffim
Ei[li.,w
tu1iami-Dade County, FL
Offlce Location
6955 SW 104 Sr
6955 SW '104 St
1 1295 SW 57 Ave
7600 sw f04 st
7460 SW 1 18 St
12401 SW 74 Ave
7351 SW 128 St
7500 sw 120 st
133 Ponce De Leon Blvd
3255 Plaza St
3575 S Le Jeune Rd
3575 S Le Jeufle Rd
3443 Segovia St
3010 Desoto Bivd
3010 Desoto Bivd
450 Bhd Rd
1245 Walsh Ave
1245 Walsh Ave
1245 Walsh Ave
5275 Sunset Dr
6750 Sunsef Dr
6750 Sunset Dr
5275 Sunsei Dr
5835 SW 11 1 St
5835 SW 11 1 St
7600 sw 104 st
f i295 SW 57 Ave
7460 SlV 118 St
7351 SW 128 St
6330 Bird Rd
A70n atil E4 cr
6750 Sunset Dr
6330 Bird Rd
2901 W Flagler St
7710 SW 59 Ave
7710 SW 59 Ave
57s7 SW 45 St
6565 Red Rd
6790 SW 56 St
6750 Sunset Dr
6790 SW 5€ St
'1 52C5 SW 88 St
12300 SW 125 Ct
15735 SW 144 St
6601 SW 152 Ave
4453 S\li 152 Ave
14250 SW 62 Sr
November 05, 2013
Citv Name
Pioecrest
Plnecrest
Coral Gables
Pinecrest
Pinecrest
Pinecrest
Pinecrest
Pinecrest
Coral Gables
Miami
Mlami
tuliami
Coral Gables
Coral Gables
Coral Gables
Coral Gables
Coral Gables
Coral Gables
CoraI Gables
Ivliami
Miami
tuliani i
Miami
Finecresi
Ploecrest
Coral cables
Pinecresi
Pinecrest
Miami
South Miami
Miami
Miam
Miami
South lvliarni
South Uiami
South Miami
Sorlth Miami
Miami
South Miami
Uiami
tuliami
l\iliami
Miami
tuliami
tuliami
Zip Code
JJ trO
33156
331s6
331 56
JJ r5b
JJ I]r]
JJ I 5tr
CJ JJ
JJ IJ4
33134
33134
33145
JJ I4C
3 3143
JJ I 5tr
JJ ICO
33156
33156
JJ ICD
33156
331s5
33143
33155
33'143
JJ t4.l
33196
33186
33't 93
JJ 1"J
1014
Dale: 10/4/2013
Time: 11:32 35Al\,4
PCT Place Name
704.0 Bent Tree Elementary School
/05.0 West B rd F.re Statio,r #37
708.0 Elim Mlssionary Assembly
707.4 Gerrnan American Social Club
708.0 Royal Paim Elementary School
709.0 Royal Palm Elernentary School
7fi.O Westlvood Park
7l.A Devon Aire Elernentary School
712.O 51. Tlmothy Caiholic School
713.0 Tropicai Estates Recreation Center
714.0 Miller Drive Park
715.0 Southwest Miami Sr High School
716.0 Tropicai Park Community Center
717 .O South lvliami Sr. High School
718,4 tuliami Elk's Lodge #948
7 i8.1 lvliami Elks Lodge #948
7'19.0 UnitarianUniversalistCongiegaticn
7200 Alpha & Omega Church
72A1 Alpha & Omega Church
721 O Kings Creek Village Rec Center
721 1 Kings Creek Village Rec Cen.ier
722.0 Snapper Creek Elerneniary School
723.0 Kendall Branch Llbrary
723.1 Kendall Braach Library
724.4 Miami Elk's Lodge #948
724.1 Mlami Elk's Lodge #948
725.0 Elue Lakes Elemeniary School
726.0 Snapper Creek Elementary Schooi
726.1 Snapper Creek Eiementary Schcot
726.2 Snapper Creek Elementary School
727.Q Sunset Park Eiementary School
728.4 F.uth Olvens Kruse Educalonal Center
725.0 Te:ra Environrnental Research lnstit
730.0 Snapper Creek Townhouse Rec Ctr
730.1 Snapper Creek Townhouse Rec Ctr
731.C Cypress Elemeniary Schooi
732.C Howard Mc Millan Middle Schoot
733.0 1 Ra lg Bautista De Coral Perk
734.0 Kendale Lakes Elementary School
734.1 Kendale Lakes Elemen.tary School
735 0 Pro!-flenade Ccnciorninlum CIub House #2
736.0 Danie B. Fascell Elementary School
737.0 Oliver Hoover Elernef tary Schoo
738.0 Felix Varela High School
739.C Hanr-octs Fire Sialion #36
744.A CIauCe Pepper Eiementary Schoo
741.A The Crossing Couniry Club
742.C River Of Life Church
l&&
l'4ra Mr.dADEElffiw
Miami-Dade County, FL
November 05, 2013
Penelope Townsley
Supervisor of Elections
Precincts List by Election (Numeric Seqi
For Election #: 661 Miami-Oade County Special Election
Office Location
4861 SW 140 Ave
4200 SW 142 Ave
11989 SW56 St
11S19 SW56 St
4200 sw 112 Ct
4200 sw 112 Ct
I I ?En Q\A' q" Tar
10501 SW 122 Ave
5400 SW 102 Ave
10201 SW 48 St
c41n Q\A' C,4 al
8855 SW 50 Ter
7900 sw40 st
6856 SW 53 St
10301 S\,1/72 St
'1 0301 SW 72 Si
7701 SW 76 Ave
7800 sw 56 st
7800 sw 56 sr
8333 SW 81 Ave
8333 SW 81 Ave
I nt61 q\A,r A' Sr
9101 SV,/ 97 Ave
91C1 SW 97 Ave
'10301 SW 72 St
10301 SW 72 St
9250 SW 52 Ter
10151 SW6,1 St
10151 SW 64 St
101s1 sw 64 st
lnarE c\]1r o,{ cr
1'1001 SW 76 Si
1
.1 005 SW 84 St
11200 SW71 St
11200 SW 71 St
5400 sw 1 12 ct
13100 SW 59 St
7441 SW 127 Ave
800O SW 142 Ave
8000 SW 142 Ave
L4 raE C\J\l oo c+
13625 SW B0 St
9050 Hammocks Blvd
,i E.EE C\ I 'E CI
1000'1 Hammocks Blvd
14550 SW 96 St
1 '1578 SW 132 Ave
12333 SW 1 12 St
Citv Name
Miarr'ri
Miami
Uliani!
Miarl.1!
Miami
l\.,lianii
.,1iami
l'./liami
lvliami
MIiami
Miami
lVliam i
Miami
Mianri
Miarni
l\tliami
Miami
Miaml
Miami
Miami
Miami
Miami
Miami
Miam
Nliarni
M:ami
Miami
I\4 iam
Miaml
[,liam]
l,4iami
Miami
Miami
Miami
Mianri
F,4iari
Miami
Miami
Itiiami
Miami
Miami
Iiliami
Miami
Miami
Miami
Mlami
Lliami
Miarni
Z p Ccde
33175
JJL/D
JJ I/!
33'175
JJ Ib5
331 65
JJ I/O
33165
JJ IO)
331 65
JJ t55
33173
IJ 155
J.1 33
33't 73
33176
JJ L/O
33173
33'173
JJIlJ
.1Jt/J
33183
JJ IOJ
JJ IOC
J5 IOJ
JJ IdJ
.1-1 I dJ
33r 86
33193
33196
33196
JJ ICO
.rJ I Oa)
JJIEO
1015
Date: 10!412013
Tims: 1 1:32.35AM
Penelope Torvnsley
Superuisor of Elections
Precincts List by Election (Numeric Seq)
For Election #: 661 Miami-Dade County Special Election
Miarri-Dade County, FL
November 05, 2013
PCT
7 43.O
745.0
746.0
7q.a
749.0
'7 AO a
750.0
751.0
7q) a
753.0
753.1
7 55.0
7 56.0
756.1
757.O
758. C
759.0
759.1
7E'o )
744,0
761.0
762.0
762.1
763.0
765.0
/ bb.u
767.0
768.0
7 09.0
770 D
772.O
77 5.4
776.0
777 .A
778 O
7 80.0
781 .0
T
T
T
Place Name
Devon Aire Park
Calusa Elementary School
Rjverside Baptist Church
V\'illlam Lehman Elementary School
Dave & lvary Alper Jewish Comm Ctr
Dave & Uary Alper Jewish Comm Cti-
Kendale E ementary Schccl
Ron Ehmann Recrealion Center
Ron Ehmann Recreation Center
Kendall Church Of God
Gi'ace Church Of Kendall
Continental Park
Suniland Park
Suniland Park
Leewood E ementary School
Klllian Pines UTD Methociist Church
Killian Pines UTD Methodist Church
Gloria Floyd Elementary School
GIofia Floyd Elenreniary School
Country Walk Pai( Recreation Ctr
lr:iami First Church of the Nazarene
Uniiy Center of Miami
Unity Center of i\4iami
Uniry Center of filiami
Kendall Presbyierian Church
Kendall Presbyierian ChLrrch
West Kendal Regional Library.
West Kendall Regional Library
Miami Sunset Sr High School
Boy/man Ashe/Doolin K-8 Academy
General Conference 7th Day Ad,rent
Dr- Gllbert Po(er E em School
Heartland Health Care C6ntEr
Richmond Fire Station #43
Arvida l\,4iddle School
Kendall Vl lage Center
Killian Pines UTD Meihodist Church
Mc Mi lan Park
ur t Ldng: raia
Hammocks Middle School
Westwind Lakes Park
Eureka Park
Miami EIk's Lodge #948
Miami Elk's Loige #948
Chr'ist Center Chlrch
Tropical Park Commun'ly Cenier
Ca usa Elen1entary School
Office Location
10411 S\N 122 Ave
9580 W Calusa Club Dr
10775 SW .104 Sr
10990 SW 1 13 Pt
1 1 155 SW 112 Ave
1 1155 SW 112 Ave
I nao't cl l 02 cr
'10995 SW 97 Ave
109-05 SW 97 Ave
8795 SW 112 St
81 00 sw 104 st
100C0 SW 82 Ave
12855 S Dixie Hwy
12855 S Dixie Hwy
.10343 SW 124 St
10755 SW I 12 St
-10255 sw 1 12 st
'12650 SW 109 Ave
12650 SW 109 Ave
'14601 Country Walk Dr
17569 SW 147 Ave
'6320 Strr/ 147 Ave
'16320 SW 147 Ave
16320 SW 147 Ave
8485 SVr' 1 12 St
8485 SW 112 St
10201 Hammocks Blvci
i 0201 Hammocks Blvd
6401 S\a/ 152 Ave
8100 Ss/ 117 Ave
9400 SW 137 Ave
13390 SW 1s2 St
10900 SW 127 Ave
8625 SW 124 Ave
10755 sw 1 12 St
6125 SW 133 Ave
14365 SW 48 Ln
9889 Hamrnocks Blvd
6805 SW 152 Ave
1 8320 SW 119 Ave
10301 SW72 St
10301 SW72 St
6750 Sunset Dr
79C0 SVV 40 St
9580 W Catusa Club Dr
Citv Name
Miami
tuliami
tuliami
tuliarni
lvliarni
lvliami
Miami
Miami
Miami
Miami
M!ami
l\4iami
Pinecrest
Pinecrest
l',4lami
Miami
Mia:^ni
Mianri
Miami
Miami
Miami
M ami
M ami
tuliami
tuilami
tvl ami
lvl:ami
tullami
tulrami
fulrami
kl;ami
Miami
tullami
Mraml
Mlami
tu1iami
Miami
Mlaml
Mlami
lMla;ni
Nliami
[,4 iar'-ri
Mia,ni
Miami
Miami
Uiami
I'.4;ami
Zip Code
33176
33186
JJ /U
.tJ I /O
JJ I/O
33176
33176
-1J I 10
33176
JJ I5rJ
33156
33156
JJ I/O
Jl I to
33176
JJ /tr
J-t oo
33187
JJ ID/
5J O/
JJ IAI
J J't Vb
33196
.1J I OJ
JJ IVJ
33183
33186
JJIl/
33186
33183
JJ I /O
33i 75
33196
33193
33177
33173
33186
Precinct_Eiec (v.6.2)
1016
Date: 10lAl2A13
Time: 11:32:35AM
PCT Place Neme
782-0 Cypress Club of Kendate
783.0 T Riverside Baptist Church
784.0 Kendall Vlllage Center
785.0 Kendale Lakes Elenrontary School
786.0 Kendale Elementary Schoo'
787 .0 Kendall Church Of Gcd
788 0 Rive' Of I ife ChurcF.
789.0 Dr, Gilbert Porter EJem School
790.0 T Un.ty Center of IVI ami
790.1 T Un'ty Cenler of l,',4,ani
790 2 T Un.ty Cenrer of lvliafli
791,0 lliami First Church of the Nazarene
792.4 Our Lady of Lourdes Cetholic Church
793.0 Kendale Lakes Branch Library
7S.1.0 South lliami Sr High School
795.0 UnitarianUniversalistCongregat'on
796.0 Kenciale Lakes Branch Llbrary
7S6.1 Kendale Lakes Branch Library
757.A Nl ami-Dade County Fire Staiion #i6
798.0 Errreka Vllias Park
799 0 Ch:rcl' Oi Tre As:ension
8CC,0 South Dade Regicnal Library
EC1.0 Sgt Joseph Delancy Park
802.0 Doroihy M. Wallace Cope Center
803,0 Richmond Heights Middte School
804.0 Cora Reef Branch Library
8M.1 Coral Reef Branch L brary
805.0 Palrnet'io Bay Village Centei
806.0 Coral Reef Park
807.0 Howard Dri,re Elementary Schcol
808.0 St Aridre\^,s Episcooal Church
808.1 Si. Andrelvs Ep scopal Church
809,0 ChristCongregationalChui-ch
810.0 St. Richard Parish Center
81 1.0 lMarlin il,4core Posl #133
812.0 Kingdom Covenant Church
812.1 Kingdom Covenafit Church
8'13.0 Christ The King Catholic Church
814.0 Glendale Bactist Church
815.0 Children's Home Socrety
816.0 Cfuich Of The Ascels,on
817.0 CclDnial Drive Park
818.0 Ethel K. Beckford Elementary School
B'19-0 T Perrine-Peters Utd Meth Church
820.C Palmetto Bay Vrt age Cenier
821.0 Perrine Peiers Utd Meth Church
A?2.0 East Ricige Retirernent Viitage
Penelope Townsley
Supervisor of Elections
Precincts List by Election (Nurneric Seq)
For Election #: 661 Miami.Dade County Special Electjon
l,4ian'ri-Dade County, FL
November 05, 2013
Office Location
14250 SW 52 St
10775 SW 104 St
8625 SW 124 Ave
8000 SW 142 Ave
1 C693 SW 93 St
8795 SW 112 Sr
12333 SW 1 12 St
15851 SW 1 12 St
'1 6320 SW 147 Ave
.16320 SW 147 Ave
16320 SW 147 Ave
17569 SW'147 Ave
'1 1291 SW 142 Ave
15205 SW88 Sr
6856 SW 53 St
7701 SW 76 Ave
152C5 SW 88 Sr
1s205 sw 88 Sr
16250 SW 72 Sr
.tJU JV\,/ ]OU JT
11201 SVV 160 St
10750 SW 21 1 St
14375 Boggs Dr
10225 SW 147 Tet
15015 SW 103 Ave
921'1 SW '152 Sr
9211 SW 152 St
18001 Old Cutler RC
7895 SW 1s2 Sr
7750 SW 136 St
14269 Afi Cutier Rd
14260 Oid Cutler Rd
14920 SW 67 Ave
7500 sw 152 St
16401 SW 90 Ave
10300 sw I62 st
10300 sw 162 sr
'16000 SW 112 Ave
14580 SW 117 Ave
1 7501 SW 1 '17 Ave
I 1201 S\rV 160 St
10750 SW i56 Ter
10929 SW 104 Ave
1e301 S Dixie Hr,4r
16001 Oid Cuiler Rd
18301 S Dixie H',ry
19301 SVrt 87 Ave
Citv Name
Mlami
Miami
Miami
Miami
Miami
Miarni
Miami
Mlami
Miam;
Miami
Nliami
P,liami
Miami
Miami
Miami
Miami
Miami
tulian-ri
tu1iami
Ivliarn i
tvliami
M iafir i
f,,liarn i
M iarn i
Miami
Miami
Miami
Palmeto Bay
Palmetio Bay
Palm€tto Bay
Palmetto Bay
Palmetlo Bay
Palmetto Bay
Palmetio Bay
Palmetto Bay
M aml
M ami
Mlami
l,liami
Miami
Miami
Miafiri
Mianrl
Paimetto Bay
Paimetto Bay
Palmetto Bay
Cutler Bay
Zip Ccde
JJI/U
CJ IEJ
33176
JJ I/O
.1.1 I h/
33187
33187
331t6
JJIVO
JJ I55
33190
33193
JJI//
33189
.1.1 I /O
33176
JJ I/O
33157
33157
33150
331 50
33157
JJ IC/
33151
.1-1
'
31
33157
33157
JJ IC/
JJIf/
JJ I]/
3315i
823 0 Cutler Ridge UTD Meth Church ZA7 q Aid Cu er Rd Cufler Bay 33.189
1017
Date: 1014!2013
Time: 1 1:32r35AM
PCT
824.0
825 0
826.0
620. I
827.0
B2B.O
828.1
829_0
OJU-U
831.0
831.1
nJ1_\)
833.0
833.2
dJri-u
836_0
836.1
837.0
839.0
b4U,U
o+tu
842.0
843.0
844 0
845.0
846.0
849.0
850.0
o3 -u
652,0
853.1
854.0
BBB,O
s01.0
90i .1
90i,2
902.0
902,1
902 2
oa, ?
Penelope Townsley
Supervisor of Elections
Precincts List by Election (Numeric Seq)
For Election #: 661 Miami.Dade County Special Election
ffi
MIAMIDADEH!4sn!Frr!**?Ilgui'W
lvliami-oade Counly, FL
November 05,2013
Place Name
Pinelands Prestlyterian Church
South Dade Regional Ljbrary
R. R. Moton Elementary School
R. R. Moton Elementary School
Souihridge Senior High School
Caribbean Elementary School
Caribbean Elementary School
Upper Room Assembly Of God
Christian Life Mission
lsaac A. \Mthers Enrichment Center
lsaac A. 1,A,4thers Enrichment Center
Edward L \\hlgham Elemeniary School
Goulds Park
Gou!ds Park
GoJlds Park
lulorning Stai' Bapiist Church
Iglesia tvletodista Unlda Peace
Americana Village Condominilm
Americana Village Condominium
Souih\,vood Middle School
Scuih Miami Heighis Elem Schoo
Itlt. Pleasant Baptisi Church
Palmetio Golf Course
Roberi Morgan VccaUor,al Tech Sch
Kingdor,.t Covenant Church
Goulds Park
Southlvood Mlddle Schoo
lglesia Metodista Unlda Peace
Upper Rcom Assembly of God
Cenl3nnial Middle School
Christian Lifa Mlssion
ML Pleasent Baptlst Church
Christ Congregaiional Church
Scuthndge Senior High School
Moming Star Baptist Church
Americana Village Condominium
Amercana Village Condominium
St. I rmothy Luheran Church
GoulCs Park
Waterstone G!'and
Frujt And Spice Park
Fruit And Spice Park
Fruit And Spic.e Park
Sllver Palnr United l,4etnodist Church
Silver Pali'n United Methodisi Church
Silver Palin United Methodisl Church
Sllver Palm Unrted l.4eihcdist Church
Office .Locatlon
10201 Bahia Dr
10750 SW21',l St
18050 Hornestead Ave
18050 Homesteac Ave
19355 SW 114 Ave
11 990 SW 200 St
.l 1990 SW 200 St
19701 SW 127 Ave
14105 SW 184 st
21300 SW 122 Ave
21300 SW 122 Ave
2 1545 SW 87 Ave
t 1350 SW 216 St
1'1350 SW216 St
113s0 SW 216 St
22769 SW 120 Ave
12755 Quail Roost Dr
19800 SW 180 Ave
19800 SW 180 Ave
16301 SW 80 Ave
12231 SW 190 Ter
1 i 591 SW 220 St
9300 sw 152 St
18180 SW 122 Ave
103C0 SW 162 Sr
11 350 SW 216 Si
'16301 SW B0 Ave
12755 Ouail Roost Dr
19701 SW 127 Ave
8601 SW 212 St
14105 SW 184 St
I tcv I nv\ zzu Jt
14920 SW 67 Ave
19355 SW 114 Ave
22709 SW 120 Ave
'i9BCO SSJ 1E0 Ave
198C0 SW 18C Ave
6601 SW 1S9 Si
1 1350 SW216 Sr
4002 N Waterstone Way
24801 SW 187 Ave
24801 SW 187 Ave
24801 SW 187 Ave
15855 SW 248 St
l EaqE C\,1I 1/a Q+
Citv Name
Cutler Bay
Miami
Miami
Miami
Mianri
Miami
Mlemi
Miami
Miami
Miami
Mlami
Cut er Bay
Mlami
Mlami
Mlami
Miami
Miarni
Miami
l\4iaml
Itrlizmi
Miamr
L4iami
Miami
Miami
Miami
Miarii
l,liami
Miami
l\il;ami
l/liarn i
Lllarn i
Mlami
Palmeto Bay
Uiami
Miami
L4 iarlri
Miami
Cutler Bay
l\,1iami
Homestead
Miami
Miami
Ir4iami
Miami
[{iami
l',4iami
l\,llam1
Zo Code
?'t I qo
JJ C/
33157
33177
33170
JJI/J
33'17C
33170
33170
33157
5ilttt
J-r I /U
33i57
33157
33170
33'177
33177
33170
JJ\O/
33'189
33033
33031
JJUJ i
J JU')
.1.1J J I
33 C31
33031
Paoe 19 of 23 Prec!-ct-E ec (* 6 2\
1018
Date: 101412013
Time: 1 1:32:35A[/
PCT Place Narne
903.0 Narania Park Recreatlon Center
904,0 Naranja Neighborhood Service Center
905.0 lglesia Cristiana El Buen Samarjtan
905.1 lglesia Cristiana El Buen Samaritan
905.2 lglesia Cristiana El Buen Samaritan
906.0 lglesia Cristiana El Buen Samaritan
907.0 Vilgs of Homestd Audubon Ctub House
907.1 Vilgs of Homestd Audubon Club House
907 .2 Vilgs of Homestd Audubon Club House
907,3 Vlgs of Homestd Audubon Club House
907.4 Vilgs of Homestd Audubon Club House
907.5 V Igs of Homestd Audubon Club House
907.6 Vrlgs of Homes'td Audubon C ub House
907.7 Vilgs of Homestd Audubon Ciub House
SC8.0 Naranja Park Recreation Cenier
S09.0 New Beginnings Christlan Fe towship
910.0 Hospital Alma Lutherafi Church
311 .0 Si Martin De Porres Cathotic Church
911.1 St lr,lartin De Porres Catholic Church
912.0 Redlands Conrmunity Church
912.1 Redlands Community Church
512.2 Redlands Community Church
913.0 Scuth Dade Park
Si4.0 Agricuitural Cooperative Exl Center
S15,0 Homestead Community Center
916.0 Homestead Family yMCA
9f 0.1 Homestead Family Y|\,ICA
917 0 Hcr,testead Family YLICA
g 18.0 Homestead Branch Library
918.1 Homeslead Eranch Library
c 1 9.U Keys cate Couitrf, CiLb
919.1 Keys Gate Country Cir.rb
919.2 Keys Gate Country Club
9-1 9.3 Keys Gate Country Ciub
919-4 Keys Gate Country Club
9.1S.5 Keys Gai-^ Country Club
920-0 Phichol l^,4lliams Community Center
924.1 Phichoi Willlarns Corflrnuntty Center
921.0 Phichcl Williams Corn,.nunity CentEr
922.0 F:orlda C,tylHomesiead Serv ce Ctr
923.0 Florida City Town Hal
924.0 Redlands Commun ty Church
925 0 ChLrch of The Rock iesus Christ lnc
926.0 Wesi Homestead Etementary Schcol
927.A Mariin Luther King Jr. Ciinic
928 0 Goulds Church Of Christ
928.1 GoulCs Chu:-ch Of Christ
HH.wtI,IAItII.DADEHrc!_"_"_€ilitn w
Miami-Dace Counly, FL
November 05, 2013
Penelope Townsley
Precincts r'fiff ;:[:l''r[,,",i" s"oi
For Election #: 661 Miami-Dade County Sgecial Election
Office Lomtion
14150 SW264 St
'13955 Sn/264 St
13550 SW256 St
rJccu ivv zco 5I
13550 SW 256 Si
13550 SW 256 St
185'1 S Canal Dr
1851 S Canal Dr
1851 S Canal Dr
1851 S Canal Dr
185'1 S Canal Dr
1851 S Canal Dr
1851 S Cenal Dr
1851 S Canal Dr
14150 SW264 Sr
15300 SW 288 Sr
29501 S!n/ 152 Ave
1488'1 SW288 Sr
J4BB1 SW288 St
1460'1 SW248 Sr
14601 SW248 St
14601 SW 248 St
2Bl 51 SW 164 Ave
18710 SW 2BB SI
1601 N Krome Ave
1034 NE I St
1034 NE I Sr
I\,]J+ IlE 6 DL
700 N Homesiead Blvd
700 N Homestead Blvd
2300 Palm Dr
2300 Palm Dr
2300 Palm Dr
2300 Palm Dr
2300 Palm Dr
2300 Paln'r Dr
vJtJvv4.Jt
951 SW4 St
1600 NW 6 C{
4C4 W Palm Dr
14601 SW 248 St
Clty Name
kliami
Miami
Miami
Miami
l\{iami
Miami
Homesiead
Homesiead
Homestead
Homestead
H ornestead
H omestead
H on'restead
Hoane stead
Miarni
Ir,4iami
Miarni
Miami
Miami
I!4iami
kiiami
Miami
Miami
Miami
Homestead
Homestead
Homestead
Homestead
Homestead
Homesiead
Horirgsiead
Homeslead
HomesieaC
Homesiead
Homestead
Homes:ead
Homestead
Homestead
Homestead
Florida City
Florida City
Miam
HsnesteaC
M ami
Miar-ni
i\,,1iaml
Zip Code
33032
33032
1',ln ?,
33032
? ?n??
3-j030
33030
33030
3303C
33C33
33033
JJUJJ
33032
J JUJ.l
33032
JJ 1.1 I
33030
J5t,JU
3303C
33030
33030
33030
33035
33035
33035
33030
JJU,lI
3 3.1 70
33030
33170
22400 SW 112 Ave [,{iami
1550 SW 6 St
B'10 W Mowry St
22800 Sr,n/ 112 Ave
22800 S$l 1'1 2 Ave
-029.0 Martin 1 uth+r Kino.lr Clinic 810 W Molvry St I',,lian.i 33030
1019
Date: 1U412013
Time: 1 1:32:35AM
Penelope Townsley
Supervisor of Elections
Precincts List by Election {Numeric Seq}
For Election #: 661 Miami-Dade County Speciat Election
ffi
MIAHIOADEHftifiifiw
Uliami-Dade County, FL
PCT
s30 0
931.0
931.1
933.0
933. 1
934,0
935.0
936.0
937.0
937.1
o?7 ?
937.3
937.4
938,0
939.0
9_.0.0
941.0
942.0
94?,1
943 0
944.0
944,1
945.0
946.0
947 .Q
olo n
s50_0
c5, n
953.0
954.0
955 0
oE7 n
958.0
959.0
960.0
961.0
962.0
963.0
963 1
964.0
955.0
956.0
Place Name
Phichol Wlliams Communiiy Center
St Martin De Poffes Catholic Church
St Martin De Porres Caiholic Church
Goulds Church Of Chrlst
South Dade Baptist Church
South Dade Baplist Church
Waterstone Grand
Phichcl Wlliams Community Cenier
West liomestead Elemenlary School
Florida City Elementary Schoo
Flor:da City E ementary School
Flcrida City Eiementary School
Flor da City Elem€ntary Schoo!
FloriCa City Elementary School
Florrda City Elenenta1/ School
Keys Gate Country Club
Campbell Drive l\,,lidcile Schoo
Silver Palrn L}nitad Methodist Church
Naranja Park Recreation Center
Naranja Park Recreation Centet"
Redlands Cor.munily Church
Naran,ia Park Recreation Cenier
Naranja Park Recreatjon Center
South Dade Park
New Beglnnings Christlan Fellowship
Church cf The Rock Jesus Chrisi lnc
Campbell Dr ve Middle School
Vilgs of Homesid Audubo;r Club House
Redlands Community Church
Florida City Tolvn Hall
Fruit AnC Spice Park
Sor-rth Dade Baptist ChLIrch
Southwood Middle School
Centennia Middle School
Goulds Park
Goulds Church Of Christ
SouLh Dade Baptist Church
Stonegate Communiiy
West Homestead EIementary School
Fiorida Crty Elementary Schcol
Florida C;ty Elemeniary School
Con'rmul.,lty PIaza
Cornrnuniiy PIaza
Phichol Wlliarns Community Center
Ronald Reagan Senior High Schcol
tulorning Star Baptist Church
[4orning Star Bapt]st Church
Office Location
951 SW4 St
14881 SW 288 Sr
14881 SW 288 St
22800 SW 112 Ave
17105 SW 296 St
17105 SW 296 St
4002 N Waterstone Way
951 SW4 St
'! aan c\A, a or
JO4 t\VV b AVe
364 NW 6 Ave
364 NW 6 Ave
JO4 t\VV b AVe
364 NW 6 Ave
364 NW 6 Ave
2300 Paim Dr
900 NE 23 Ave
15855 SW 248 St
i4150 Syf 264 St
14'150 S\,^/ 264 St
14601 SVV 248 Sr
14'150 SW 264 St
14150 S\ 264 Sr
28151 SW '164 Ave
15300 SW 2EB Si
224C0 SW 112 Ave
900 NE 23 Ave
1851 S Canal Dr
14501 SW 248 Sr
404 \,V Patm Dr
24801 SW 187 Ave
17'1C5 SW 296 St
1630'1 SW 80 Ave
8601 SW 212 Sr
1'1350 SW 216 St
22800 SW 1 12 Ave
l7l na c\At ,oa ct
1020 NE 34 Ave
1550 SW 6 St
364 NW 6 Ave
364 Nl /6Ave
777 \lJest Palm Dr
777 West Palm Dr
951 SW 4 St
B60C NW '107 Ave
22769 SW 120 Ave
22769 SVU i2C Ave
November 05, 2013
Citv Name
Homestead
[,4iami
l\4iami
Miami
Miami
Miami
Homestead
Homestead
Homestead
Miaml
l,{iami
Miami
Miami
Miami
Miami
Hom6stead
Miaml
Miami
Ivliami
lVliami
Mlami
l\4iami
fvl iam i
lvliami
Uiarii
Miami
Miami
Hornesieac
Miami
Florida City
Miami
Miarni
fl iarn i
lliami
Miami
ldiami
L4iam
Homestead
Homestead
Miami
Miami
Hcmestead
Homest6ad
Homestead
Doral
Mlami
Mrarnl
Zip Code
33030
33C33
33170
33030
33030
33033
330;'10
33030
33034
33034
33034
33032
33032
33032
JJ]JI
33033
JJi/U
33030
JJUJZ
JJUJ I
33189
JJ I/U
JJ I/!
33030
33034
33034
33030
33178
33170
33170
nci_EIEC {v 6 2
1020
Date: 101412013
Time: 11r32:35A[t
PCT Place Name
956.2 l,'lorning Star Baptist Church
967.0 lsaac A. Wthers Enrichment Center
967.1 Isaac A. Wthers Enrichment Center
969,0 lglesia Metodista Unida Peace
S70.0 Americana Village Condom jnium
970.'1 AmericanaVillageCondorninium
970.2 AmericanaVillageCondominjum
971,0 Doral lsles lsland CIub
972.0 Kinloch Park l\,4iddie School
973.0 Museum Of Science
974.0 Kinloch Park Cornrnunity Center
975-0 Claude Pepper Communrty Center Il
976.0 Ebenezer Unlted Methodisi Church
577.0 ToussaintLouvertureElementary
S78.0 MorningsideElementarySchool
979.0 Ljberty Square Community Center
e80.0 Comstock Elemen'iary School
S81 .0 Allapattah Neighborhood Service Ctr
982.0 Allapattah Neighborhood Service Ctr
983.0 Trinity Cathedral Ha I
983.1 Triniiy Cathedrai Ha I
983.2 Triniiy Cathed;-a Haii
984.0 ivliemi Fire Station #4
934 'l Miarni Frre Staiion #4
984.2 Miami Fire Slation #4
984.3 Mram. Fire Station #4
985 0 Jack Orr Senior Centar
985.1 Jack Orr Senior Canier
986.0 Curtis Park Community House
S06.1 Curtis Park Cornmunity House
987.0 Curtls Park Commuflity House
988.0 Citrus crove tu1 ddle School
989.0 H U D
e90.0 H u D
S90,1 H U D
S91.0 St. Dominic Gardens lnc
992.0 St. Dominic Gardens lnc
992.1 Sl. Dominic carde:is lnc
993.0 lg. Crisiiana Ref Buen Samariiano
994.0 Ebenezer Freewill Baptist Church
995.0 Stanley Axlrod UTD Towers, lnc.
S95.1 Stanley Axlrod UTD To,,vers. Inc.
s95.2 S:anley Axlrod UTD Towers, lnc.
E96 0 S rnpson Park Recreation Building
996.1 Slmoson Park Recreaiion Buiiding
997.0 Polish American Club of Miami. lnc.
398.0 lvluseurn Oi Science
Penelope Townslel,
Superviso. of Elections
Precincts List by Eleetion (Numeric Seq)
For Election #: 661 Miami-Dade County Special Election
l\4iami-Dade County, FL
November 05, 2013
Office Location
22769 SW 120 Ave
21300 SW 122 Ave
2 1300 SW 122 Ave
12755 Quail Roost Dr
19800 SW 180 Ave
'19800 SW 180 Ave
19800 SW 180 Ave
64m NW 110 Ave
4340 NW 3 St
3280 S Miami Ave
455 NW 47 Av€
750 NW 18 Ter
2C01 NW 35 Si
120 NE 59 St
6620 NE 5 Ave
6304 NW 14 Ave
2420 NW 18 Ave
1897 NW 20 St
1897 Nv/ 20 Sr
464 NE 16 St
464 NE 16 St
464 NE 16 Sr
1105SW2Ave
1105 SW 2 A!,e
1 105 SW 2 Ave
1 105 SW 2 Ave
550 NW s Sr
550 NW 5 St
190i NW 24 Ave
1901 NW 24 Ave
1901 NW 24 Ave
2153 NW 3 Sr
1407 NW 7 St
1407 NW 7 St
1407 NW 7 St
5849 NW 7 St
5849 NVV 7 St
5849 NW 7 St
4585 W Flagler St
4111SW4St
'1809 Brickeli Ave
1809 Brickell Ave
i809 B ckeli Ave
55 SW 17 Rd
5s sw 17 Rd
1250 NW 22 Avenue
3280 S Miami Ave
Citv Name
Miaml
Miaml
Miami
Miami
Miami
Miami
Miami
Doral
Miami
Miami
l\,{iami
lVliami
Miami
l\4iami
tuliami
Miami
Miami
Mianri
Miami
l\diami
lvliam i
Miami
Miami
Miami
Miami
[,,lia,'ni
tuiiami
Miami
ll!am
l\4iam
lUiaml
lvllaml
Miami
Miami
Miarni
Miami
Miami
lvliami
Miami
Miami
Miam
['1iami
M:aml
Miamr
Mlami
M iami
Miami
Zio Code
33170
33170
33187
33187
JJI/6
JJ IIO
JJ IJO
.1-1 l4 /
IJIJI
JJIJl,
33142
3314?
33142
33132
JJ IJZ
JJ IJU
CJ ICU
33130
JJ IJO
JJ IIJ
JJ IIJ
JJ IZ:)
3312s
33125
33126
JJ IZO
'1" 1!-1
33129
1atr5
33123
33129
33129
33129
999.0 luorningside Park 750 NE 55 Ter Miami 13137
Page 22 ot 23 Preclnct Eiec 0,,.0.2)
1021
Date:
Time:
10t4!2013
11:32:35AM
For Election #:
PCT Piace Name
999.1 Momingside Park
999.2 Morningside Park
Total # of Precinct = =>
Penelope Townsley
Supervisor qf Eleetions
Precincts List by Election (Numeric Seq)
661 Miami-Dade County Special Election
Ofllce Lopation
750 NE 55 Ter
l,'liarni-Dade Counly, FL
November 05, 2013
Citv Name
Miami
Miami
Zip Code
33137
JJ IJ/
1,047
1022
R9 - New Business and Commission Requests
Discussion Regarding Alternative Uses For The Surface Parking Lot lmmediately North
Of The Eden Roc Hotel.
(Requested by Mayor Philip Levine)
Agenda ltem
Date1023
THIS PAGE INTENTIONALLY LEFT BLANK
1024
R10
CITY ATTORNEY REPORTS
1025
E MIAMIBEACH
City of Miomi Beoch, 1200 Convention Cenler Drive, Miomi Beqch, Florido 33I39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: RaulAguila, City Attorney brL*"fuF
DATE: June 11,2014
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Luis Amato v. Officer Thamyris Cardelle, lndividualv and in his Official Capacitv.
and The Citv of Miami Beach. Case No. 13-035725 CA-01 (Circuit Court - 1'lth
Judicial Circuit in and for Miami-Dade County, Florida)
Plaintiff sued the City alleging false arrest and battery. The City will defend the
case. lt is unlikely to exceed $100,000.00 in damages.
2. The Bank of New York Mellon vs. Jaime Vinas, et al., Case No. 14-11268 CA 11
(Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 14921 SW
82 Terrace, Unit 3-206, Miami, Florida. The Summons and Verified Complaint
were served on the City on May 12,2014.
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 May 12,2014.
Case No. 14-
007261 CA 01 (Circuit Court - 11
County).
Judicial Circuit in and for Miami Dade
The City was served with this complaint on May 13, 2014 alleging that on June
12,2011, the plaintiff, Lance David Marks, was observed by Office Morales
walking along North Bay Road, Miami Beach, Florida. Officer Morales
approached the Plaintiff and arrested him without probable cause, falsely
charging him with drug possession. Plaintiff was then taken into custody.
Ultimately all charges were dropped against him. Plaintiff is alleging that as a
result of the false arresUfalse imprisonment, he suffered mental anguish, loss of
earnings and other consequential damages. The plaintiff is suing the City as well
as Officer Morales for false arresUfalse imprisonment. For the counts against
Officer Morales, he pled in the alternative that Officer Morales acted in bad faith
and with malicious purpose. We shall respond to the complaint on behalf of the
City and propound discovery.
Aoenda rrem fl tO A- o^t@-1026
City Attorney's Repoft
June 11, 2014
Page 2
4. Laze-E-J, LLC vs. Valerie Viviane Bensoussan. et al.. Case No. 14-12106 CA 23
(Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 5601 Collins
Avenue, PH-1, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on May 15,2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on May 21,2014.
CA 23
This is an action to foreclose a mortgage on real property located at 7701 N.
Kendall Drive, 8124, Miami, Florida. The Summons and Complaint were served
on the City on May 15, 2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on May 21,2014.
6. The Bank of New York Mellon vs. Yamilet Ramirez, et al.. Case No. 14-12131
in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 16391 SW
92 Ct., Palmetto Bay, Florida. The Summons and Complaint were served on the
City on May 21,2014.
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 May 27,2014.
7. Wells Farqo Bank, N.A. vs. Miquel Anqel Fernandez. et al.. Case No. 14-11520
in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located al 1677 SE 27
CT., Apt. 200, Homestead, Florida. The Summons and Complaint were served
on the City on May 22,2014.
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 May 27,2014.
Bank of America, N.A. vs. Daniel J. Gonzalez. et al.. Case No. 14-12106
(Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
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City Attomey's Report
June 11 , 2014
Page 3
8. Miami-Dade Counl,v vs. Fisher lsland Club, lnc.. et al., Case No. 14-9032 CA 13
(Circuit Court - 11tn Judicial Circuit in and for Miami-Dade County, Florida)
This is an eminent domain action for a permanent subsurface utility easement on
Fisher lsland, Florida. The Summons and Complaint were served on the City on
May 27,2014.
The City's Answer and Affirmative Defense will be timely filed.
9. Mimo on the Beach Condominium vs. Bank of America, N.A., et al., Case No. 14-
12856 CA 05 (Circuit Court - 11th Judicial Circuit in anO tor trrtiamiDade County,
Florida)
This is an action to foreclose a condominium lien on real property located at745
Harding Avenue, Unit 103, Miami Beach, Florida. The Alias Summons and
Complaint were served on the City on June 2,2014.
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 June 4,2014.
10.JP Morqan Chase Bank, N.A. vs. Graciela Ximenes, et al., Case No. 14-12390
CA 23 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 800 West
Avenue, Unit 605, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on June 3, 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 June 4,2014.
(Circuit Court - 11th Judicial Circuit in anO for Hliami-Oade County, Florida)
This is an action to foreclose a mortgage on real property located at g350
Fontainebleau Blvd., Miami, Florida. The Summons and Verified Complaint were
served on the City on June 3, 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 June 4,2014.
JS/SR/EB/RRflT
F:\ATTO\AAOFF\AAOFRFILE.#S\2014\Status report CAO 061 1 1 4.docx
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REPORTS
AND
INFORMATIONAL ITEMS
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1. Reports and lnformational ltems
(see LTG 189-20141
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a MIAMIBEACH
LETTER TO COMMISSION#//0-ao//
To:
From:
Date:
Subject:
Mayor Philip Levine and Membershf the Cfty CommissionMayor Philip Levine and rrlero"rsf,ttne { corrission
Jimmy L. Morales, City rrlanagel L:-June2,2o14 \ { '
List of Projects Covered by the Qne of Silence Ordinance
ln 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 is a list of all current solicitations (i.e., lnvitation for Bids ("Bids"), Request for
Proposals (RFPs), and Request for Qualifications (RFQs), that, to date, are covered by
the 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 the City
Commission.
2013-069 8t27t2013 Citywide Maintenance of Elevators
PW-Property
Manaqement
2013-171 5t23t2013 Playground Fence at South Pointe Park
Parks and
Recreation
2013-178 11t22t2013
Solid Waste Franchise Contractors to Provide
Commercial Waste Collections and Disposal
Services PW-Sanitation
2013-014 11t1t2013 Pharmaceuticals and Medical Supplies Fire Department
2014-029 12t13t2013 Automatic Transmission Rebuild Services Fleet Division
2014-050 512/2014 Master Plan of the Lincoln Road District Citv Manaser
2014-Os1 5t16t2014
Sunset lsland 3 and 4 Right-of-Way
lnfrastructure I mprovements CIP
2014-086 12118t2013 Citywide Hish Tide Mitiqation Proiect Public Works
2014-115 512812014
For Design and Engineering Services for the
West Avenue Bridge Over Collins Canal
lmprovements Public Works
2014-116 311412014
For Traffic Enoineerinq Services Plannino Department
2014-127 316t2014
Medical Services Human Resources
2014-128 2t26t2014 Provision of Governmental Consultinq Services Citv Manaqer
2014-130 2t26t2014 Online City Merchandise Store Tourism
Agenda ltem 4
oate /4r/t/1033
Page l2
Please note that lTBs, RFPs, and RFQs are being issued on a daily basis. Therefore, it is
recommended that you or your staff view the list of projects under the Cone of Silence
on a regular basis.
Should you have any questions or need additional information, please feel free to
contact me.
C: Executive Staff and Management Team
JLM:KGB:MT:AD
T :\A G EN DAt2 0 1 4V u neV u n e 1 I Proc u re me n t\J u ne 2A 1 4 Con e LTC -O 1 . docx
2014-143 4t24t2014 For A Web-Based Trainino System Fire/Police
2014-170 5t22t2014
A Parking Garage Gated Parking Revenue
Control System for the City of Miami Beach Parkinq
2014-171 2128t2014 Npqnandy Shores North Gate Replacement crP
2014-182 3t21t2014 Event Planning and Marketinq Services Tourism
2014-199 4117t2014 Flooding Mitigation Consultinq Services Public Works
2014-187 511912014
For Design-Build Services For The Central
Bayshore Proiect clP
2014-206 4117t2014 Design Build Services for London House CIP
2014-215 4124t2014 Band Shell Manaqement Services Tourism
2014-223
Estimated
lssuance
5t13t2014
Comprehensive Program Review of Nautilus
Middle School
Organizational
Development
2014-252
Estimated
lssuance
5t13t2014
Concession Agreement(s) For The Use Of Miami
Beach Right-Of-Way For Passenger Loadlng
And Unloading By Open Loop Tour Bus
Operators.Transportation
1034
MIAMIBEACH
City of ,Vtiomi Beoch, 1700 Conyention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Mem the
Jimmy L. Morales, City Manager
June 11,2014
REPORT FROM COMMISSIONICOMMITTEES OF WITHDRAWN ITEMS NOT
HEARD WTTHTN (6)SrX MONTHSFROM REFERRAL DATE.
Pursuant to Resolution No. 2013-28'147, items that are referred to Commission Committees to
be reviewed, but are not heard by that Committee within (6) six months of ils referral date are
automatically withdrawn.
Attached is a list of item(s) that were automatically withdrawn for June 2014:
Finance & Citywide Proiects Committee
There are no items to be automatically withdrawn at this time.
Floodinq Mitiqation Gommittee
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.
Neiqhborhood/Communitv Affairs Committee
There are no items to be automatically withdrawn at this time.
JML/REG
T:\AGENDA\2014\June\Committee ltems Removed afler 6 months.docx
Agenda ltem 3
Date 6-//^/y
TO:
FROM:
DATE:
SUBJECT:
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