20140611 SM1MIAMIBEACH
Gity Commission Meeting
SUPPLEMENTAL MATERIAL 1
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
Com missioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul Aguila
City Clerk Rafael E. Granado
Visrt 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 entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Cterk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
RsN 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 Section 70-69, Entitled "Responsibilities Of Bicyclists,
Skaters, And Persons Operating Electric Personal Assistive Mobility Devices," By Amending
The Responsibilities Set Forth Therein; ByAmending 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 Forth 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)
( Leg islative Tra cki n g : City Atto rn ey's Office/Tra n s po rtation )
(Revised Memorandum)
1
Supplemental Agenda, June 1 1,2014
R7 - Resolutions
R7R Approval Of Grant Agreement Related To May 28,2014 Resolution No.2014-28609, Entitled:
A Resolution Approving And Authorizing The City Manager To Take The Following Actions, Subject
To And Conditioned Upon The Successful Negotiation Between The City And Mount Sinai Medical
Center Of Florida, lnc. ("Mount Sinai") Of The Grant Agreement, Lease Agreement, Bayrualk
Easement, And Additional Benefits (AllAs Hereinafter Defined): 1) Authorizing A Grant Contribution
To Mount Sinai, ln The Amount Of $15,000,000 ("Grant Monies"), Payable Commencing On
September 15,2015, Over A Term Of 15 Years, For The Sole Purpose Of Reimbursing Mount Sinai
For Hard And Soft Costs Associated With Mount Sinai's Emergency Room Expansion Project (The
"ER Project"); 2) Reimbursing Mount Sinai ForAllCity Building Permit Fees ln Connection With The
Hospital lmprovements (As Hereinafter Defined), Up To (But Not To Exceed) $1,500,000; 3)
Covenanting To Annually Budget And Appropriate The Annual lnstallment Payment Of The Grant
Monies From Legally Available Non-Ad Valorem Revenues; 4) Delegating Authority To The City
Manager To Negotiate The Final Terms Of The Grant Agreement With Mount Sinai ("Grant
Agreement"); 5) Also Delegating Authority To The City Manager To Negotiate A) A Lease Agreement
With Mount Sinai For The City's Emergency Management Office, With Such Leased Premises Having
Up To 2000 Square Feet, To Be Located ln The New Emergency Room Facility, For A Term Of 50
Years And $1 Per Year Total Rent ("Lease Agreement"), B) A Perpetual Public Access Easement ln
Favor Of The City, Along The Northern And Western Boundaries Of The Mount Sinai Property For
The Purpose Of The City's Construction, Maintenance And Operation Of A Public Bayrualk ("Baywalk
Easement"); And C) Additional City Benefits Proffered By Mount Sinai As Additional Consideration
For The City's Award Of The Grant, Such Benefits To lnclude (l) 700 One-Day Parking Vouchers
Provided To The City Annually For Distribution By The City To Senior Citizens, (ll) Quarterly Outreach
Seminars Provided By Mount Sinai At Senior Centers ln The City, And (lll) Participation By Mount
Sinai ln Programs Related To Health Care And Careers ln The Health Care Industry At Schools
Located ln The City; And 6) Further Directing The Mayor And City Clerk To Execute The Grant
Agreement, Lease Agreement, And Accept The Baywalk Easement Upon Conclusion Of Successful
Negotiations.
( City Attorney's Office/Fi nance )
(Memorandum, Agreement & Resolution)
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; And, 2) Addition Of Forty-Five
(45) Calendar Days To The Project Duration, For The Total Amount Of $1 ,089,868; Funding For This
Amendment ls Subject To The Sth Amendment To The Capital Budget For Fiscal Year 201312014
Being Presented At The June 1 1,2014 Commission Meeting.
(Capital lmprovement Projects)
(Memorandum)
2
Supplemental Agenda, June 1 1,2014
R9 - New Business and Commission Requests
RgM Discussion Regarding CIBO Restaurant.
(Requested by Mayor Philip Levine & Commissioner Michael Grieco)
(Correction)
RgO 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)
(Add itional I nformation)
3
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Condensed Title:
An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled 'Miscellaneous Offenses,"
By Amending Article li, Entitled "Public Places," By Amending 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 70-70, Entitled "Responsibilities Of Persons
And Business Entities Providing Rentals, Leases And /OrTours Of Electric Personal Assistive Mobility Devices" By
Amending The Responsibilities Set Forth Therein; ByAmending Section 70-71, Entitled "Enforcement; Penalties" To
Provide Additional Penalties For Violations Of Sections 70-69(DF(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
in 2009: 48o/o of residents believe there are too few bike
lssue:
I
Item Summarv/Recommendation :
At its October 24,2012 meeting, the City Commission passed and adopted Ordinance No. 20'12-3780 and
Resolution No.2012-28041 which provided various regulations conceming 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 SectionT0-71. 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 wesi 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,
fundedundertheFederal-aidhighwayfundingprogramcategories. Pursuantto23U.S.C.$2lT,anexceptiontothe
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 ftom 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 1Sth and 23'd Streets and between 64th and 79th Streets, B) Lummus Park Promenade between
Sth and 1 Sth Streets; C) The sidewalks on the east side Of Ocean Drive between South Pointe Drive and 15th Street;
D) The South Pointe Park Cutwalk adjacent and parallelto Govemment Cut; E) The Marina Baywalk adjac.ent and
parallel to Biscayne Bay and South of 5th Street; F)Beachwalk between South Pointe Park Cutwalk and 5"' Street.
ln addition to the modifications passed on second reading during the May 21,2014 Cily Commission meeting, the
Commission directed Administration to present additional modifications at the June 11,2014 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 , 2014 City Commission meeting, residents also provided suggestions to make the ordinance
stricter. The suggestions were carefully analyzed by staff. Staff found that some of the suggestions are already
covered under the existing 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 ADMINTSTRATION RECOMMENDS THAT THE ORDINANGE BE ADOPTED ON FIRST READING.
Advisorv Board Recommendation :
Financial lnformation :
Source of
Funds:
Amount Account
I
OBPI Total
Financial lmoact Summary: None.
Jose R. Gonzalez X6768
.Ih
-
ANIAANIBEACH 5
g MIAMIBEACH
City of Miqmi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMI ION MEMORANDUM
Mayor Philip Levine and
Jimmy L. Morales, City Manager
June 1 1,2014
AN ORDINANCE AMENDING C
BEACH, ENTITLED "MISC EOUS OFFENSES," BY AMENDING ARTICLE II,
ENTITLED ,.PUBLIC PLACES,'' BYAMENDING DIVISION 2, ENTITLED ..BICYCLING,
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 "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 AMEND AND PROVIDE ADDITIONAL PENALTIES FOR VIOLATIONS
OF SECTIONS 70-69(D)-(E) AND 70-70; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AMENDING THE TIME TO APPEAL A
VIOLATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommend,s 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
ln2007, 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:
of the ty Commission
FIRST READING
70 OF THE CODE OF THE CITY OF MIAMI
6
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 1 1,20'14
Page 2 of 6
Electric PersonalAssistive Mobility Devices (also known as Segways) along the City's Beachwalk.
Recently, this has also included the use of Electric PersonalAssistive 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.
CURRENT 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 conceming 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 15th 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. 2Q12-28041 (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 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. 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) The insurance required pursuant to Section 70-70(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 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 rentsileases 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.
7
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 11,2014
Page 3 of 6
f) 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 orwho 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 Operators of Electric Personal Assistive MobiliW 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.
ANALYSIS
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 Streets, 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 Road. on the west side of Ocean Drive between South Pointe Drive and 1Sth Street
. 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 (current and 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 personalassistive mobilitydevices
on any bicycle transportation and pedestrian walkway facility, including trails, funded under the
8
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. 5217 , 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 1Sth 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 orthe 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:
o Beachwalk between 1Sth and 23'd Streets. Beachwalk between 64th and 79th Streets. Lummus Park Promenade (also known as the Lummus Park Serpentine Walkway) between
Sth and 1Sth Streetso Sidewalks on the east side Of Ocean Drive between South Pointe Drive and 1Sth Street
o South Pointe Park cutwalk adjacent and parallel to Government Cut
o Marina Baywalk adjacent and parallel to Biscayne Bay and South of Sth Street
. Beachwalk between South Pointe Park cutwalk and Sth 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 15th Street, the South
Pointe Park Cutwalk adjacent and parallel to Government Cut and the Marina Baywalk adjacent and
parallel to Biscayne Bay and south of Sth 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 .........$1,000.00;
Second offense .....$2,500.00;
(i)
( ii)
9
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 1 1,2014
Page 5 of 6
(iii) Third and Fourth subsequent offenses.... $5,000.00;
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 bythe 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 70-70e.
. 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 certification, the lnsurance Tracking System
contract awarded by City Commission in May 2014 will allow the City to 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
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.
o Suggestion: Add an annual application for the issuance of a unique numbered license
plate for each motorized vehicle. (Sec. 70-70 (g))
Response: 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.
. Suggestion: Add provision that limits rentals to organized tour groups. (Sec. 70-70 (h))
Response: This item will be referred to NCAC for discussion, input, and direction.
10
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
June 11,2014
Page 6 of 6
!n addition to the prohibitions described herein, State Statute 316.1995 prohibits anyvehicle 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.
REGOMMENDATION
ln the interest of public safety and in response to public input received at the May 21, 2014 City
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 wellas the amended penalties and appeal requirements.
Attachments:
A: Resolution No. 2012-28041
,&;#.{,i;--",.:--"::::".,orrransportationonBeachwa,kMEM.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
APPROVING AND AUTHORIZING A GRANT TO MOUNT SINAI, IN THE AMOUNT OF $15,OOO,OOO PAYABLE
OVER A TERM OF ,I5 YEARS, FOR THE SOLE PURPOSE OF REIMBURSING MOUNT SINA! FOR COSTS
ASSOCIATED WITH MOUNT SINAI'S EMERGENCY ROOM EXPANSION PROJECT
T:\AGE
AGENDA ITEM R 1R
Supporting Data (Surveys, Environmental Scan, etc
Item Summary/Recommendation :
Mt. Sinai has requested that the City partner with them to improve the Emergency Department facility and replace
it with 43,000 square feet of new and renovated space, which can serve more than 80,000 patients annually. The
new and renovated portions of the project are expected to cost approximately $30,000,000 and be completed in
May 2017 and January 2018, respectively,
The Commission approved the grant at the May 28,2014 meeting, but directed that the Grant Agreement be
brought back to the June 11 ,2014 meeting for approval. Said Agreement would need to include the following:
'l- that the annual payments from the City would be $1 million for fifteen years totaling $15 million;
2- that in lieu of interest, the City would either waive, or make a payment to Mount Sinai in an amount
equivalent to, the City's building permit fees paid by Mount Sinai on the 2014 projects subsequent to
their payment (not to exceed $1.5 million in the aggregate); and
3- that Mount Sinai would provide to the City as a public benefit, a permanent public access easement
(minimum 15 feet width) along the northern and westem boundaries of the Mount Sinai property
where the City could extend the bay walk and also provide a possible bike path and connection to
the proposed Atlantic Greenway Network and to our planned Blue Way.
4- A 50 year lease to the City of 2,000 square feet at $1.00 per year for Emergency Management
purposes in the Emergency Department facility.
5- 700 one-day parking vouchers for seniors annually.
6- Quarterly outreach seminars at senior centers in the City.
7- Proorams related to health care and careers in health care at schools located in the C
This item was heard at the May 20, 2014 Finance and Citywide Projects Committee who
recommended that the item be forwarded to the Mayor and City Commission for discussion.
Financial !nformation:
Source of
Funds:
Amount Account
1 15,000,000 To Be Determined Annually during the Budget
orocess
2
OBPI Total 15,000,000
Financial lmpact Summary:
ln accordance with Charter section 5.02, 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 is sutficient capacity in the City's Funds to absorb the annual $1 million payment.
Sion-Offs:
Department Director Assistant City Manager ity Manager
PDW JLM 7 I.n
NDA\201 4Uune\Mt Sinai - SUM.docx
Ig MIAMIBEACH onre 6-l l-lU13
(9 MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of City
FRoM: Jimmy L. Morales, City Manager
DATE: June 1 1,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THEctry oF MTAMI BEACH, FLORTDA ("CtTy") AppROVtNG AND
AUTHORIZING THE CITY MANAGER TO TAKE THE FOLLOWING
ACTIONS, SUBJECT TO AND CONDITIONED UPON THE
SUCCESSFUL NEGOTIATION BETWEEN THE CITY AND MOUNT
stNAt MEDICAL CENTER OF FLOR|DA, !NC. ("MOUNT StNAt") OF
THE GRANT AGREEMENT, LEASE AGREEMENT, BAYWALK
EASEMENT, AND ADDITIONAL BENEFITS (ALL AS HEREINAFTER
DEFINED): 1) AUTHORIZING A GRANT CONTRIBUTION TO MOUNT
stNAt, tN THE AMOUNT OF $15,000,000 ("GRANT MON!ES"),
PAYABLE COMMENCING ON SEPTEMBER 15, 2015, OVER A TERM
OF 15 YEARS, FOR THE SOLE PURPOSE OF REIMBURSING
MOUNT SINAI FOR HARD AND SOFT COSTS ASSOCIATED WITH
MOUNT SINAI'S EMERGENCY ROOM EXPANSION PROJECT (THE
"ER PROJEGT"); 2l REIMBURSING MOUNT SINAI FOR ALL
CITY BUILDING PERMIT FEES IN CONNECTION WITH THE
HOSPITAL IMPROVEMENTS (AS HEREINAFTER DEFINED), UP TO
(BUT NOT TO EXCEED) $1,500,000; 3) COVENANTING TO
ANNUALLY BUDGET AND APPROPRIATE THE ANNUAL
INSTALLMENT PAYMENT OF THE GRANT MONIES FROM
LEGALLY AVAILABLE NON.AD VALOREM REVENUES; 4I
DELEGATING AUTHORITY TO THE CITY MANAGER TO
NEGOTIATE THE FINAL TERMS OF THE GRANT AGREEMENT
WITH MOUNT SINAI ("GRANT AGREEMENT"); 5) ALSO
DELEGATING AUTHORITY TO THE CITY MANAGER TO
NEGOTIATE A) A LEASE AGREEMENT WITH MOUNT SINAI FOR
THE CITY'S EMERGENCY MANAGEMENT OFFICE, WITH SUCH
LEASED PREMISES HAVING UP TO 2OOO SQUARE FEET, TO BE
LOCATED IN THE NEW EMERGENCY ROOM FACILITY, FOR A
TERM OF 50 YEARS AND $1 PER YEAR TOTAL RENT ("LEASE
AGREEMENT"), B) A PERPETUAL PUBLIC ACCESS EASEMENT !N
FAVOR OF THE CITY, ALONG THE NORTHERN AND WESTERN
BOUNDARIES OF THE MOUNT SINAI PROPERTY FOR THE
PURPOSE OF THE CITY'S CONSTRUCTION, MAINTENANCE AND
OPERATION OF A pUBLtC BAYWALK (,,BAYWALK EASEMENT");
AND C) ADDTTTONAL CrTy BENEFTTS PROFFERED By MOUNT
14
SINAI AS ADDITIONAL CONSIDERATION FOR THE CITY'S AWARD
oF THE GRANT, SUCH BENEFTTS TO TNCLUDE (i) 700 ONE-DAY
PARKING VOUCHERS PROVIDED TO THE CITY ANNUALLY FOR
D|STR|BUTION By THE CtTy TO SENTOR CITIZENS, (ii)
QUARTERLY OUTREACH SEMINARS PROVIDED BY MOUNT SINAI
AT SENTOR CENTERS rN THE CtTy, AND (iii) pARTtCtpATtON By
MOUNT SINAI IN PROGRAMS RELATED TO HEALTH CARE AND
CAREERS IN THE HEALTH CARE INDUSTRY AT SCHOOLS
LOCATED lN THE GITY; AND 6) FURTHER DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE GRANT AGREEMENT, LEASE
AGREEMENT, AND ACCEPT THE BAYWALK EASEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS
ADMINISTRATION RECOMMENDATION
Adopt the revised resolution and approve the Grant Agreement.
BAGKGROUND
Since its founding in 1949, Mount Sinai has faithfully served the residents of the City,
Miami Dade County, and their visitors and guests. Over the course of its history, Mount
Sinai's mission and importance to the local community has greatly expanded to include
its designation as one of only ten statutorily designated teaching hospitals in the State of
Florida, and the City's largest private employer.
Mount Sinai has over 200,000 inpatient and outpatient admissions annually and is
currently the only hospital and emergency healthcare services provider on the island to
service Miami Beach's more than 5 million annual visitors.
The Emergency Room ("ER") was constructed in 1972 and is comprised of
approximately 16,000 square feet of space and was designed to serve approximately
20,000 patients annually. ER utilization has increased 460/o, trom 28,917 visitors in
2002, to 42,238 visitors in 2012, and is expected to significantly increase over the
coming years. Mt. Sinai needs to address and alleviate potential challenges that may
result from the continued growth of year-round tourism, special events and the ongoing
flow of Miami residents as well as residents of other south Florida communities who
travelto Miami Beach.
ANALYS!S
Mt. Sinai has requested that the City partner with them to improve the Emergency
Department facility and replace it with 43,000 square feet of new and renovated space,
which can serve more than 80,000 patients annually. The project will construct a new
facility which will be approximately 36,000 square feet with 40 treatment bays that will
accommodate triage, trauma, behavioral and other health issues. The project will also
renovate 7,000 square feet of the existing emergency facility and convert it to a 18-22
bed clinical decision/observation unit. Additionally, the project will accommodate an
advanced Emergency Operations Center. The new and renovated portions of the project
are expected to cost approximately $30,000,000 and be completed in May 2017 and
January 2018, respectively,
The item was discussed at the May 21, 2014 Commission meeting following a
15
presentation by Mt Sinai. The Commission agreed to bring the item back to its May 28,
2014 meeting. ln preparation for the May 28th meeting, the Manager and Commissioner
Weithorn met with Mount Sinai representatives and tentatively agreed on the following
terms:
1- that the annual payments from the City would be $1 million for fifteen years
totaling $15 million;
2- a Lease Agreement with Mount Sinai for the City's use of a minimum of 2,000
square feet of space of the Emergency Operations Center on the Mount Sinai
campus. This lease shall be for utilization by the City's Emergency
Management Office for an initial minimum term of 50 years and a rental
amount of $1 per year (the City's consideration for rent on the Lease being
the Grant Monies). The City shall be responsible for all costs associated with
the tenant build-out of the Lease premises,
3- that in lieu of interest, the City would either waive or make a payment to
Mount Sinai in an amount equivalent to, the City's building permit fees paid
by Mount Sinai on the 2014 projects subsequent to their payment (but in no
event to exceed $1.5 million in the aggregate); and
4- that Mount Sinai would provide to the City as a public benefit, a permanent
public access easement (minimum 15 feet width) along the northern and
western boundaries of the Mount Sinai property where the City could extend
the bay walk and also provide a possible bike path and connection to the
proposed Atlantic Greenway Network and to our planned Blue Way.
On May 28th, the Commission adopted Resolution No.2014-28609 which authorized the
City Manager and the City Attorney to negotiate the specific terms of this grant in a
separate Grant Agreement, and to bring such Grant Agreement back to the City
Commission for approval at the June 11,2014 meeting. As part of said approval, the
City Commission requested, and the representatives of Mount Sinai in attendance,
agreed to include 700 one-day parking vouchers provided to the City annually for
distribution by the City to senior citizens, (ii) quarterly outreach seminars
provided by Mount Sinai at Senior Centers in the City, and (iii) participation by
Mount Sinai in programs related to health care and careers in the health care
industry at the schools located in the City.
The attached Grant Agreement incorporates the business deal approved by the City
Commission and makes the covenant to budget and appropriate funds subject to
successful negotiation and execution by the City and Mount Sinai of the Lease
Agreement, the Baywalk Easement and such other terms and conditions as are set forth
in the Grant Agreement.
The Mayor, City Clerk, City Manager, City Attorney, and Chief Financial Officer are also
authorized and directed to do all things and execute any and all documents necessary to
carry-out the intent of the attached resolution including, without limitation, engaging the
City's bond counsel (or other outside counsel selected by the City Attorney) and financial
advisor to assist in the negotiation and execution of the Lease Agreement and any other
documents. ln the event that the City retains bond counsel (or other outside counsel) to
assist in the negotiation and execution of the Grant Agreement, Mount Sinai shall pay
any and all costs associated with the City's legal fees with respect thereto. The Mayor
and City Clerk are hereby authorized to execute the Grant Agreement, the Lease
16
Agreement and accept the Baywalk Easement upon conclusion of successful
negotiations.
CONGLUSION
The Administration recommends that the City Commission approve the revised
resolution and the Grant Agreement.
JLM/PDW
17
GRANT AGREEMENT
This Grant Agreement ("Asreement") is made effective as of this _ day of
,2014 (the "Ej&g!EE"), by and between the City of Miami Beach, Florida, a
municipal corporation duly organized and existing under the laws of the State of Florida (the
"g!8,") and Mount Sinai Medical Center of Florida, Inc., a Florida not-for-profit corporation (the
'r[gq!!4lrr) (the City and the Hospital each, a 'r[4['t and collectively, the "@").
RECITALS
A. The Hospital desires to improve, renovate, construct and expand its current
medical center, including, without limitation, the ER Project (as hereinafter defined),
improvements to existing medical center facilities, and any work in connection with the
Hospital's seawall (collectively, the "Ilotpital Improvements").
B. The Parties acknowledge and agree that, as a critical component of the Hospital
Improvements, the Hospital shall improve, renovate, construct and expand its current emergency
room facility (the "EB") in order to, among other things, accommodate increased utilization rates
(the ER component of the Hospital Improvements is hereinafter referred to as the "E$Igiggl").
C. The Parties acknowledge and agree that (i) the Hospital and the ER serve a vital
public purpose to the City, and (ii) the Hospital Improvements, including the ER Project,
constitute capital improvements to a physical asset which is essential to the welfare, safety, and
well-being of the residents of, and visitors to, the City.
D. Reference is made to that certain Resolution No. 2014-28609, passed and adopted by the
Mayor and City Commission of the City on }l4ay 28, 2014, and attached and incorporated as
Exhibit "A" hereto (the "Resolution"), in which, among other things, representatives of the City
authorized and approved the City's financial support of the ER Project and the Grant (as
hereinafter defined), subject to the terms and conditions of this Agreement, and subject further to
(i) the Hospital and City entering into a lease for certain premises within the new ER facility for
use by the City as an emergency management office (the "@g"); (ii) the grant of a perpetual
public access easement by the Hospital, as grantor, in favor of the City, as grantee, for the City's
construction, operation and maintenance of a public baywalk along the bayfront boundaries of
the Hospital's property (the "Baywalk Easement"); (iii) seven hundred (700) one-day parking
vouchers provided to the City annually for distribution by the City at senior centers located
within the City ("Senior Centers"); (iv) quarterly outreach seminars (lectures) provided by the
Hospital at the Senior Centers; and (v) participation by the Hospital in programs related to health
care, careers in health care (such as career days) at schools located within the City, (subsections
(iii)through(v)arehereinafterreferredtoas''@'').
E. Consequently, and in furtherance of the Resolution, the City desires to grant to the
Hospital a grant, in the aggregate sum of $15,000,000 the "Qg4!" and any portion of such sum,
''@!9g'')inaccordancewiththegenera1termsandconditionscontainedinthis
Agreement.
4298716t2tMtAMt 18
1.1
1.2
F. In addition to and separate from the Grant, the City shall reimburse the Hospital
for fees paid by the Hospital to the City for building permits in connection with the Hospital
Improvements(the''@'').InnoeventshalltheCrty,sobligationtoreimburse
the Hospital for the Fee Reimbursement exceed the amount of $1,500,000.
NOW THEREFORE, it is hereby mutually covenanted and agreed by and between the
Parties hereto that this Agreement is made in consideration of the terms, covenants and
conditions hereinafter set forth.
ARTICLEl -THEGRANT
The Recitals above are incorporated herein by reference.
The City hereby approves and authorizes the Grant and agrees to pay the Grant to the
Hospital, but solely from Non-Ad Valorem Revenues (as hereinafter defined) as provided
in Section 2.6., for the sole purpose of reimbursing a portion of the Hospital's hard and
soft costs incurred in connection with the ER Project (such costs, the "EB-bj.gg!
Cos1!g"), as further set forth herein.
The Hospital agrees and covenants to use the Grant (including, without limitation, all
portions of the Grant Monies) solely for the purpose of defraying a portion of the ER
Project Costs ("Hospital Compliance").
The City hereby approves and authorizes the Fee Reimbursement and agrees to pay the
Fee Reimbursement to the Hospital, but solely from Non-Ad Valorem Revenues as
provided in Section 2.6., as further set forth herein. The Hospital agrees and covenants to
use the Fee Reimbursement solely for defraying the City building permit fees incurred by
the Hospital in connection with the Hospital Improvements.
The term of this Agreement (the "@") will commence on the Effective Date and will
terminate, whereupon the Parties shall be released from all fuither obligations under this
Agreement, except those obligations which expressly survive the termination of this
Agreement, upon (i) the Grant being fully paid by the City to the Hospital, and (ii) the
Hospital's application, receipt of, and payment for, all building permits required from the
City in connection with the Hospital Improvements and the payment of the Fee
Reimbursement thereof, by the City to the Hospital (up to, but not to exceed, the amount
of $1,500,000). Notwithstanding the preceding, or any other term or condition of this
Agreement, the Parties hereby agree and acknowledge that the Lease, and the Baywalk
Easement are intended to survive the term/termination of this Agreement. Additionally,
regardless of whether the City prepays the Grant, the Hospital's obligations to provide the
Additional City Benefits shall remain in full force and effect for the full fifteen (15) year
duration of the Installment payments.
ARTICLE 2 _ FUNDING
The Grant shall be paid by the City to the Hospital in fifteen (15) consecutive annual
installments of $1,000,000 (each such funding, an "I4S!e!!@1"); provided, however,
that, at the City's discretion, the City may be excused from payment of an Installment for
1.3
t.4
1.5
2.1
4298716t2tMtAMt 19
2.2
a period of up to one (1) year in the event of a force majeure, as provided in Section 6.11
hereof.
Commencing with the first Installment payment on September 15, 2015, (the "Initial
Payment Date") each Installment shall be paid by the City to the Hospital on or before
September 15 of such year (each, a "Ea@!,Je!g") by wire transfer to an account
designated by the Hospital; provided, however, that the City shall not be required to make
the first Installment payment unless and until (i) the Parties have executed the Lease; (ii)
the Parties have negotiated the terms of the Baywalk Easement, based upon the minimum
business terms set forth in the Resolution and the Hospital has conveyed a final executed
Baywalk Easement to the City; and (iii) the Parties have negotiated and mutually agreed
upon the terms of the Additional City Benefits, based upon the minimum terms set forth
in the Resolution and the Recitals contained in this Agreement and, based upon such
mutual agreement, the Hospital has commenced performance of such Benefits
(hereinafter, (i) through (iii) may also be referred to as the "Conditions Precedent").
If the Hospital has incurred, and paid, City building permit fees in connection with the
Hospital Improvements that may be reimbursed pursuant to a Fee Reimbursement, thentheHospitalshallprovidewrittennoticetotheCity(a''@''),
accompanied by evidence of payment and such other supporting documentation, as may
be reasonably requested by the City, specifying the applicable building permit and the fee
amount related thereto.
Within thirty (30) days after the City's receipt of a Reimbursement Request, the City shall
provide written notice to the Hospital indicating its intent (i) to pay the Fee
Reimbursement in the amount set forth in the Reimbursement Request; (ii) to pay the Fee
Reimbursement in an amount other than that set forth in the Reimbursement Request; or
(iii) not to pay the Fee Reimbursement, or any amount thereof, as requested in the
Reimbursement Request. In the event that the City responds in accordance with clause (i)
of the preceding sentence, the City shall fund the Fee Reimbursement to the Hospital
within five (5) days thereof. In the event that the City responds in accordance with clause
(ii) or (iii) of this Section 2.4, the City and the Hospital agree to cooperate with each
other for the purpose of establishing the accurate amount to be paid, if any, pursuant to a
Fee Reimbursement as soon as practicable thereafter, and the agreed-upon amount of the
Fee Reimbursement shall be paid within five (5) days of the agreement thereof.
The City may, at its option and upon thirty (30) days prior written notice to the Hospital,
prepay any amount of the Grant and/or Fee Reimbursement in whole or in part to the
Hospital. Any prepaid amount attributable to the Grant shall be deducted from the
scheduled Installments as determined by the City. If a notice of prepayment is given by
the City to the Hospital pursuant to this Section 2.5, the amount designated for
prepayment shall be due and payable on the proposed prepayment date, and shall be
made in the manner of Installment payments as set forth in Section 2.2.
Notwithstanding anything to the contrary contained in this Agreement or elsewhere, the
obligations of the City under this Agreement shall be subject to the provisions of this
Section 2.6. The City covenants to budget and appropriate in its annual budget, by
2.3
2.4
2.5
2.6
429A716t2tMtAMt 20
amendment, if required, from Non-Ad Valorem Revenues, amounts sufficient to pay the
amounts due under this Agreement as the same shall become due. Such covenant to
budget and appropriate from Non-Ad Valorem Revenues shall be cumulative to the
extent not paid and shall continue until such Non-Ad Valorem Revenues sufficient to
make all required payments have been budgeted, afpropriated and used to pay such
amounts. The Hospital and the City acknowledge the existence of Section 166.241,
Florida Statutes, which prescribes the budgetary process of the City and which prohibits
any expenditure or contractual obligation therefor from being made or incurred except in
pursuance of budgeted appropriations.
The City shall not be obligated to maintain or continue any of the activities of the City
which generate Non-Ad Valorem Revenues. In addition, in any fiscal year of the City,
the City may pay or make provision for payment of the expenses of providing Essential
Government Services (as defined below) of the City due or coming due in such fiscal
year from Non-Ad Valorem Revenues prior to being required to use any Non-Ad valorem
Revenues to pay amounts due hereunder.
Any Non-Ad Valorem Revenues which are restricted by a contract from being used to
pay the amounts due hereunder shall not be subject to the covenant to budget and
appropriate. Any Non-Ad Valorem Revenues which are prohibited by a general or
special law of the State of Florida from being used to pay the amounts due hereunder
shall not be subject to the covenant to budget and appropriate. Any source of Non-Ad
Valorem Revenues which is created after the date hereof and which is prohibited by a
general or special law of the State of Florida from being used to pay the amounts due
hereunder shall not be subject to the covenant to budget and appropriate.
The covenant to budget and appropriate set forth in this Section 2.6 does not create a lien
upon or pledge of the Non-Ad Valorem Revenues, nor does it preclude the City from
pledging in the future the Non-Ad Valorem Revenues, nor does it require the City to levy
and collect any particular Non-Ad Valorem Revenues, nor does it give the Hospital a
prior claim as opposed to claims of general creditors of the City. The City is not and
shall not be liable for the payment of the amounts due hereunder from any property other
than the Non-Ad Valorem Revenues as set forth in this Section 2.6. The Hospital shall
not have any right to resort to legal or equitable action to require or compel the City to
make any payment required hereunder from any source other than the Non-Ad Valorem
Revenues as set forth in this Section 2.6.
'Non-Ad Valorem Revenues" means in any fiscal year of the City, all revenues received
by the City in such fiscal year that are not derived from ad valorem taxation.
ooEssential Govemment Seryices" means the provision of public safety and general
govemmental services by the City, the expenditures for which are set forth as the line
items entitled ooGeneral Government Expenditures" and "Public Safety Expenditures" (or
similar line items) as reflected in the City of Miami Beach Statement of Revenues,
Expenditures and Changes in Fund Balances - Govemmental Funds and as reported in the
City' s Comprehensive Annual Financial Report.
4298716t2tMtAMt 21
3.1
ARTICLE 3 _ CONDITIONS TO INITIAL FUNDING;
Notwithstanding anything else contained herein, as soon as practicable after the Effective
Date, the Hospital shall demonstrate, to the reasonable satisfaction of the City's Chief
Financial Officer (the "CFO's Approval"), that appropriate financing is in place for the
Hospital to commence the ER Project and, once cofllmenced, that the Hospital has the
necessary funds to continuously prosecute such Project in good faith and with due
diligence, until completed. On or before that date which is ninety (90) days prior to the
Initial Payment Date, the City shall deliver written notice to the Hospital of the CFO's
Approval or a written notice containing instructions detailing how the Hospital may
obtainsuchapproval(the''@'').IntheeventthattheCitydeliversthe
CFO's Approval, and provided further that the Hospital has satisfied the Conditions
Precedent in Section 2.2 hereof, the initial Installment shall be made on the Initial
Payment Date. In the event that the City delivers the CFO's Instructions, and./or the
Hospital has not satisfied all or any of the Conditions Precedent, the City and the Hospital
agree to cooperate with each other for the purpose of obtaining the CFO's Approval
and/or satisfying the Conditions Precedent as soon as practicable thereafter, and the
initial Installment shall be made on the later of the Initial Payment Date or within five (5)
days of the City's delivery of written notice of the CFO's Approval and/or satisfaction of
the Conditions Precedent. For the avoidance of any doubt, from and after the time of the
CFO's Approval, all subsequent Installments shall be due on the applicable Payment
Date, except as may be otherwise provided herein.
ARTICLE 4 _ BOOKS AND RECORDS; INSPECTION RIGHTS
The Hospital shall maintain adequate records to justiff all charges, expenses, and costs
incurred which represent the (i) Grant funded portion of the ER Project and the (ii) Fee
Reimbursement, for at least three (3) years after completion of the ER Project. The City
shall have access to all books, records, and documents as required in this Article for the
purpose of inspection or auditing during normal business hours.
The Hospital shall maintain accounts, books and records in connection with the Grant
(including, without limitation, all portions of the Grant Monies) and the Fee
Reimbursement. The Hospital shall use reasonable commercial efforts to maintain such
accounts, books and records in such a manner that it will not be unduly costly or difficult
for the City to segregate, ascertain or identify the use of Grant Monies and/or the Fee
Reimbursement to determine Hospital Compliance, determine compliance with the Fee
Reimbursement or to otherwise determine Hospital compliance with the other terms and
conditions of the Grant (including, without limitation, ongoing compliance with the
Additional Benefits) during a City Inspection (as hereinafter defined).
The City shall have inspection and audit rights to determine compliance with items in
Section 4.2 hereof (the "City Insnection") as follows:
(i) At any time during the Term of this Agreement, the City or its
designated agent may examine, in accordance with generally accepted accounting
principles, all records directly or indirectly related to the Grant for the purpose of
4.1
4.2
4.3
4298716t2,MtAMt 22
determining Hospital Compliance or compliance with any of the other items delineated in
Section 4.2; provided, however, that in the event the City should become involved in a
legal dispute with a third party arising in connection with this Agreement, the Hospital
shall extend the period for City Inspection until the final disposition of the legal dispute
or such other time as the Parties may agree.
(ii) Any City Inspection shall be (A) subject to the City providing the
Hospital with three (3) business days prior written notice thereof; and (B) performed
during the regular business hours of the Hospital on regular business days of the Hospital.
ARTICLE 5 _ BREACH, OPPORTUNITY TO CURE AND TERMINATION
(a) Each of the following shall constitute a default by the Hospital:
(l) If the Hospital uses all or any portion of the Grant Monies for costs not
associated with the ER Project, or the Hospital uses all or any portion
of the Fee Reimbursement for purposes other than to reimburse
Hospital for costs incurred for City building permit fees for the
Hospital Improvements, and the Hospital fails to cure its default within
thirty (30) days after written notice of the default is given to the
Hospital by the City; provided, however, that if not reasonably possible
to cure such default within the thirty (30) day period, such cure period
shall be extended for up to ninety (90) days following the date of the
original notice if within thirty (30) days after such written notice the
Hospital commences diligently and thereafter continues to cure.
If the Hospital shall breach any of the other covenants or provisions in
this Agreement, and the Hospital fails to cure its default within thiny
(30) days after written notice of the default is given to the Hospital by
the City; provided, however, that if not reasonably possible to cure
such default within the thirty (30) day period, such cure period shall be
extended for up to ninety (90) days following the date of the original
notice if within thirty (30) days after such written notice the Hospital
cotlmences diligently and thereafter continues to cure.(b) Remedies:
(1) Upon the occurrence of a default as provided in Section 5(a), and such
default is not cured within the applicable grace period, the City, in
addition to all other remedies conferred by this Agreement, the
Hospital shall reimburse the City, in whole or in part, as the City shall
determine, all Grant Monies and Fee Reimbursements provided by the
City hereunder; provided, however, that if the Parties have negotiated
the final terms of the Additional Benefits and the Hospital has
cofllmenced performance of the Additional Benefits subject to those
terms, but subsequently defaults on its obligation to provide such
Benefits, then the City's remedies for such default shall be limited to
those provided in Article 5(bX2) below.
(2)
4298716t2,MtAMt 23
(2)
(3)
The City may institute litigation to recover damages for any default or
to obtain any other remedy at law or in equity (including specific
performance, pefinanent, preliminily or temporary injunctive relief,
and any other kind of equitable remedy).
The rights and remedies of the City are cumulative and the exercise by
the City of one or more of such rights or remedies shall not preclude
the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default.
Any failure of the City to exercise any right or remedy as provided in
this Agreement shall not be deemed a waiver by the City of any claim
for damages it may have by reason of the default.
Upon the occurrence of a default by the Hospital which remains
uncured within the time periods provided in Article 5(a), the City may
terminate this Agreement, upon written notice to Mount Sinai. Upon
termination of this Agreement, the City shall have no further liability
or obligation to the Hospital.
ARTICLE 6 _ GENERAL PROVISIONS
(4)
6.1
6.2
(s)
The City's obligations to fund the Grant and the Fee Reimbursement to the
Hospital are separate, apart and in addition to, and are not and shall not be
deemed to be part of or included within any or all other financial obligations of
the City to the Hospital, if any.
Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this Agreement by the Parties, their successors and assigns shall not
be deemed a waiver of any of its rights or remedies, nor shall it relieve the other
Party from performing any subsequent obligations strictly in accordance with the
terms of this Agreement. No waiver shall be effective unless in writing and signed
by the Party against whom enforcement is sought. Such waiver shall be limited to
provisions of this Agreement specifically referred to herein and shall not be
deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver unless the writing states otherwise.
Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term
hereof, by force of any statute, law or ruling of any forum of competent
jurisdiction, such invalidity shall not affect any other term or provision of this
Agreement, to the extent this Agreement shall remain operable, enforceable and
in full force and effect to the extent permitted by law.
This Agreement may be amended only with the written approval of the Parties.
This Agreement states the entire understanding and agreement between the Parties
and supersedes any and all written or oral representations, statements,
6.3
6.4
6.5
4298716t2lMtAMt 24
negotiations or agreements previously existing between the Parties with respect to
the subject matter of this Agreement.
6.6 The Parties agree that time is of the essence in the performance of each and every
obligation under this Agreement.
6.7 In the event a dispute arises that the Parties cannot resolve between themselves,
the Parties shall have the option to submit their dispute to non-binding mediation.
The mediator or mediators shall be impartial, shall be selected by the Parties, and
the cost of the mediation shall be bome equally by the Panies.
6.8 The City's obligation to fund all or any portion of the Grant is subject to and
contingent upon such funding continuing to be allowed and permissible pursuant
to applicable Florida law, as same may be amended from time to time. In the
event that City's performance and obligation to the Hospital with respect to the
Grant is rendered impossible by applicability of law(s), then the Parties agree that
City's obligation shall be extinguished, and that neither Party shall have any
further liability to the other with respect to the Grant.
6.9 In the event that the City or the Hospital institutes any action or suit to enforce the
provisions of this Agreement, the prevailing party in such litigation shall be
entitled to reasonable costs and attorney's fees at the trial, appellate and post-
judgment levels. This Agreement shall be govemed by and construed in
accordance with the laws of the State of Florida. The City and the Hospital agree
to submit to service of process and jurisdiction of the State of Florida for any
controversy or claim arising out of or relating to this Agreement or a breach of
this Agreement. Venue for any court action between the parties for any such
controversy arising from or related to this Agreement shall be in the Eleventh
Judicial Circuit in and for Miami-Dade County, Florida, or in the United States
District Court for the Southern District of Florida, in Miami-Dade County,
Florida.
6.10 Any notice, consent or other communication required to be given under this
Agreement shall be in writing, and shall be considered given when delivered in
person or sent by facsimile or electronic mail (provided that any notice sent by
facsimile or electronic mail shall simultaneously be sent personal delivery,
ovemight courier or certified mail as provided herein), one business day after
being sent by reputable overnight carrier or 3 business day after being mailed by
certified mail, return receipt requested, to the parties at the addresses set forth
below (or at such other address as a party may specify by notice given pursuant to
this Section to the other party):
To: The City:
429A716t2,MtAMt
To: The Hospital:
25
6.ll Force Majeure.Whenever a period of time is herein prescribed for the
taking of any action by a Party hereunder (including, without limitation, the time periods
prescribed under Article 2 hereof for payment of an Installment or a Fee Reimbursement), such
Party shall not be liable or responsible for any delays(including, without limitation, any delay by
the City in making an Installment Payment or a Fee Reimbursement payment), nor shall such
Party be obligated to perform hereunder, nor deemed to be in default hereunder, if the required
action or performance of a Party is prevented due to strikes, riots, acts of God, shortages of labor
or materials, war, governmental laws, regulations or restrictions, or any other cause whatsoever
beyond the control of such Party.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
9
4298716li,MlAMl 26
IN WITNESS WHEREOF, the Parties hereby execute this Agreement on the date written
below, to be effective as of the Effective Date.
ATTEST:HOSPITAL:
MOUNT SINAI MEDICAL CENTER OF
FLORIDA, INC., a Florida not-for-profit
corporation
Secretary:
Print Name:
By:
Name:
Title:
STATE OF FLORIDA
COLTNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _ day of _, 2014, by
Of thc MOI.]NT SINAI MEDICAL CENTER OF FLORIDA,
INC., a Florida not-for-profit corporation, on behalf of such not-for-profit corporation. They are
personally known to me or produced valid Florida driver's licenses as identification.
Notary Public
Print Name:
My Commission Expires:
4298716t2tMtAMt
10
27
IN WITNESS WHEREOF, the Parties hereby execute this Agreement on the date written
below, to be effective as of the Effective Date.
ATTEST:CITY:
CITY OF MIAMI BEACH, FLORIDA, A
municipal corporation of the State of Florida
By:By:
Rafael E. Granado
City Clerk
Philip Levine
Mayor
STATE OF FLORIDA
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 ML{MI 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 identification.
Notary Public
Print Name:
My Commission Expires:
APPROVED AS TO
FOHM & LANGUAGE
& FOR EXECUTION
4298715lZMtAMt
.(- u{t Ir+
--DEiaf
28
RE SOLUTION NO.20 1 4-28609
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
oF MIAMI BEACH, FLORIDA ((CITY") APPROVTNG AND AUTHORIZING
THE CITY MANAGER TO TAKE THE FOLLOWING ACTIONS, SUBJECT TO
AND CONDITIONED UPON THE SUCCESSFUL NEGOTIATION BETWBBN
THE CITY AND MOUNT SINAI MEDICAL CENTER OF F'LORIDA, INC.
(*MOUNT SrNAI') OF THE GRANT AGREEMENT, LEASE AGREEMENT,
BAYWALK EASEMENT, AND ADDITIONAL BENEFITS (ALL AS
HEREINAFTER DEFINED): 1) AUTHORIZING A GRANT CONTRIBUTION
TO MOUNT STNAI, IN THE AMOTINT OF $15,000,000 ((GRANT MONTES'),
PAYABLB COMMENCING ON SEPTEMBER 15, 2015, O\rER A TERM OF 15
YEARS, FOR THE SOLE PURPOSE OF REIMBT]RSING MOUNT SINAI FOR
HARD AND SOFT COSTS ASSOCIATED WITH MOTMIT SINAI'S
EMERGENCY ROOM EXPAIISION PROJECT (THE "ER PROJECT"); 2)
REIMBURSING MOUNT SINAI F'OR ALL CITY BTIILDING PERMIT FEES IN
CONNECTION WITH THE HOSPITAL IMPROVf,MENTS (AS HEREINAFTER
DEFINED), UP TO (BUT NOT TO EXCEED) $1,500,000; 3) COVENANTING TO
AIIIIUALLY BUDGET AND APPROPRIATE THE ANIruAL INSTALLMENT
PAYMENT OF THE GRANT MONIES FROM LEGALLY AVAILABLE NON-
AD VALOREM REYENUES; 4) DELEGATING AUTHORITY TO THB CITY
MANAGER TO NEGOTIATE THE FINAL TERMS OF THE GRANT
AGREEMENT WITH MOUNT SINAI ("GRANT AGREEMENT"X 5) ALSO
DELEGATING AUTHORITY TO THE CITY MANAGER TO NEGOTIATE A) A
LEASE AGREEMENT WITH MOUNT SINAI FOR THE CITY'S EMERGENCY
MANAGEMENT OFFICE, WITH SUCH LEASED PREMISES HAVING UP TO
2000 SQUARE FEET, TO BE LOCATED rN TIm NEW EMERGENCY ROOM
FACILITY, tr'OR A TERM OF 50 YEARS At[D $1 pER YEAR TOTAL RENT
(''LEASE AGREEMENT''), B) A PERPETUAL PUBLIC ACCESS EASEMENT
IN FAVOR OF THE CITY, ALONG THE NORTHERN AND WESTERN
BOUNDARIES OF THE MOTI\T SINAI PROPERTY FOR THE PURPOSE OF'
THE CITY'S CONSTRUCTION, MAINTENANCE AND OPERATION OF A
PUBLIC BAYWALK (*BAYWALK EASEMENT'); AND C) ADDITIONAL CITY
BENEFITS PROFERRED BY MOI]NT SINAI AS ADDITIONAL
CONSIDERATION FOR THE CITY'S AWARD OF THE GRANT, SUCH
BENEFITS TO TNCLUDE (D 700 ONE-DAY pARrilNG VOUCHERS PROVTDED
TO THE CITY ANIIUALLY FOR DISTRIBUTION BY THB CITY TO SBNIOR
CITTZENS, (ii) QUARTERLY OUTREACH SEMINARS PROYIDED BY
MOUIIT SINAI AT SENIOR CENTERS IN THE CITY, AI\D (iiD
PARTICIPATION BY MOUNT SINAI IN PROGRAMS RELATED TO HEALTH
CARE AI\D CAREERS IN THE HEALTH CARE IIDUSTRY AT SCHOOLS
LOCATED IN THE CITY; AND 6) FURTHER DIRf,CTING THE MAYOR AND
CITY CLERI( TO EXECUTE THE GRANT AGREEMBNT, LEASE
AGREEMENT, AND ACCEPT THE BAYWALK EASEMENT UPON
CONCLUSION OF' SUCCESSFUL NEGOTIATIONS.
WHEREAS, since its founding in 1949, Mount Sinai has faithfully served the residents of the
City, Miami Dade County, and their visitors and guests; and
29
WHEREAS, over the course of its history, Mount Sinai's mission and importance to the local
community has greatly expanded to include its designation as one of only ten statutorily designated
teaching hospitals in the State of Florida, and the City's largest private employer; and
WHEREAS, Mount Sinai has over 200,000 inpatient and outpatient admissions annually; and
WHDREAS, Mount Sinai is currently the only hospital and emergency healthcare services
provider on the barrier islands to service Miami Beach's more than 5 million annual visitors; and
WHEREAS, the Emergency Room ("ER") was constructed in 1972 and is comprised of
approximately 16,000 square feet of space; and
WHEREAS, ER utilization increased 460 , from 28,917 visitors in 2002, to 42,238 visitors in
2012, and is anticipated to increase approximately 49o/o, to a total of 62,800 visitors by 2020; and
WHEREAS, the aforementioned ER utilization rates occurred during a period of time in the
City's history when its resident population remained static or experienced slight declines; and
WHEREAS, ER utilization rates are highly correlated to increase in average daily visitors, with
visitor rates during the same ten-year period between 2002 and 2012 experiencing similar annual $owth
trends, yielding a .969 correlation co-efficient between growth in the tourism industry and ER usage; and
WHEREAS, Mount Sinai desires to improve, renovate, construct and expand its current medical
center including, without limitation, its current emergency room facility (the "ER project") in order to,
among other things, accommodate increased utilization rates; and
WHEREAS, the Mayor and City Commission hereby find and declare that the ER Project (as
defined in this Resolution) is a capital improvement to a physical asset which is essential to the welfare,
safety, and well-being of the residents of, and visitors to, the City, and that, as such, the Project serves a
vital public purpose to the City; and
WHEREAS, non-ad valorem revenues may, in part, be utilized to fund capital improvements and
the maintenance of all physical assets which are essential to the welfare, safety, and well-being of the
residents of, and visitors to, the City, and which serve a public purpose to the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AI\D CITY
COMI\{ISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, subject to and conditioned
upon the successful negotiation of the Grant Agreement, Lease Agreement, Baywalk Easement, and
Additional City Benefits (all, as defined in this Resolution), the Mayor and City Commission hereby
approved and authorize the following actions:
Section 1. The City is hereby authorized to provide Mount Sinai with a grant, to be funded
as provided in Section 2 below, in the amount of $15,000,000, paid in annual installments over a lS-year
term of $1,000,000 (the "Grant Monies"). The Grant Monies shall be used solely for the ER Project and,
at a minimum, the Grant Agreement shall give the City audit and inspection rights to ensure this. Prior to
payment of the first installment of the Grant Monies to Mount Sinai, Mount Sinai shall demonstrate, to
the satisfaction of the Crty's Chief Financial Officer, that it has the necessary funds ready and available to
undertake and complete the ER Project. Provided the City and Mount Sinai a) successfully negotiate the
final terms of, and execute, the Grant Agreement and Lease Agreement; b) as to the Baywalk Easement,
that Mount Sinai executes and conveys and the City accepts, such Easement; and c) the City and Mount
Sinai negotiate the final terms for Mount Sinai's provision of the Additional City Benefits, the term of the
30
Grant Agreement shall commence at the start of the City's 2014-2015 Fiscal Year. The Grant Monies
shall be used for the sole purpose of reimbursing Mount Sinai for costs associated with the ER Project.
Section 2. The City is hereby authorized to reimburse Mount Sinai, in an amount up to, but
not to exceed, $1,500,000, for all City building permits required for the ER Project, as well as City
building permit fees incurred by Mount Sinai in connection with other hospital improvements which
Mount Sinai intends to undertake concurrent with the ER Project. In addition to the ER Project, these
improvements include the improvement, renovation, construction, and expansion of the current medical
center facilities and work in connection with the Hospital's seawalls (together with the ER Project, the
aforestated improvements are collectively referred to as the "Hospital Improvements").
Section 3. The City is hereby authorized to covenant to budget and appropriate in its annual
budget, by amendment if necessary, from legally available non-ad valorem revenues in the then current
fiscal year, amounts suffrcient to pay the Grant Monies coming due in such fiscal year, until paid in full.
Such covenant to budget and appropriate funds shall be subject to the terms and conditions negotiated in
the final Grant Agreement and, subject further to the successful negotiation and execution by the City and
Mount Sinai of the Grant Agreement and Lease Agreement; successful negotiation, execution and
conveyance by Mount Sinai, and acceptance by the City of the Baywalk Easement; and successful
negotiation of the final terms under which Mount Sinai shall provide the Additional City Benefits.
Section 4. The City Manager is authorized to negotiate the Grant Agreement, consistent
with the business terms set forth in this Resolution. Said Agreement shall also reserve to the City, at is
sole option, the right to pre-pay the Grant Monies, without penalty or premium and with such discounts
(if any) as may be reflected in the Grant Agreement.
Section 5. The City Manager is also authorized to negotiate the Lease Agreement (or
"Lease") for the City's use of up to 2000 square feet of space in the new expanded Emergency Room
Facility, in a space to be determined by the City and Mount Sinai. Said Lease shall be for the operation of
the City's Emergency Management Office for an initial minimum term of 50 years and a total rental
amount of $1 per year (the City's consideration for rent on the Lease being the Grant Monies). The City
shall bear all costs associated with the tenant build-out of the Lease premises.
Section 6. The City Manager is further authorized to negotiate a perpetual public access
easement with Mount Sinai (as grantor) along the northern and western bay front boundaries of the Mount
Sinai property, for the City's (as grantee) construction, maintenance and operation of a public baywalk
("Baywalk Easement"). The Baywalk Easement would have approximately a minimum fifteen foot (15')
width, subject to existing impediments to that width, and would be designed by the City to accommodate
pedestrian and bicycle use and (as determined by the City) would also allow for the inclusion of other
amenities such as benches, a kayak stop, and a fishing pier.
Section 7. The City Manager shall include the Additional City Benefits in the Grant
Agreement, and is fuither authorized to negotiate the final specific terms under which Mount Sinai shall
provide the Additional Benefits.
Section 8. The Mayor, CiW Clerk, City Manager, City Attorney, and Chief Financial
Officer are hereby authorized and directed to do all things and execute any and all documents necessary
to carry-out the intent of this Resolution including, without limitation, engaging the City's bond counsel
(or other outside counsel selected by the City Attorney) to assist in the negotiation and execution of the
Grant Agreement and Lease Agreement. In the event that the City retains bond counsel (or other outside
counsel) to assist in the negotiation and execution of the Grant Agreement and Lease Agreement, Mount
Sinai shall pay any and all costs associated with the City's legal fees with respect thereto. Additionally,
31
Mount Sinai and its authorized representatives and the City Manager, City Attorney, and Chief Financial
Officer hereby pledge to each other to use and make all good faith reasonable efforts to negotiate the
Lease Agreement, Baywalk Easement, and Additional Benefits in accordance with the minimum business
terms set forth for each pursuant to this Resolution. Upon conclusion of successful negotiation by the
City and Mount Sinai of the Grant Agreement, Lease Agreement (the "Agreements"), and Baywalk
Easement, the Mayor and City Clerk are hereby authorized to execute the Agreements and, in the case of
the Baywalk Easement, upon successful negotiation and execution of the Easement and execution and
conveyance of the Easement to the City by Mount Sinai, the Mayor and City Commission are hereby
authorized to accept such Easement.
PASSED AND ADOPTED this day of _,2014.
MAYOR
ATTEST:
CITY CLERK
F:\ATTO\AGUR\RESOS-ORD\N4ount Sinai Medical Center - Resort Tar Resolution (Final 64-14).docx
APPROVED AS TO
FORM & LANGUAGE
& F.tlt EXECUTION
32
Condensed Title:
A Resolution Of The Mayor And Of The City Of Miami Beach, Florida, Authorilng The Malor
Execute Amendment No. 'l 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 Project No.8b- Lower Norh 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 Credib; And, 2) Addition Of Forty-
Five (45) Calendar DaysTo The Project Duration, ForTheTotal AmountOf $'1,089,868; Funding ForThisAmendment ls SubjeclToThe
For Fiscal Year 201312014 Beinq Presented At The June 11,2014 Commission
T:IAGENDA\2014Uune\Lower North Bay - CC June 11-2014\LNBR -No1-SummaryRFP
COMMISSION ITEM SUMMARY
DB SVCS.doc
AGENDA ITEiT
DATE
R] T
6-tt-tu
Build and maintain priority infrastructure with full
Supporting Data (Survep, Environmental Scan, etc: The 2009 Customer Satisfaction Survey indicated that 79% of
businesses rated recendy completed capital improvement projects as "excellenf or "good."
On July 18, 2013, the Administration issued Request for Proposals (RFP) No. 305-2013TC for Design-Build Services for he
Neighborhood No. 88 - Lower North Bay Road Right of Way lmprovement Projects. The Project limits consist of he North Bay Road
conidor, including Chase Avenue, bounded by Sunset Drive to the south, Biscayne Bay to the west, and Alton Road to the east and
north, including hose intersections within the aforementioned project limits, from Biscayne Bay to Alton Road.
The scope of the Design-Build project consists of: design, permitting, construclion, consfuction management, Public lnformation Officer
(PlO) and Resident Project Representative (RPR) services associated with; earthuork, roadway, pavement restoration, sidewalk re-
construction, water main and water services installation, sanitary sewer lining, storm drainage infrasfuclure insEllation, sfeeflight wiring
upgrades, and streetscape / planting improvements for Right-of-Way lnfrastructure lmprovement Program No. 88 - Lower North Bay
Road.
As was recommended by the Mayols Blue Ribbon Panel on Flood Mitigation and the Flooding Mitigation Committee, on February 12,
2014, the City Commission approved to amend the City's Storm Water Management Master Plan by modifying the 6 design oiteria for
the tailwater elevation and adopted an elevaUon of 2.7 ft-NAVD for all tidal boundary conditions (Exhibit A). The Public Works
Department has requested that staff implement he enhanced stormwater s)6tem oiteria induding increasing ftom Ginch trc 7.5-inch, the
Sday, 24-hour rain event.
ln order for this project to be compliant with the City's newly enacted stormwater criteria, modifications to the design, permitting and
construction of the stormwater drainage system will be required. Staff has been negotiating an amendment for the changes with he
Design-Build Firm for the overall drainage system modifications. The total negotiited additional cost associated with the design,
permitting and construction of the drainage system based on the new criteria is $1 ,309,197.
The drainage system modificatjon also requires a forty-five (45) calendar day time extension for construction of the drainage system
associated with the new stormwater criteria for the total revised project duration of six hundred and seventy-five (675) calendar dap.
The Design-Build Firm has been asked to extract the services associated with the Public lnformation Officer and portions of the
Construction lnspection (CEl)services, which was included in the Resident Project Representative task, from their contract. The total
amount of $218,319 is the negotiated credit for these tasks. The City will provide PIO and CEI services for this project under separate
contracts.
The current Agreement is in the Guaranteed Maximum Price (GMP) amount is $8,950,040. The above changes to the Agreementwill
result in an increase of $1 ,089,868 to the Agreement for a total revised GMP amount of $10,039,908. The negotiations were conducted
by staff from the Office of Capital lmprovement Projects (ClP) and Public Works Department (PWD) City Engineer's office. The
additional cost is fair and reasonable.
THE ADMINISTRATION RECOMMENDS ADOPTING THE
Source of
Funds:
Amount Account
1 $'1.089.868 429-2326-069357(4W 2
OBPI--/ | Total
Financial !mpact Summary:
$1,089,868
David Martinez, ext. 6972
E MIAMIBEACH 33
g MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members oflthe City
FROM: Jimmy L. Morales, City Manager
DATE: June 1 1,2014
SUBJECT: 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. 1 TO THE DESIGN-
BUILD SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH, FLORIDA, AND CENTRAL FLORIDA EQUIPMENT RENTAL,
INC., FOR THE DESIGN.BUILD SERVICES FOR RIGHT.OF.WAY
INFRASTRUCTURE IMPROVEMENT PROJECT NO. 8B - LOWER
NORTH BAY ROAD; THE AMENDMENT INCLUDES: 1) ADDITIONAL
DESIGN AND PERMITTING SERVICES TO INCORPORATE THE
NEW STORMWATER CRITERIA AND THE RESULTING
CONSTRUCTION MODIFICATIONS TO THE STORMWATER
DRAINAGE SYSTEM INCLUDING MISCELLANEOUS CREDITS; AND,
2l ADDTTTON OF FORTY-F|VE (45) CALENDAR DAYS TO THE
PROJECT DURATION, FOR THE TOTAL AMOUNT OF $1,089,868;
FUNDING FOR THIS AMENDMENT IS SUBJECT TO THE sTH
AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR
201312014 BEING PRESENTED AT THE JUNE 11, 2014
COMMISSION MEETING.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTGOME SUPPORTED
Build and maintain priority infrastructure with full accountability.
FUNDING
Amount
$1,089,869
Account Number
429-2326-069357 - Stormwater LOC Resolution No. 20009-27076
BACKGROUND
On July 18,2013, the Administration issued Request for Proposals (RFP) No. 305-2013TC for
Design-Build Services for the Neighborhood No. 88 - Lower North Bay Road Right of Way
lmprovement Projects. On December 11, 2013, the City adopted Resolution 2013-28436
34
City Commission Memorandum - Design/Build Services - Lower North Bay Road ROW lmprovements- Amendment 1
June 11,2014
Page 2 of 3
approving and authorizing the Mayor and City Clerk to execute a contract with Central Florida
Equipment Rental, lnc.
The Prolect limits consist of the North Bay Road corridor, including Chase Avenue, bounded by
Sunset Drive to the south, Biscayne Bay to the west, and Alton Road to the east and north,
including those intersections within the aforementioned project limits, from Biscayne Bay to
Alton Road.
The scope of the Design-Build project consists of: design, permitting, construction, construction
management, Public lnformation Officer (PlO) and Resident Project Representative (RPR)
services associated with; earthwork, roadway, pavement restoration, sidewalk re-construction,
water main and water services installation, sanitary sewer lining, storm drainage infrastructure
installation, streetlight wiring upgrades, and streetscape / planting improvements for Right-of-
Way lnfrastructure lmprovement Program No. 88 - Lower North Bay Road.
ANALYS!S
As was recommended by the Mayor's Blue Ribbon Panel on Flood Mitigation and the Flooding
Mitigation Committee, on February 12,2014, the City Commission approved to amend the City's
Storm Water Management Master Plan by modifying the design criteria for the tailwater
elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary conditions (Exhibit A).
The Public Works Department has requested that staff implement the enhanced stormwater
system criteria including increasing from 6-inch to 7.5-inch, the S-day, 24-hour rain event.
ln order for this project to be compliant with the City's newly enacted stormwater criteria,
modifications to the design, permitting and construction of the stormwater drainage system will
be required. Staff has been negotiating an amendment for the changes with the Design-Build
Firm for the overall drainage system modifications. The total negotiated additional cost
associated with the design, permitting and construction of the drainage system based on the
new criteria is $1 ,308,187.
The drainage system modification also requires a forty-five (45) calendar day time extension for
construction of the drainage system associated with the new stormwater criteria for the total
revised project duration of six hundred and seventy-five (675) calendar days.
The Design-Build Firm has been asked to extract the services associated ryith the Public
lnformation Officer and portions of the Construction lnspection (CEl) services, which was
included in the Resident Project Representative task, from their contract. The total amount of
$218,319 is the negotiated credit for these tasks. The City will provide PIO and CEI services for
this project under separate contracts.
The current Agreement is in the Guaranteed Maximum Price (GMP) amount is $8,950,040. The
above changes to the Agreement will result in an increase of $1,089,868 to the Agreement for a
total revised GMP amount of $10,039,908. The negotiations were conducted by staff from the
Office of Capital lmprovement Projects (ClP) and Public Works Department (PWD) City
Engineer's office. The additional cost is fair and reasonable.
RECOMMENDATION
The Administration recommends that 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
35
City Commission Memorandum - Design/Build Services - Lower North Bay Road ROW lmprovements- Amendment 1
June 1 1, 2014
Page 3 of 3
Florida Equipment Rental, lnc., for the Design-Build services for right-of-way lnfrastructure
lmprovement Prolect No. 8b - Lower North Bay Road; The Amendment includes: 1) additional
design and permitting services to incorporate the new stormwater criteria and the resulting
construction modifications to the stormwater drainage system including miscellaneous credits;
and, 2) addition of forty-five (45) calendar days to the pro.lect duration, for the total amount of
$1,089,868; funding for this Amendment is subject to the 5th Amendment to the capital budget
for fiscal year 201312014 being presented at the June 11, 2014 Commission meeting.
ATTACHMENTS
Exhibit A - Commission Memorandum dated February 12,2014
Exhibit B - Amendment 1 to the Design/Build Services for Right-of-Way lnfrastructure
lmprovement Program No. 88 - Lower North Bay Road
JLM/MT/DM
T:\AGENDA\2014\June\Lower North Bay - CC June 11-2014\LNBR- Amendment No 1- CC memo -RFP 305-2013TC Design-
Build.docx
36
g MIAMI BEACH
Clty of Mloml Beqch, l7O0 Convention Centar Driva, Miomi Beoch, Florido 33 139, www,miomibeochfl,gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Memberc or/[r," city c/mmission
FROM: Jlmmy L. Morales, Clty Manage b-,
DATE: February 12,2014
SUBJECT: A RESOLUTION OF THE MAYOR lS'lD GITY COMMIS$ION OF THE CITY OF MIAMI
BEAGH, FLORIDA, APPROVING THE RECOMMENDATION OF THE FLOODING
MITIGATION COMMITTEE TO AMEND THE STORIIIWATER MANAGEMENT MASTER
PLAN (COMMTS$ION ADOPTED NOVEMBER 14,20121By MOD|FYING THE DESTGN
CRITERIA FOR THE TAILWATER ELEVATION FROM 0.5 FT.NAVD TO 2.7 FT.NAVD
FOR ALL TIDAL BOUNDARY CONDITIONS.
BACKGROUND
At its January 28, 2014 meeting, the Flooding Mitigation Committee unanimously voted to
recommend changing the Stormwater Management Master Plan (Commission adopted November
14,2012) tailwater elevation design criteria from 0.5 ft-NAVD to 2.7 ft-NAVD for all tidal boundary
conditions. Tha tailwater elevation design criteria approved in the Stormwater Management Master
Plan is 0.5 feet-NAVD.
The discussion and formulation of these criteria was accomplished during the January 21, 2014
meeting of the mayor's Blue Ribbon Panelon Flooding, The Paneldiscussion suggested working
with peak tidal values rather than mean values, A peak tidal elevalion of 2.1 ft-NAVD was selected
based upon historical data. An additionalT Inches of projected sea level rise based upon data
published by the United States Army Corp of Englneers (ACOE) was added to the 2.1 to reach a
finalfigureof2,TNAVD. ThePublicWorksDepartmentrecommendsapprovalofthisnewtailwater
design criteria of 2.7 NAVD based upon peak historical tidal values and published ACOE data
regarding sea level ri$e as the next step in our ongoing etforts to combat flooding within the Cityof
Miami Beach.
ANALY$I$
Currently there are three (3) neighborhoods in active construction: Central Bayshore (7070
complete), Lake Pancoast (95% complete), and Venetian lslands (10% complete). A Design-Build
contract has been awarded for Lower North Bay Road neighborhood. The Palm & Hibiscus lslancls
Neighborhood is currently in the negotiation process for Design-Bulld Services.
This new criteria may have a significant impact on the design and construction of the above
referenced projects. The City shall determine if these criteria shall be applicable to these projects.
FINANCIAL IMPACT
Based upon some very preliminary estimates, the Public Works Department believes this would add
approximately $150M - $200M to the cost of the roadway and neighborhood stormwater
improvements above the funding requirements already identified bythe Stormwater Management
Master Plan. An additional 30*40 pump stations will be required, which will also raise issues of the
location ln neighborhoods,
CONCLUSION
The Administration recommends adoption of the Resolution.
JLM/{-€/DM/BAM/Ds
T:IAGENDA\201 4\February\Iailwater elevalion. Memo.doc
Exhibit A
384
37
Exhibit B
AMENDMENT NO. 1
TO THE DESIGN/BUILD SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA,
AND
CENTRAL FLORIDA EQUIPMENT RENTAL, INC.,
DATED
February 5,2014
IN GUARANTEED MAXIMUM PRICE AMOUNT OF $1,089,868
FOR THE DESIGN/BUILD SERVICES
FOR RIGHT-OF.WAY IN FRASTRUCTURE IMPROVEMENT
PROGRAM NO. 8B - LOWER NORTH BAY ROAD PROJECT
This Amendment No. 1 to the Agreement made and entered this dayof 2014,by
and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the
State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida
33139 (hereinafter referred to as CITY), and CENTRAL FLORIDA EQUIPMENT RENTAL, INC
having its offices at 9030 NW 97rH Terrace Medley, Florida,33178 (hereinafter referred to as
coNSULTANT).
RECITALS
WHEREAS, pursuant to Request for Proposal (RFP) 305-2013 for Design/Build Services for
Right-of-Way lnfrastructure lmprovement Program No. 8B - Lower North Bay Road, on December
11,2013 the Mayor and City Commission adopted Resolution No 2013-28436; approving and
authorizing the Mayor and City Clerk to execute a contract with Central Florida Equipment Rentals,
lnc, and
WHEREAS, this Amendment No. 1 in the Guaranteed Maximum Price (GMP) of $1 ,308,1 87
provides forthe re-design, permitting and construction of the StormwaterSystem, compllng with the
newly Stormwater Criteria adopted by the City of Miami Beach; and
WHEREAS, this Amendment No. 1 also includes a credit in the Lump Sum amount of
$218,319 for the extraction of services associated with the Public lnformation Officer (PlO) and
portions of the Construction lnspection Services (CEl), which was included in the Resident Project
Representative (RPR) task, from their contract; and
WHEREAS, the original contract is in the Guaranteed Maximum Price (GMP) amount of
$8,950,040; and
WHEREAS, this Amendment No. 1 will result in an increase of $1 ,089,868 to the contract for
a total revised GMP amount of $10,039,908; and
WHEREAS, this Amendment No. 1 includes a time extension of 4S-calendar days for
construction of the drainage system associated with the new stormwater criteria forthe total revised
project duration of six hundred and seventy five (675) calendar days from Notice to Proceed No.1
(NTP # 1) to the project Final completion, and
WHEREAS, the work shall be substantially completed within six hundred and fifteen (615)
calendar days from the date specifled in the first Notice to Proceed and complete and readyforfinal
38
payment in accordance with Article 8, within sixty (60) calendar days from the date certified by
contract administrator as the date of substantial completion; and
WHEREAS, City staff has evaluated the Design/Builder's fee proposal and find that the
proposal is fair and reasonable; and
NOW. THEREFORE. the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this Amendment
No.1.
2. MODIFICATIONS
The Agreement is amended to incorporate the Exhibit 1A- new stormwater design criteria
and Exhibit 1B- Request For Change Order #1, attached hereto.
3. RATIFICATION
The City and Design/Build Firm ratify the terms of the Agreement, as amended by this
Amendment No. 1.
lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:CITY OF MIAMI BEACH, FLORIDA
City Clerk Mayor
ATTEST:DESIGN/BUILD FIRM:
CENTRAL FLORIDA EQUIPMENT
RENTAL, INC.
Secretary President
Print Name Print Name
Attachments: Exhibit 1A- new stormwater design criteria
Exhibit 1B- Request For Change Order #1
39
Exhibit 1A
MIAMIBEACH
City of Miomi BGo<h, 1700 Convention Center Drive. Miami Beach, Florida 33139, www.miamibeachfl.gov
i:ri SLiC \^/ORKS Df PARTMENT
Tel: 305€73-7080. Fax 305673-7028
June 3, 2014
Mina Samadi
Senior Capital Project Coordinator
Capital lmprovements Project Office
Re: Bayshore Neighborhood No. 88 - Lower North Bay Road Right-of-Way lmprovements
Changes in the Design Criteria
The change to the Stormwater Design Criteria shall be as follows:
1) The design storm is a five year-24 hours with a rainfall amount of 7.5' (6.0" plus a FS of
1.25\
2) The boundary condition has changed to 2.7 ft NAVD. The following changes are the results:
a. Soil Storage will not be included in the drainage calculations
b. Exfiltration Trench will not be functional
c. Gravity wells will not be functional
d. lnjection r,rells will not be functional
3) All new drainage projects will require a pump discharge:
a. Pretreatment will be by Vortex structure
b. Pumps to be ceramic coated by Wilo, Flygt or approved equal
c. Pump station to include a trash rack structure, pump wet well, dissipater box and
outfall with armoring (note: no check valve but the discharge pipe from the pumps
needs to be at an invert of 2.7 NAVD.
d. Control panel to be above the 100 year flood BFE + 1 .0 ft and shall be shielded from
public view.
Regards,
fi,to*o' /4frr"4
Bruce A. Mowry, Ph.
City Engineer
40
Exhibit 1B
Central Florida Equipment Rental
9030 NW 9TthTenace Phone: (305) 888-3344
Medley, FL 33178 Fax: (305) 888-9305
CHANGE ORDER REQUEST
No.00001.0
TITLE: New Drainage Design Criteria
PROJECT: Lower North Bay Road Infrastructure
TO: Attn: Edward Baldie
City of Miami Beach
Office Capital Improvement Projects
777 lTth Street
Miami Beach, FL 33139
Phone: 305-673-7000 Fax: 786-673-7073
RE: COR To:From:Number: 00003
DESCRIPTION OF PROPOSAL
Title : Design/Build Services ROW Infrastructure Improvement Program 88 (LNBR) Number : 305-2013TC From : CMB To :
CFER This change is for revising drainage system in accordance with new drainage design criteria adopted by City of Miami Beach
on February 12,2014, and revising Contract scope to remove Resident Project Representative and Public Information Officer
requirements. In addition, contract terms have been revised to allow project to proceed on July 7 ,2014 and phased notices to
proceed for construction will be issued by the City for this project as soon as permits are available. The Ciry will assist with
obtaining all permits to meet overall project schedule. GMP pricing is contingent on single pump station design approach located at
W. 23rd Street and new drainage system being separated from old drainage system that picks up storm water from FDOT righrof-
way for Alton Road. Outfalls and piping to outfalls at N. Michigan Ave, W. 2lst Street, W 29th Street and Alton Road will remain
unchanged except for where existing system has to be separated from new system. 15" storm culvert within project limits will be
upgraded to 18" storm culvert on the existing storm system except for W. 2lst Street pollution control outfall, which runs between
two homes out to the seawall outfall. The updated baseline schedule is based on work hours allowed by Contract. The City is
currently reviewing updated baseline schedule. There is a total of 675 calendar days in this Contract if no major changes are made.
DATE: 0610412014
JOB: C0818
CONTRACT NO: 305-2013TC
Item Description Stock#
00001 Credit for Removal ofPIO
Scope
00002 Credit for removal ofCEI
portion RPR Scope
00003 Design Changes to Drainage
System
00004 Deduct Storm Water Detention
Box
00005 Deduct Duplex Storm Water
Pump Station, 14"
Submersible Pumps
00006 Deduct Stormwater Injection
Wells
00007 Deduct Passive Relief
Manhole
00008 Add Demo Existing Inlets
00009 Add Demo Existing Storm
Manholes
00010 Add Demo Existing Storm
Culvert
0001 1 Deduct Type D Valley Gutter
Inlet 4' Rnd
00012 Add Type D Valley Gutter
Inlet 6'Rnd
00013 Deduct Storm Manhole 4'Rnd
00014 Add Storm Manhole 5'Rrd
00015 Add Storm Manhole 6'Rnd
00016 Add Storm Manhole 8'Rnd
00017 Add Special Manhole with
Wier
00018 Add5 x5 InletilApron
Quantity Units
1.000
1.000
1.000
-2.000 Ea
-2.000 Ea
$71,000.00
s43l,234.00
$59,520.00
$ 15,180.00
$860.00
$860.00
$3 1.00
$3,400.00
$4,876.00
$3,400.00
$4,1 38.00
s4,876.00
$3,8M.00
s7,404.00
s7,200.00
Unit Price Tax Rate
($123,930.00) 0.00%
(s94,389.00) 0.ooo/o
s 125.000.00 0.00%
Tax Amount Net Amount
$0.00 ($123,930.00)
$0.00 ($94,389.00)
$0.00 $12s,000.00
$0.00 ($142,000.00)
so.oo ($862,468.00)
$o.oo ($238,080.00)
$0.00 ($30,360.00)
$0.00 $8,600.00
$0.00 $5,160.00
$0.00 $ 18,7ss.00
s0.00 (s27,200.00)
$0.00 $34,132.00
$0.00 ($34,000.00)
$0.00 $4,138.00
$0.00 $53,636.00
$0.00 s38,040.00
s0.00 $14,808.00
s0.00 $14,400.00
0.00%
0.00%
-4.000 Ea
-2.000 Ea
10.000 Ea
6.000 Ea
605.000 LF
-8.000 Ea
7.000 Ea
-10.000 Ea
1.000 Ea
11.000 Ea
10.000 Ea
2.000 Ea
2.000 Ea
0.00o/o
0.00o/o
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00o/o
0.00o/o
0.00%
0.00%
0.00%
41
Central Florida Equipment Rental
9030 NW 97th Terrace Phone: (305) 888-3344
Medley, FL 33178 Fax: (305) 888-9305
CHANGE ORDER REQUEST
No.00001.0
TITLE: New Drainage Design Criteria
PROJECT: Lower North Bay Road Infrastructure
TO: Attn: Edward Baldie
City of Miami Beach
Office Capital Improvement Projects
777 lTth Street
Miami Beach, FL 33139
Phone: 305-673-7000 Fax: 786-673-7073
RE: COR To:
DATE: 0610412014
JOB: C0818
CONTRACT NO: 305-2013TC
Number: 00003
DESCRTPTION OF PROPOSAL
00019 Add 5 x 5Inletw/Flume
00020 Add 5 x 5 Valley Gutter Inlet
00021 AddJ-5 Inlet
00022 Add P-5 Inlet
00023 Deduct Type E Inlets
00024 Deduct 18" A2000 PVC Pipe
Storm Culvert
00025 Add 24' A2000 PVC Pipe
Storm Culvert
00026 Deduct 30" A2000 PVC Pipe
Storm Culvert
00027 Add 36" A2000 PVC Pipe
Storm Culvert
00028 Add 42" RCP Storm Culvert
Stom Culvert
00029
00030
0003 I
00032
Deduct Outfall Manhole il
TideFlex Check Valve
Add Vortex Manhole
Add Trash Rack and Stnrcture
Add Duplex Storm Water
Pump Station,20"
Submersible Pumps
00033 Temporary Trench Restoration
00034 Raise Seawall 1.33 Verticle
Feet
00035 Escalation Fill Material
00036 EscalationLimerockMaterial
00037 EscalationConcreteMaterial
00038 Escalation Asphalt Material
00039 Add Asphalt Crew
Mobilizations
00040 Escalation Ductile Iron Pipe
(Water)
00041 Escalation Ductile Iron
Fittings (Water)
00042 Escalation Valves & Fire
Hydrants (Water)
00043 EscalationCIPPSanitary
Sewer
From:
4.000 Ea
3.000 Ea
1.000 Ea
1.000 Ea
-3.000 Ea
-2813.000 LF
1063.000 LF
482.000 LF
2746.000 LF
2155.000 LF
-l.000 Ea
2.000 Ea
1.000 Ea
1.000 Ea
7280.000 sY
170.000 LF
4000.000 cY
8000.000 Tn
1s07.000 cY
2573.000 Tn
4.000 Ea
1.000 Ls
1.000 LS
1.000 LS
1535.000 LF
$6,800.00 0.000/o
$6,500.00 0.00%
$6,400.00 0.00%
$5,500.00 0.00%
s4,635.00 0.00%
s56.00 0.00%
$68.00 0.00%
$102.00 0.00%
$126.00 0.00%
$205.00 0.00%
$19,240.00 0.00%
$90,000.00 0.00%
$25,000.00 0.00%
$950,000.00 0.00%
$4s.00 0.00%
$240.00 0.000/o
s0.s0 0.00%
$0.75 0.00o/o
s10.00 0.00%
$10.00 0.00%
$3,500.00 0.00%
$37,800.00 0.00%
$4,73s.00 0.00%
$7,635.00 0.00%
s6.80 0.000%
$0.00 s27,200.00
$0.00 sr9,500.00
$0.00 $6,400.00
$0.00 ss,500.00
$o.oo ($13,905.00)
$0.00 (s157,s28.00)
$0.00 $72,284.00
s0.00 ($49,164.00)
$0.00 $345,996.00
$0.00 $441,775.00
$0.00 ($19,240.00)
s0.00 $180,000.00
$0.00 $25,000.00
$0.00 $950,000.00
$0.00 $327,600.00
$0.00 $40,800.00
$0.00 s2,000.00
s0.00 $6,000.00
$0.00 $15,070.00
$0.00 $2s,730.00
$0.00 $14,000.00
s0.00 $37,800.00
$0.00 $4,735.00
$0.00 $7,635.00
$0.00 $10,438.00
$1,089,868.00
$0.00
Unit Cost:
Unit Tax:
42
Central Florida Equipment Rental CHANGE oRDER REQUEST
No.00001.0
9030 NW 97th Terrace Phone: (305) 888-3344
Medley, FL 33178 Fax: (305) 888-9305
TITLE: New Drainage Design Criterra DATE: 0610412014
PROJECT: Lower North Bay Road Infrastructure JOB: C0818
TO: Attn: Edward Baldie CONTRACT NO: 305-2013TC
City of Miami Beach
Office Capital Improvement Projects
777 lTth Street
Miami Beach, FL 33139
Phone: 305-673-7000 Fax: 786-673-7073
RE: COR To: From: Number: 00003
DESCRIPTION OF PROPOSAL
Total: $1,089,868.00
APPROVAL:
By:
George Brewster
Date: 0610412014
By:
Date:
Primavera e
Edward Baldie
Page 3 of3
43
R9 - New Business and Commission Requests
Discussion Regarding CIBO Restaurant
(Requested by Mayor Philip Levine & Commissioner Michael Grieco)
(Correction)
Agenda ltem
Date45
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46
g MIAAAIBIACH
City ol Miomi Beqch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
SSION MEMORANDUM
FROM:
DATE:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 11,2014
SUBJECT: DISCUSSION REGARDING THE CITY'S EFFORTS TO OPTIMIZE THE TIMING OF
TRAFFIC SIGNALS IN MIAMI BEACH TO MINIMIZE TRAFFIC CONGESTION.
BAGKGROUND AND ANALYSIS
The City of Miami Beach is one of the main centers of attraction for events in Florida due to its
weather, restaurants, nightlife, beaches, and people. Most major events are heavily attended and
therefore increase traffic volumes on the roadway network. The increase in traffic volumes severely
burdens traffic signals, thus negatively impacting level of service and driver experience. The adverse
traffic conditions are further exacerbated by roadway closures as a result of construction projects.
Given the geometric characteristics of the City, the limited capacity of the street grid, and existing
right-of-way constraints, there are not many opportunities to widen roadways or add lanes, thus the
importance of efficient and optimized traffic signals to maximize through-put.
Failing corridors and intersections also affect other aspects of daily life in the City. Federal Highway
Administration (FHWA) case studies have proven that traffic congestion adversely affects the local
economy and air quality. ln addition, traffic congestion also adversely affects driver behavior and the
safety of pedestrians and drivers. lmproved traffic conditions results in fewer number of stops,
shorter queues and decreased delays. According to FHWA national and international publications on
Active Traffic Management, these aspects have a direct correlation to safety. The increased
congestion also has a direct effect on law enforcement. The City endures a cost for every police
traffic detail deployed during major impact periods and special events. Research has also shown
that as congestion continues to increase, more valuable hours are being spent driving and more
dollars are being spent on fuel consumption; money that could be spent on activities to improve our
quality-of-life.
ln Miami-Dade County, all traffic control devices, including traffic signals, are under the jurisdiction of
the Miami-Dade County Public Works and Waste Management Department's Traffic Signals and
Signs Division (County) even within incorporated municipalities. Over the years, the County has
implemented an Advanced Traffic Management System (ATMS) with the intent of reducing
congestion caused by inefficient traffic signals. The ATMS project focused on creating internal
communication between all the signals to improve progression along corridors, particularly arterials.
The project also implemented a Traffic Control Center for County engineers to remotely
communicate with signals and conduct timing modifications as needed. Although this system is an
improvement from previous County traffic signal operation methods, it is not able to respond on a
real-time basis to high levels of traffic demand that may be caused by peak hour traffic, special
events, special conditions (closures, accidents, etc.), or severe insufficiency in roadway capacity due
to the inability of the existing software and hardware to detect and respond to real-time traffic
demand.
On October 2013, the Florida Department of Transportation (FDOT) acquired the services of a traffic
engineering consultant particularly for the purposes of providing real-time traffic monitoring and
Asenda nem R10
Date 6-ll-tV
TO:
47
Commission Memorandum - June 11, 2014
Discussion Regarding the City's Efforts to Optimize The Timing of Traffic Signa/s in Miami Beach to Minimize
Traffic Congestion
Page 2 of 3
traffic data collection within active work zones, including the Alton Road reconstruction project from
sth Street to Michigan Avenue. The City followed FDOT s effort by approving a pilot projecf with the
same traffic consultant for implementation of smart technologies, innovative systems, signal timing
support, and other advanced traffic management practices to improve traffic flow during Art Basel
2013. The consultant's services were found to be effective in monitoring and managing traffic during
this major special event. The consultant monitored travel times through the use of BluetoothMi-Fi
technology and adjusted traffic signal timings along event routes as needed to increase vehicular
through-put and reduce congestion. As part of this pilot project, the consultant provided real-time
traffic information and parking availability updates using a Smart Variable Message Board on Alton
Road and constantly updated traffic and parking messages on social media networks. During Art
Basel 2013, the consultant also worked with the City of Miami Beach Police Department to identify
when police assistance was needed at an intersection, thus allowing Police to efficiently and
effectively allocate its resources.
As a result of the reduced congestion observed during Art Basel 2013, the City retained the services
of the same consultant via a Commission approved bid waiver contract to perform the same tasks
for five (5) special events (Miami lnternational Boat Show, Winter Party Week, Winter Music
Conference, Ultra Music Festival, and Memorial Weekend). The consultant and the City worked
together to identify six (6) principal ingress and egress corridors along which traffic monitoring and
management devices were installed. Signals within these routes were also adjusted according to the
anticipated "special event" volumes. lf additional signal timing modifications were needed during the
event, the consultant's engineers would drive to the site, access the signal control box, and manually
override the signal. As a result of the traffic monitoring and management services deployed during
the five (5) special events, travel times along the six (6) routes were reduced between 7o/o and
230%. Moreover, average speed along the routes increased between 8% and 58%.
CURRENT INITIATIVES
Currently, staff is working on a Request for Proposal (RFP) for Traffic Monitoring and Management
Services. The intent of the RFP is to obtain services similar or superior to the aforementioned event
traffic monitoring and management project. The City is seeking to implement the services for seven
(7) of the most intense events in the City's High lmpact Period Calendar. The Administration
anticipates that the RFP will be brought to City Commission for issuance approval in July 2014.
ln addition to the Traffic Monitoring and Management effort, the City submitted an application for the
USDOT TIGER Grant in April 2014. The TIGER Grant program is intended to provide funding for
capital projects that would directly and indirectly benefit local or regional economies. The City
applied to obtain funding for Phase I of the installation of Adaptive Traffic Control Devices (ATCD),
lntelligent Transportation System (lTS) Devices, and Parking Management System (PMS) Devices.
The implementation of these technologies would allow the Ci$ to create an intelligent network
capable of adapting to real-time traffic demand and adjusting corridor progression accordingly. ln
addition, it would provide City staff with the necessary tools to monitor travel times and have a real-
time visual feed of critical intersections and corridors and to communicate this information to the
public on a real-time basis through the use of smart variable message signs. Phase I will provide ITS
and PMS technologies for the area south of 41"1 Street.
Another significant contributing factor to traffic congestion is parking availability and wayfinding.
Many drivers accessing the City are not clear on where parking may be available. Although real time
parking availability for garages is available via the ParkMe-Miami Beach mobile application, drivers
who do not have a smart phone or are not aware of the application may benefit from alternative
methods of communication. The TIGER Grant application includes the installation of Smart Variable
Message Systems at the causeways, arterials, parking garages, and surface parking lots to
communicate real-time parking availability. This implementation would direct residents and visitors to
We ore comnitfed lo prcviding excellent public sertice ond sofef,r to oil who live. ttork., ond ploy in our vibronf, lropicol, hisloric communily.
48
Commission Memorandum - June 11, 2014
Discussion Regarding the City's Efforts to Optimize The Timing of Traffic Srgnals in Miami Beach to Minimize
Traffic Congestion
Page 3 of 3
parking structures and lots that have parking available, thus reducing the additional congestion
created by drivers searching for parking that may or may not be available. The Smart Variable
Message Signs would also indicate how much parking is available at certain locations. The City
applied for a $14.5 million TIGER Grant project to cover the capital costs of equipment and
installation of the ATCD, lTS, and PMS. The TIGER funding request is $10 million and the City's
match for the project is $4.5 million.
As part of the application, staff conducted an analysis of the quantified benefits of the
implementation of ITS and parking management technologies. ln addition to the direct benefits in
congestion reduction, conidor capacity improvements, and travel time savings, the TIGER Grant
application identified fuel consumption savings, quality-of-life improvements, air quality benefits, and
safety improvements resulting from the implementation of the proposed technologies. The Benefit-
Cost Analysis calculations resulted in a benefit-cost ratio of 2.46 and net benefits over a twenty (20)
year project life of over $90,000,000.
The timeframe for notification of award is September 2014. The agreement is expected in April 2015
and implementation of the TIGER Project from April 2015 to March 2016. The aforementioned RFP
for Traffic Management and Monitoring Services will provide an interim solution until the more
comprehensive TIGER project is implemented.
ln addition to the aforementioned planned technology and operational improvements, the City is
commencing the Transportation Master Plan (TMP) Study in June 2014. The TMP is scheduled to
be completed in a 12-month timeframe. The effort includes public workshops for South, Middle, and
North Beach and an evaluation of Level of Service (LOS) at critical intersections and corridors
throughout the City. The work product will include a project bank of short, mid, and long term
recommended multimodal projects to improve mobility and increase person through-put on our
roadways.
CONCLUSION
The data collected through the special event traffic monitoring and management effort has
demonstrated that the application of advanced technologies will increase vehicle throughput and
reduce vehicle travel times while improving safety and driver awareness. Various case studies
throughout the country have shown that active arterial management has a direct positive effect on
residents' and visitors' quality-of-life. As such, the City will continue to explore and implement
appropriate and feasible congestion management strategies as well as transit improvements to help
reduce vehicular trips and enhance arterial capacity.
Pr#r.,-#;'
nted to c*v commission ror discussion and input'
T:\AGENDA\2014\June\Discussion Regarding the City's Effortrs to Optimize The Timing of Traffic Signals in Miami Beach to Minimize Traffic
Congestion MEMO.docx
We are comnitted to providing excellent public service onci sofetl to oll who live, tvcrk, cnC plcy in our vibronL tropical, histaric communil/
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