20140723 BMMIAMIBEACH
City Gommission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
July 23,2014
Mayor Philip Levine
Vice-Mayor Michael Grieco
Commissioner Joy Malakoff
Comm issioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Comm issioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul Aguila
City Clerk Rafael E. Granado
Vlsrt 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 Clerk's Office. Questions regarding the provisions of the Ordinance should be directed to
the Office of the Gity Attorney.
Special note: ln order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to the alternate meeting date, which will only be held if needed. ln
addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without
reaching all agenda items.
Call to Order - 8:30 a.m.
lnspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 12:00 p.m.
Presentations and Awards Reoular Aoenda
PA Presentations and Awards R2 Competitive Bid ReportsR5 Ordinances
Consent Aqenda R7 Resolutions
C2 Competitive Bid Reports Rg New Business & Commission Requests
C4 Commission Committee Assignments R10 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and lnformational ltems
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
1
Commission Agenda, July 23,2014
Presentations and Awards
Presentations and Awards will take place at the July 30,2014 Commission Meeting.
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Gompetitive Bid Reports
C2A Request For Approval To Authorize The lssuance Of A Request For Qualifications (RFQ) No.
2014-237-JR For Plans Review, lnspections And Permit Clerk Services.
(Building/Procurement)
C2B Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) For
Auditing Services To Examine The City's Basic Financial Statements lncluded ln The City's
Comprehensive Annual Financial Report (CAFR), Federal Grant Programs And State Projects
(OMB A-133 Single Audit), And The Financial Statements Of The Miami Beach Redevelopment
Agency (RDA), The Parking Systems Fund (PSF), The Miami Beach Visitor And Convention
Authority (VCA), The Miami Beach Convention Center, The Jackie Gleason Theater Of The
Performing Arts, The Building Better Communities Bond Program (BBC), The Children Trust
Grant Program (CT), And The Safe Neighborhood Parks And Bond Program (SNP).
( Fi nance/Procurement)
C2C Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) No. 2014-
01s-LR For Psychological Services For Employees.
( Fire/H uman Resources/Police/Procurement)
C2D Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) For Claims
Administration Services By A Third Party Administrator For Workers' Compensation And General
Liability.
(Human Resources/Procurement)
C2E Request For Approval To Reject All Bids Received Pursuant To lnvitation To Bid (lTB) No. 2013-
069 For The Citywide Maintenance Of Elevators (Revised Recommendation).
( Publ ic Works/Procu rement)
C2F Request For Approval To lssue Request For Proposals (RFP) No. 2014-290-YG For The Design,
Manufacturing And lnstallation Of A Removable/Retractable Canopy At The North Beach Band
Shell.
(Tourism, Culture & Economic DevelopmenVProcurement)
2
Commission Agenda, July 23,2014
C4 - Commission Committee Assiqnments
C4A Referral To The Planning Board - Proposed Amendment To The Land Development Regulations
To Establish Demolition Procedures For All Properties ln The City.
(Sponsored by Land Use & Development Committee)
(Legislative Tracking : Planning)
C4B Referral To The Planning Board - Proposed Amendment To The Land Development Regulations
To Modify The Requirements For Short Term Rentals ln The RM-1 Areas Of The Collins
Waterfront H istoric District.
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning)
C4C Referral To The Planning Board - Proposed Amendment To The Land Development Regulations
To Modify The Conditional Use Approval Requirements For Certain Uses ln RM-1 Areas Of The
Collins Waterfront Historic District.
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning)
C4D Referral To The Planning Board - Proposed Amendment To The Land Development Regulations
To Clarify An lnconsistency Regarding Lot Aggregation Requirements And Building Heights ln
The RPS Districts.
(Sponsored by the City Manager)
(Legislative Tracking: Planning)
C4E ReferralTo Finance And Citywide Projects Committee - Discussion On lndexing The Living Wage
Rate For Fiscal Year 2014-20'15 ln Accordance With The Options Pursuant To Ordinance2010-
3682.
(Procurement)
C4F Referral To The Neighborhood/Community Affairs Committee - Discussion And Select Of One Of
Two Options For The Replacement Of The Existing, lnoperable Water Feature At The
Washington Avenue Entry Of South Pointe Park.
(Capital lmprovement Projects Office)
C4G Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Removing
r h e "Art h u r G o d rre v -iilXr::-J#;rtS:
* [[[X"J r J o y M a r a korr)
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Commission Agenda, July 23,2014
C4 - Gommission Committee Assignments (Continued)
C4H Referral To The Planning Board And The Land Use And Development Committee - Consider The
Following Amendments To The Recently Adopted Single Family Home Ordinance: 1. The
Clarification Of The Definitions Of "lnterior Side Yard Open Space" And "lnternal Courtyards," For
Lot Coverage Purposes; 2. Modify The 70% Second Floor Rule As lt Pertains To lnterior Height
Volume; 3. Add A Requirement For DRB Review Of New Homes On All Lots Created By A Lot
Split. 4. Amend The Regulations Regarding Roof Decks To Only Allow On Homes With Direct
Access To The Open Bay And On Single Story Homes. 5. Extend The Year Of Required DRB
Review For The Demolition Of Architecturally Significant Homes From 1942To 1966.
(Requested by Commissioner Joy Malakoff)
C4l Referral To Finance And Citywide Projects Committee - Parking Demand Analysis/Walker
Parking Consultants.
(Parking)
C4J Referral To The Neighborhood/Community Affairs Committee - Discuss Artist And Non-Profit
Vendor Ordinances.
(Planning)
C4K ReferralTo The Land Use And Development Committee - Discussion On Proposed Amendments
To The City Code Pertaining To Alcoholic Beverage Establishments (Chapter 6); Requirements
For Determining The Size And Square Footage Of "Accessory Uses" ln Relation To The Main
Permitted Use; And The Clarification Of Threshold Standards For Neighborhood lmpact
Establishments.
(Sponsored By Land Use & Development Committee)
(Legislative Tracking: Planning)
C4L Referral To The Planning Board - Proposed Amendment To The Land Development Regulations
To Remove The Existing "Sunset" Provision For Parking District No. 5 (Sunset Harbor) And To
Clarify The Conditional Use Requirements ln The CD-2 District.
(Sponsored By Land Use & Development Committee)
(Legislative Tracking: Planning)
C4M Referral To Neighborhood/Community Affairs Committee - Regarding The Creation Of An
Ordinance Requiring Automated External Defibrillators (AED) ln Public Places.
(Requested by Commissioner Deede Weithorn)
C4N Referral To The Land Use And Development Committee And The Planning Board - Amendment
To The Development Regulations ln The MXE Zoning District As They Apply To Non-Hotel Uses.
(Requested by Vice-Mayor Michael Grieco)
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c40
c4P
Commission Agenda, July 23,2014
C4 - Gommission Committee Assiqnments (Continued)
Referral To The Finance And Citywide Projects Committee - Discussion Regarding Exploring
lssues Brought Up ln An lnternal Audit Of The Miami Beach Police Athletic League (PAL),
Specifically Regarding Utility Fees That Are Past Due.
(Requested by Vice-Mayor Michael Grieco)
Referral To The Neighborhood/Community Affairs Committee - Adding Pride/Rainbow Colors To
The Street Signs From 10th-12th Streets On Washington/Collins/Ocean, As Per The
Recommendation Of The LGBT Business Enhancement Committee.
(Requested by Commissioner Micky Steinberg)
C6A
CG - Commission Committee Reports
Report Of The Land Use And Development Committee Meeting On June 12, 2014: 1) St.
Patrick's School ROW Parking And Traffic Analysis. 2) Discussion For Consideration Of
Establishing Acceptable Accessory Uses Permitting Restaurants ln Contributing Historic
Structures Within The RM-2 Cultural Arts Neighborhood Overlay District. 3) Discussion On
Telecommunications Ordinance. 4) HPB's Recommendation To Establish Formal Demolition
Procedures Within The LDR's. 5) Discussion On Two Proposed Code Amendments Dealing With
Uses ln The RM-1 District: a. Proposed Modification To Conditional Use Requirements; And b.
Proposed Modification To Requirements And Regulations Governing Short Term Rentals. 6)
Discussion On An Overlay District For Washington Avenue And North Beach. 7) Sea Level Rise
And Building Heights.
Report Of The Land Use And Development Meeting On July 9,2014: 1) Parking District No. 5 -
Sunset Harbour. 2) St. Patrick's School ROW Parking And Traffic Analysis. 3) Discussion On The
Proposed Terminal lsland Residential Project. 4) Discussion On Telecommunications Ordinance.
5) Discussion On An Overlay District For Washington Avenue And North Beach. 6) Discussion
Regarding Creation Of The Faena Overlay District. 7) Rezoning Of The City-Owned Land At 226
87th Terrace From GU To RM-2. 8) An Ordinance Related To Changes To Setbacks For lnternal
Driveways, Use Standards For Certain Hotels ln The MR-2 Zone, Setbacks For Certain Buildings
Within 250 Feet Of North Shore Open Space Park, The Standards For Garages Providing Public
Parking Within 250 Feet Of North Shore Open Space Park. 9) Discussion Regarding The
Proposal For The Partial Traffic Closure And Master Planning Of Ocean Drive. 10) Discussion:
Recommendation For A Referral To A Future Land Use And Development Committee Meeting.
C6B
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Commission Agenda, July 23,2014
C6C
G6 - Gommission Committee Reports (Continued)
Report Of The Neighborhood/Community Affair Committee Meeting On May 30, 2014: 1)
Discussion Regarding The Renaming Of The Scott Rakow Youth Center lce Skating Rink ln
Memory Of Barbara Medina. 2) Discussion Regarding A Maintenance Plan Along The 41st Street
Business Corridor And Possibly Appointing A Dedicated Liaison To The Corridor (Like Lincoln
Road). 3) Discussion Regarding The Commercial Use Of Residential Properties. 4) Discussion
Regarding The lmplementation Of A Memorial Plaque Program). 5) Discussion Regarding
Residential Parking Zone 12 Waverly And Grand Flamingo Pilot Program. 6) Discussion
Regarding Policies For Use Of Beachfront Parking Lots. 7) Presentation Regarding Workforce
Housing By The Pinnacle Group. 8) An Evaluation Of The Calendar Of Events Of The City And
The lmpact On Quality Of Life. 9) Discussion Regarding The Herlz 2417 Car Sharing Agreement.
10) Discussion Regarding Special Events Programming At The North Beach Bandhsell As It
Relates To Noise. 11) Discussion Regarding Bicyclist Safety Campaign With The Miami Beach
Police Department, Deco Bikes And Local Bicycle Rental Companies. 12) Discussion Regarding
Water Taxis Proposal. 13) Discussion Regarding Bicycle Parking Locations And Adding Attractive
Bike Racks Throughout The City. 14) Discussion Regarding Adaptive And lnclusive Playground
On Miami Beach. 15) Discussion Regarding The Continuation Of The Adopt-A-Beach Pilot
Program And Allocations Of $25,000 From 2013 Waste Hauler's Franchise Agreement.
Report Of The Neighborhood/Community Affair Committee Meeting On June 27 2014: 1)
Discussion Regarding Bicycle Parking Locations And Adding Attractive Bike Racks Throughout
The City. 2) Discussion Regarding Bicyclist Safety Campaign With The Miami Beach Police
Department, Deco Bikes And Local Bicycle Rental Companies. 3) Discussion Regarding The
Possibility Of The Parks And Recreation Department Partnering With Miami-Dade County
Schools To Operate An After School Program Out Of The City's Local School Sites. 4)
Discussion Regarding Altos Del Mar Master Plan. 5) Discussion Regarding Rebuilding Of The
Sunset 1 And 2 Guard Houses.
Report Of The Special Finance And Citywide Projects Committee Meeting On June 20,2014: 1)
Discussion Regarding Bicycle Safety Campaign With The Miami Beach Police Department, Deco
Bike And Local Bicycle Rental Companies. 2) Discussion Regarding Whether Or Not To Pursue
Food And Beverage Concessions For Soundscape Park, Collins Park, And The Miami Beach
Botanical Garden. 3) Discussion Regarding Parking - Strategic Pricing. 4) Discussion On
Upgrading The City's Enterprise Resource Planning (ERP) System. 5) Discussion On A
Resolution Approving The Purchase Of Flood lnsurance, All-Risk Property lnsurance, lncluding
Windstorm, Boiler & Machinery lnsurance For City Buildings And Contents (lncluding New
Construction); And Fine Arts lnsurance (Bass Museum), As Proposed By Arthur J. Gallagher Risk
Management Services, lnc., The City's Broker Of Record. 6) Discussion On Whether Or Not To
Reconstitute The Nightlife lndustry Taskforce. 7) Discussion On Use Of The Byron Carlyle
Theater.
Report From The Flooding Mitigation Committee Meeting On June 18, 2014: 1) Update From
Mayor's Blue Ribbon Panel On Flooding And Sea Rise. 2) Flood Mitigation Project Status
Update. 3) Sea Wall Designs. 4) Establish Name For $300 Mil. Miami Beach Flood Mitigation
Program For Project Signs.
C6D
C6E
C6F
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Commission Agenda, July 23,2014
G7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The
Following Actions: 1) Submit A Grant Application To Miami-Dade County For FY 2014115 Edward
Byrne Memorial Justice Assistance Grant Program Funds, ln The Approximate Amount Of
$10,000, For The City's Records lmprovement Program; 2) Submit A Grant Application To Florida
Department Of Transportation (FDOT), High Visibility Enforcement For Pedestrian And Bicycle
Safety Grant Program For The City's High Visibility Enforcement Program, ln The Approximate
Amount Of $200,000; 3) Submit A Grant Application To The US Department Of Homeland
Security, Federal Emergency Management Agency For FY 2014 Homeland Security National
Training Program - Continuing Training Grant Program Funding, ln The Approximate Amount Of
$1.3 Million, For A Disaster Preparedness And Community Resilience Training Program; And
Further Approving, Retroactively, The Following: 4) Submittal Of A Grant Application To Lowe's
Keep America Beautiful Community lmprovement Grant Program For Funding For Community
Gardens, ln The Amount Of $20,000; 5) Submittal Of A Grant Application To The US Department
Of Transportation, Public Transit Service Development Program, For FY 2015-2016, ln The
Approximate Amount Of $812,000, For Funding Of The North Beach Trolley Route Project; And
6) Submittal Of A Grant Application By Florida lnternational University (FlU), With The City Of
Miami Beach As Co-Sponsor And Participant, And FIU As Applicant, To The Florida Sea Grant
Advisory Council, Florida Sea Grant College Program, For Funds ln The Approximate Amount Of
$200,000, For The City's Sea Level Rise Awareness Program; Approving And Authorizing The
Appropriation Of The Above Grants And Funding Requests, lncluding Any Requisite Matching
Funds And City Expenses; And Further Authorizing The City Manager Or His Designee To Take
All Necessary Steps And Execute All Necessary Documents ln Connection With The Aforestated
Grants And Funding Requests, lncluding, Without Limitation, Applications, GranUFunding
Agreements And Audits.
(Budget & Performance lmprovement)
C7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 8
To The Professional Services Agreement With Atkins North America, lnc., Dated May 9, 2011,
For Extended Construction Administration And Resident Project Representative Services, For
The South Pointe Park Pier Project, ln The Not To Exceed Amount Of $45,989, With Previously
Appropriated Funding From Fund 388, MDC CDT lnterlocal-CDT/Resort Tax.
(Capital lmprovement Prolects)
C7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Proposals No. 2014-206-SR (The RFP), For
Design/Build Services For The London House Rehabilitation & Restoration Project; Authorizing
The Administration To Enter lnto Negotiations With The Top Ranked Proposer, Team
Contracting, lnc; And Further Authorizing The Mayor And City Clerk To Execute An Agreement
Upon Conclusion Of Successful Negotiations By The Administration.
( Housi ng & Com m unity Services/Capital I m provement Projects/Procurement)
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Commission Agenda, July 23,2014
C7 - Resolutions (Continued)
C7D A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Sole
Proposal Received, Pursuant To Request For Proposals No. 2014-143-LR (The RFP), For A Web
Based Training System; Authorizing The Administration To Enter lnto Negotiations With The Sole
Proposer, Municipal Emergency Services, Inc.; And Further Authorizing The Mayor And City
Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The
Administration.
(Fire/Procurement)
C7E A Resolution Waiving, By 5/7ths Vote, The Formal Competitive Bidding Requirement, Finding
Such Waiver To Be ln The Best lnterest Of The City, And Authorizing The City Manager To
Renew The Maintenance Agreement With Governmentjobs.com, lnc., D/B/A NeoGov, For The
On-Line Services Software, For A Term Of One (1) Year, ln The Amount Of $15,000, For The
First Renewal Year; And Also Authorizing The City Manager To Approve Subsequent One Year
Renewals, As He Determines Necessary And ln The Best lnterest Of The City.
(Human Resources)
C7F A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
For The City Administration To Research Technological Enhancements Regarding Towing
Software And ln-Vehicle Cameras And To Provide An Update At The September 2014 Finance
And Citywide Projects Committee Meeting.
(Parking)
C7G A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee (NCAC) And Authorizing The City Administration To lmmediately Discontinue The
Waverly And Grand Flamingo Residents' Participation ln The Residential Parking Zone l2lUpper
West Avenue Pilot Program ("Zone 12 Pilot Program") Through Attrition And To Discontinue The
Related Waiting List.
(Parking)
C7H A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee (NCAC) At lts May 30, 2014 Meeting And Authorizing The City Administration To
lncrease Parking Availability At Municipal Parking Lot No. P71 By Discontinuing Monthly Parking
Permits Sales; Transition Existing Permit Holders To Alternate Municipal Parking Facilities, ln A
Phased Approach; And, lf Necessary To Reduce Demand After A Six Month Period, To lncrease
Parking Fees.
(Parking)
c7t A Resolution Approving And Accepting The Recommendation Of The Neighborhood/Community
Affairs Committee At lts March 28,2014 Meeting To Establish A Beach With Accessible Elements
At The Beach Adjacent To Allison Park And Further Approving And Accepting The
Recommendation Of The Neighborhood/Community Affairs Committee At lts May 30, 2014
Meeting To lnclude An Adaptive And lnclusive Playground At Allison Park Located At 6500
Collins Avenue.
(Parks & Recreation)
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Commission Agenda, July 23,2014
C7 - Resolutions (Continued)
C7J A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts June 27,2014 Meeting And Authorizing The Administration To Operate An On-
Site After School Teen Program At Nautilus Middle School During The 201412015 School Year.
(Parks & Recreation)
C7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An lnterlocal
Contract Between Miami-Dade County And The City, For A Term Of Twenty Years, Providing For
The City's Sewage Treatment And Disposal Services By Miami-Dade County.
(Public Works)
C7L A Resolution Authorizing The Manager To Approve The Phase lll Work Order, ln The Not To
Exceed Amount Of $50,000, For The Normandy Shores Fountain Project Utilizing The
Competitively Bid National Joint Powers Alliance (NJPA) Cooperative Contract For Construction
Services With The Gordian Group.
( Pu blic Works/Procurement)
C7M A Resolution Waiving, By 5/7th Vote, The Formal Competitive Bidding Requirement, Finding
Such Waiver To Be ln The Best lnterest Of The City, And Approving And Authorizing The City
Manager To Execute A Maintenance Service Agreement With Pro Sound & Video, For A Three
(3) Year Term, ln An Amount Not To Exceed $134,450, To Maintain The Sound System At
Soundscape Park.
(Public Works)
C7N A Resolution Approving And Authorizing An Additional lncrease ln The Escrow Account, ln The
Amount Of $500,000, Established Pursuant To The Joint Participation Agreement Between The
City And The Florida Department Of Transportation (FDOT), Dated October 2,2012, For Utility
Work By The FDOT Highway Contractor, For The Construction Of Water, Sewer And Stormwater
Drainage lmprovements Within The Project Area, As Part Of The State Road 907/Alton Road
Project, From Sth Street To Michigan Avenue.
(Public Works)
C7O A Resolution Accepting The Recommendation Of The City Manager To Reject All Bids Received,
Pursuant To lnvitation To Bid (lTB) No. 2014-171-SR, For The Normandy Shores North Gate
Replacement Project.
(Public Works/Procurement)
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Commission Agenda, July 23,2014
C7 - Resolutions (Continued)
C7P A Resolution Approving And Authorizing The City Manager To Execute Amendment No. 1 To The
Agreement Between The City And Nova Engineering And Environmental, LLC (Nova), Dated
April 14,2014 (Nova Amendment), And Amendment No. 1 To The Agreement Between The City
And VFA, lnc. (VFA), Dated April 18, 2014 (VFA Amendment), For The Purpose Of Conducting
And Documenting A Detailed Facilities Condition Assessment Of Various Buildings/Assets
Owned By The City, And Developing A Schedule For Assets And Equipment Replacement
Within The Building/Assets, lncluding Current And Projected Future Replacement Costs; With
The Nova Amendment Adding The Following Locations: Pennsylvania Parking Garage And
Jackie Gleason Theatre Of Performing Arts, And Deleting The Lifeguard Stands; And The VFA
Amendment Adding The Following Locations: 1755 Building, City Hall Parking Garage, Flamingo
Pool Facility Building, Flamingo Park Field House, And Flamingo Park Baseball Stadium; And
Further Authorizing The City Manager To Execute Any Future Amendments To The Nova And
VFA Agreements.
( Publ ic Works/Procu rement)
C7Q A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Qualifications No. 2014-182-LR, For Event Planning And
Marketing Services For The City's Centennial Celebration; Authorizing The Administration To
Enter lnto Negotiations With The Top Ranked Proposer, Act Productions, lnc.; And Should The
Administration Not Be Successful ln Negotiating An Agreement With The Top-Ranked Proposer,
Authorizing Negotiations With The Second-Ranked Proposer, Logistic Management Group; And
Should The Administration Not Be Successful ln Negotiating An Agreement With The Second-
Ranked Proposer, Authorizing Negotiations With The Third-Ranked Proposer, Engine Shop LLC;
And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Completion
Of Successful Negotiations By The Administration.
(Tourism, Culture & Economic DevelopmenUProcurement)
C7R A Resolution Retroactively Approving And Authorizing The Acceptance Of An Additional
$5,500.00 ln Sponsorships Made To The City For The City's July 4, 2014 Event, And Further
Authorizing The City Manager, Or His Designee, To Make Any Necessary Reimbursements
And/Or Expenditures From The Aforestated Amount ln Furtherance Of And Consistent With The
City's July 4, 2014 Event.
(Tourism, Culture & Economic Development)
C7S A Resolution Authorizing The Acceptance Of One Hundred And Fifty Thousand Dollars
($150,000) ln Sponsorships From Citibank, N.A. (ClTl) ln Support Of The Soundscape Cinema
Series For Fiscal Year 2014115 Upon Execution Of A Sponsorship Agreement With The City; And
Further Authorizing The City Manager Or His Designee To Make Such Expenditures And/Or
Reimbursements From The Aforestated Sponsorship Amount ln Furtherance Of And Consistent
With The Soundscape Cinema Series For Fiscal Year 201412015.
(Tourism, Culture & Economic Development)
C7T A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals
Received, Pursuant To lnvitation To Negotiate (lTN) No. 2014-130-ME For Online City
Merchandise Store (The ITN).
(Tourism, Culture & Economic Development/Procurement)
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10
Commission Agenda, July 23,2014
G7 - Resolutions (Continued)
C7U A Resolution Approving The Permanent Closure To Vehicular Traffic Of The 400 Block Of
Espafrola Way, Between Washington Avenue And Drexel Avenue.
(Transportation)
C7V A Resolution Accepting The
Committee At lts April 30,2014
Of City Employees Regarding
Purposes.
Recommendation Of The Neighborhood/Community Affairs
Meeting And Directing The Administration To Conduct A Survey
The Potential Use Of Water Taxi Services For Commuting
(Transportation)
C7W A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Qualifications No. 2014-116-SR (The RFQ), For Traffic
Engineering Consulting Services; Authorizing The Administration To Enter lnto Negotiations With
The Top Ranked Proposer, Florida Transportation Engineering, lnc., As The Primary Consultant
And The Second-Highest Ranked Proposer, Atkins North America, lnc., As The Secondary
Consultant; And Further Authorizing The City Manager To Execute An Agreement Upon
Conclusion Of Successful Negotiations By The Administration.
(Transportation/Pla n ning/Procurement)
C7X A Resolution Authorizing The Administration To Negotiate A Contract With Advanced
Transportation Engineering Consultant, lnc., For The Purpose Of lmplementing A Traffic
Monitoring And Management Program, For An Amount Not To Exceed $200,000; And Waiving,
By 5/7th Vote, The City's Formal Competitive Bidding Requirements; Finding Such Waiver To Be
ln The Best Interest Of The City; And Further Authorizing The Mayor And City Clerk To Execute
The Contract Upon Successful Negotiations By The Administration.
(Transportation/Procurement)
C7Y A Resolution Authorizing Payment To Nextel South Corp., For Replacement Equipment, ln The
Amount Of $46,452, Pursuant To The Federal Communications Commission Mandated
Rebanding Project, And As Agreed To ln The Frequency Reconfiguration Agreement Executed
By The City.
( lnformation Technology)
C7Z A Resolution Approving And Authorizing The Administration To Negotiate An Agreement,
Providing For The City's Participation ln The Rails-To-Trails Conservancy's Trail Modeling And
Assessment Platform Study, Said Agreement Being Subject To Approval By The City Attorney;
And Further Authorizing The City Manager To Execute The Agreement Upon Successful
Negotiations By The Administration.
(Transportation)
End of Consent Aqenda
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11
Commission Agenda, July 23,2014
REGULAR AGENDA
R5A
R5 - Ordinances
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 70-67, Entitled "Prohibited Activities" To Prohibit Motorized
Devices Defined As A Vehicle ln Section 316.003, Fla. Stat., And Motorized Means Of
Transportation On Any Street Or Road Closed To Motor Vehicles By The Police Department For
Events During High lmpact Periods; 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, And Amending The Time
To Appeal Violations; Providing For Repealer, Severability, Codification, And An Effective Date.
10:05 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney's Officeffransportation)
(First Reading on June 1 1, 2014 - RsN)
An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Entitled
"Environment," By Amending Article lll, Entitled "Litter," By Amending Division 1, Entitled
"Generally," By Amending Section 46-92 Thereof, Entitled "Litter; Definitions; Prohibitions On
Litter; Penalties For Litter And Commercial Handbill Violations; Commercial Handbill Regulations,
Fines, And Rebuttable Presumptions; Seizure And Removal Of Litter By The City; Enforcement;
Appeals; Liens" To Amend The Definition Of Litter ln Subsection (a) By Substituting The Word
"Polystyrene" For The Word "Styrofoam" And To Amend Subsection (c) To Prohibit Any Person
From Carrying Any Expanded Polystyrene Product lnto Any Park Within The City; Amending
Chapter 82 O'lThe Code Of The City Of Miami Beach, Entitled "Public Property," By Amending
Article l, Entitled "ln General," By Creating Section 82-7 Thereof, Entitled "Prohibitions Regarding
Sale Or Use Of Expanded Polystyrene Food Service Articles By City Contractors And Special
Event Permittees," To Prohibit The Sale, Use, And Offering Of Expanded Polystyrene Food
Service Articles By City Contractors And Special Event Permittees ln City Facilities And On City
Property; Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled "Public
Property," By Amending Article lV, Entitled "Uses ln Public Rights-Of-Way," By Amending
Division 5, Entitled "Sidewalk Cafes," By Amending Subdivision ll, Entitled "Permit," By Amending
Section 82-385 Thereof, Entitled "Minimum Standards, Criteria, And Conditions For Operation Of
Sidewalk Cafes," To Provide Prohibitions Regarding Expanded Polystyrene Food Service Articles
On The Right-Of-Way; And Providing For Repealer, Severability, Codification, And An Effective
Date. 10:10 a.m. Second Readinq Public Hearinq
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: City Attorney's Office)
(First Reading on June 1 1,2014 - RsO)
R5B
12
12
Commission Agenda, July 23,2014
R5C
R5 - Ordinances (Continued)
An Ordinance Amending Chapter 82 Of The City Code, Entitled "Public Property," By Amending
Article l, Entitled "ln General," By Repealing Section 82-5, Entitled "City Signs To Be Obeyed";
Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second
Readinq Public Hearinq
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney's Office)
(First Reading on June 1 1, 2014 - RsR)
An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By
Amending Article V, Entitled "Citywide Recycling Program For Multifamily Residences And
Commercial Establishments," By Amending Section 90-340, Entitled "Recycling Program And
Separation Of Recyclable Materials From Solid Waste Stream Required For Multifamily
Residences Of Nine (9) Dwelling Units Or More; Owner/Association Liability; Recycling
Contractors' Assistance," To Apply Recycling Requirements To Multifamily Residences Of Two
(2) To Eight (8) Dwelling Units As Of November 1,2014; Providing For Repealer, Severability,
Codification, And An Effective Date. 10:20 a.m. Second Readinq Public Hearinq
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Environmental)
(First Reading on June 1 1,2014 - RsP)
R5D
R5E ConcurrencyExemptions
An Ordinance Amending The City Code, By Amending Chapter 122,"Concurrency Management,"
By Amending Section 122-S, "Exemptions From Concurrency," To Add Temporary Uses ln The
Public Rights Of Way As An Additional Exemption From Concurrency Requirements, Providing A
Procedure To Determine Eligibility For Such Exemption; Providing For Repealer; Codification;
Severability And An Effective Date. 10:25 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning)
(First Reading on June 1 1,2014 - RsJ)
RsF Board Member Removal Criteria
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter llS, "Administrative And Review Procedures," Article ll, "Boards," Division 2, "Planning
Board," Section 118-52, "Meetings And Procedures;" Division 3, "Design Review Board," Section
118-74, "Removal;" Division 4, "Historic Preservation Board," Section 118-105, "Removal;"
Division 5, "Board Of Adjustment," Section 1 18-133, "Removal," By Modifying And Expanding The
Removal Criteria Of The Planning Board, Design Review Board, Historic Preservation Board, And
Board Of Adjustment, Providing For Repealer; Codification; Severability And An Effective Date.
10:30 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on June 11,2014 - RsK)
13
13
Commission Agenda, July 23,2014
R5 - Ordinances (Continued)
RsG Time Frame Limitations For Deferrals, Continuances, And Withdrawals
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, "Administrative And Review Procedures," Article Vlll, "Procedure For Variances And
Administrative Appeals," Section 118-352, "Procedure;" Article lV, "Conditional Use Procedure,"
Section 118-193, "Applications For Conditional Uses;" Amending The Procedures For The Board
Of Adjustment And For The Planning Board By Placing Timeframe Limitations On Applications
For Purposes Of Deferrals, Continuances, Withdrawals And Submittal Of Applications And
Exhibits; Providing For Repealer; Codification; Severability And An Effective Date. 10:35 a.m.
Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on June 1 1,2014 - RsL)
R5H RM-3 Accessory Uses
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 142, "Zoning Districts And Regulations," Article lV "Supplementary District Regulations,"
Division 2, "Accessory Uses," Section 142-902, "Permitted Accessory Uses," Amending Criteria
For Accessory Uses ln Apartment Buildings; Providing For Repealer; Codification; Severability
And An Effective Date. 5:01 p.m. First Readinq Public Hearins
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
Building Heights
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
114, "General Provisions," Section 114-l, "Definitions," By Including Definitions For Minimum
Finished Floor And City Of Miami Beach Freeboard, And By Amending The Definition Of Height
Of Building; Providing For Repealer; Severability; Codification; And An Effective Date. First
Readinq
(Sponsored By Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
Applicability Clause To Ordinance 2014-3835 Single Family Development Regulations
An Ordinance Amending The Land Development Regulations Of The City Code, Florida, By
Amending Ordinance 2014-3835, Which Revised The Development Regulations For Single
Family Homes ln The RS-1, RS-2, RS-3 And RS-4 Zoning Districts, Which Amended Sections
142-105 And 142-106 Of The City Code, By Amending The Ordinance's Applicability Section 3,
"Exceptions," To Provide For Additional Exceptions For Persons Who Had Applied For Land Use
Board Approval Or Permits Prior To Adoption Of The Ordinance, Providing For Repealer;
Severability; And An Effective Date. First Readinq
(Sponsored by City Commission)
(Legislative Tracking : Planning)
R5t
R5J
14
14
Commission Agenda, July 23,2014
R5 - Ordinances (Continued)
RsK Tree Preservation And Protection Ordinance
An Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled "Environment," By
Amending Article ll, "Care And Maintenance Of Trees And Plants," By Amending Division 2,
"Trees"; To Amend The Definitions, Purpose And lntent; Scope, Applicability And Exemptions;
Permitting Application Requirements, Notice And Procedures For Obtaining Permits; lmposing
Criteria And Conditions For Tree Removal And Relocation; Tree Replacement; Tree Preservation
And Protection Requirements; Defining And Protecting Heritage And Specimen Trees;
Establishing A Miami Beach Tree Preservation Trust Fund; Regulating Tree Services And
Arborists; Defining Trees Constituting A Public Nuisance; Providing For Appeals; Enforcement
And Civil Remedies; Prohibited Species; Duties And Authority Of The Urban Forester; And
Providing For Repealer; Codification; Severability; And An Effective Date. First Readinq
(Sponsored by the Neig hborhood/Com mu nity Affairs Comm ittee)
(Legislative Tracking: Public Works)
(Deferred from June 11,2014 - RsO)
R5L An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration," By
Amending Article lV Entitled "Officers And Employees," By Amending Section 2-191 Entitled
"Enumeration Of Organizational Units," By Creating The Department Of Emergency
Management; And Providing For Repealer Severability; Codification And An Effective Date. First
Readinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Human Resources)
RsM An Ordinance Amending Chapter 110 Of The Miami Beach City Code, Entitled "Utilities;"
Amending Article lll Thereof, Entitled "Stormwater Utility;" Amending Section 110-109 Thereof
Entitled "Stormwater Utility Fees," By Amending Appendix A Thereto Entitled "Fee Schedule," To
lncrease The Stormwater Utility Service Charge lmposed By The City As Of October 1,2014;
Providing For Codification, Repealer, Severability, And An Effective Date.E!_Eeedjlg
(Sponsored by the Finance & Citywide Projects Committee)
(Legislative Tracking: Finance)
RsN An Ordinance Amending Chapter 2 Of The City Code, Entitled "Administration," By Amending
Article Vl, Entitled "Procurement," By Amending Division 3, Entitled "Contract Procedures," By
Repealing Section 2-372, Entitled "Procedure To Provide Preference To Miami Beach-Based
Vendors ln Contracts For Goods And Contractual Services"; Providing For Repealer, Severability,
Codification, And An Effective Date. First Readinq
(Sponsored by the Finance & Citywide Projects Committee)
(Legislative Tracking : Procurement)
15
15
Commission Agenda, July 23,2014
R7 - Resolutions
R7A A Resolution Amending Resolution No. 2013-28120 Granting A Waiver Of Certain Development
Regulations Regarding The Maximum Building Height Pursuant To Section 142-425(d) Of The
City's Zoning Ordinance, For The Collins Park Place Project, Located Within The Museum
Historic District And Collins Park Neighborhood, To Allow An Additional Fourteen (1a) Feet ln
Building Height. 10:45 a.m. Public Hearins
(Capital lmprovement Projects)
R7B A Resolution Approving By 5/7th Vote, Following A Duly Noticed Public Hearing, The Renaming
Of The lce Skating Rink ln The lnterior Of The Scott Rakow Youth Center ln Memory Of Barbara
Medina. 10:55 a.m. Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Parks & Recreation)
R7C A Resolution Adopting The Fourth Amendment To The General Fund, Enterprise Fund, lnternal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2013114. 11:00 a.m.
Public Hearinq
(Budget & Performance lmprovement)
(Memorandum & Resolution to be Submifted in Supplemental)
R7D Euclid Right Of Way Project
A Resolution Following Second And Final Reading, And After A Duly Noticed Public Hearing,
Approving And Authorizing The Mayor And City Clerk To Execute A Development Agreement
Between The City And Jameck Development, lnc. (Jameck Or Developer) For The Design,
Development, And Construction Of Certain Streetscape lmprovement ln The City's Right Of Way,
At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (Euclid Right Of
Way Project Or The Project) lncluding, Without Limitation, Removal Of The Disconnect Vault And
Landscape, lnstallation Of New Hardscape, Landscape, Street Lighting, And Closure Of A Portion
Of Euclid Avenue To Vehicular Traffic As Part Of An Extension Of The Lincoln Road Pedestrian
Mall; Said Project Having A Total Budgeted Cost To The City, ln The Total Sum Of $485,821,
With Any Additional Funds For The Project To Be Covered By The Developer; With Such City
Funds To Be Appropriated From Miami Beach Redevelopment Agency (Historic Convention
Village/City Center RDA) Funds. 11:05 a.m. Second Readinq Public Hearinq
(Tourism, Culture & Economic Development)
(First Reading Public Hearing on June 11,2014 - R7D)
16
16
Commission Agenda, July 23,2014
R7 - Resolutions (Continued)
R7E A Resolution Approving Following A Duly Notice Public Hearing At Second Reading, The
Vacation Of That Portion Of 87th Terrace East Of Collins Avenue, Consisting Of A 50 Foot Right-
Of-Way (ROW) Containing Approximalely 18,042 Square Feet ln Total Lot Area, As Shown On
The Plat Of Altos Del Mar Subdivision No. 2, Recorded ln Plat Book 4, Page 162 O'lThe Public
Records Of Miami-Dade County, ln Favor Of 8701 Collins Avenue, LLC (The "Applicant"); Subject
To And Conditioned Upon Applicant's (1) Grant To The City Of A Ten Foot (10') Wide Perpetual
Access Easement Across The Northern-Most Portion Of The Vacated City Row; And (2)
Applicant's Payment Of A Voluntary Monetary Contribution ln An Amount To Be Negotiated To
The City, To Be Used By The City For lmprovements To North Beach Open Space Park And
Such Other Public Purposes As The City May Deem ln The Best lnterest Of lts Residents And
Visitors. First Readinq
(Public Works/City Attorney's Office)
(Final Memorandum & Resolution to be Submitted in the Supplemental)
R7F A Resolution Setting The Proposed Millage Rates For Fiscal Year (FY) 2014115, The Calculated
"Rolled-Back" Rate, And The Date, Time, And Place Of The First Public Hearing; Further
Authorizing The City Manager To Transmit This lnformation To The Miami-Dade County Property
Appraiser ln The Form Required By Section 200.065, Florida Statutes.
(Budget & Performance lmprovement)
R7G A Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood lmprovement District Setting 1) The Proposed General Operating Millage Rate For
The Normandy Shores Neighborhood lmprovement District; 2) The Calculated Rolled-Back Rate;
And, 3) The Date, Time And Place Of The First Public Hearing To Consider The Operating
Millage Rate And Budget For Fiscal Year (FY) 2014115; Further Authorizing The City Manager To
Transmit This lnformation To The Miami-Dade County Property Appraiser In The Form Required
By Section 200.065, Florida Statutes
(Budget & Performance lmprovement)
R7H A Resolution Setting A Public Hearing On July 30,2014 To Adopt The Sixth Amendment To The
Capital Budget For Fiscal Year (FY) 2013114.
( Budget & Performance lmprovement)
A Resolution Amending Part lV Of The City's Special Events Requirements And Guidelines,
Entitled "City Of Miami Beach Agencies," By Amending Section J Thereof, Entitled "Public Works
Department Environmental Resource Management," By Creating A Paragraph To Be Entitled
"Expanded Polystyrene Food Service Articles," Prohibiting The Sale, Use, And Offering Of
Expanded Polystyrene Food Service Articles By Special Event Permittees.
(Environmental/City Attorney's Office)
R7J A Resolution Adopting The 2014 Revised Amendments To The Key lntended Outcomes ln The
City Of Miami Beach's Strategic PIan As Set Forth Herein To Guide The Design Of Programs And
Services Provided By The City.
( City Ma n a ger's Office I Organization Deve I o p m ent Pe rfo rm a n ce I n itiatives )
R7t
17
17
Commission Agenda, July 23,2014
R7 - Resolutions (Continued)
R7K A Resolution Consenting To The Appointment Of Charles E. Tear As The Director Of The
Department Of Emergency Management For The City Of Miami Beach.
(Human Resources)
R7L A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts June 27, 2014 Meeting And Adopting The Conceptual Park Master Plan For The
Park Space Known As Altos Del Mar Park Located At 7701 Collins Avenue.
(Parks & Recreation)
R7M A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Qualifications No. 2013-178SR, For Franchise Waste
Contractors To Provide Residential And Commercial Waste Collections And Disposal Services
(The RFQ); Authorizing The Administration To Enter lnto Negotiations For New Franchise
Agreements With The Top Three (3) Ranked Proposers: Waste Management lnc. Of Florida,
Progressive Waste Solutions, And Southern Waste Systems LCC; Also Authorizing The City
Administration To Enter lnto Negotiations With The Top Three Ranked Proposers For A New
Agreement To Provide Additional Solid Waste/Recycling Services At City-Owned Properties
And Other Related Public Benefits To The City Which, At A Minimum, Should Contain The
Same (Or More Favorable) Business Terms Than The Existing Services Agreement; And
Further Authorizing The City Manager And City Clerk To Execute The Franchise Agreements
And The Additional Services Agreement Upon Conclusion Of Successful Negotiations By The
Administration, With Such Agreements Having An lnitial Term Of Five Years, Commencing On
October 1, 2014, And Running For An lnitial Term Of Five (5) Years (Commencing On October
1, 2014, And Ending On September 30, 2019).
(Public Works/Procurement)
(Deferred on June 11,2014 - R2B)
R7N A Resolution Accepting The Recommendation Of The Land Use And Development Committee At
Its July 9,2014 Meeting, And Setting A Public Hearing ln Order To Provide A Recommendation
To The Miami-Dade County Public Works Department To Consider The Permanent Closure Of
The Street And Sidewalks Fronting St. Patrick's Church And School, Along N. Meridian Avenue
Between Barry Street And 39th Street.
(Transportation/City Attorney's Office)
R7O A Resolution Accepting The Recommendation Of The Neighborhood/Community
Committee (NCAC) At lts Meeting On May 30, 2014 And Authorizing The lssuance
lnvitation To Negotiate (lTN) For Car Sharing Services ln The City Of Miami Beach.
( Parking/Procurement)
R7P A Resolution Accepting (On Behalf Of One Miami Beach, lnc.) Donations From Various Donors,
Totaling $900,00; With Such Donations To Be Distributed By The City To Gloria Campos, As
Reimbursement For Funds Expended ln Connection With The Purchase Of 100 Tickets For
Seniors To Attend The Cuba Nostalgia Event.
(Requested by Mayor Philip Levine)
Affairs
Of An
1B
18
Commission Agenda, July 23,2014
R7Q A Resolution
Amend The
Elevation.
R7 - Resolutions (Continued)
Accepting The Recommendation From The Flooding Mitigation Committee To
2011 Cityruide Stormwater Management Master Plan For Minimum Seawall
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney's Office)
R7R A Resolution Calling For An November 4,2014 Special Election, For The Purpose Of Submitting
To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether City Charter
Section 2.07 Establishing Procedures For The Filling Of Vacancies ln The City Commission
Should Be Amended To Establish Specific Procedures For The Filling Of Vacancy Caused By
Resignation Of A Member Of The City Commission, And To Provide That lf The City Commission
Chooses Not To Fill A Vacancy By Appointment, Then Provisions Related To A Special Election
To Fill Said Vacancy Shall Be Established ln The City Resolution Calling Said Special Election.
(City Attorney's Office)
(Deferred from June 11,2014 - RgP)
R7S A Resolution Calling For A November 4, 2014 Special Election, For The Purpose Of Submitting
To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether City Charter
Article V Should Be Amended To Require That Within The 6 Months Preceding The City
Commission's Ratification Of The City's Collective Bargaining Agreements With The Respective
Labor Unions The City Commission Shall Consider At Public Hearing A Written Report Presented
By The City Manager Or His Designee/Budget Director Detailing The Current Status And Related
Fiscal lmpact Of Fringe Benefits, lncluding Pension And Health lnsurance Plans, Provided To
City Officers And Employees.
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: City Attorney's Office)
R7T A Resolution Recognizing And Approving Early Voting For The November 4, 2014 City Of Miami
Beach Special Election.
(City Attorney's Office/City Clerk's Office)
R7U A Resolution Authorizing The Miami-Dade County Canvassing Board For The November 4,2014
Countywide General Election As Canvassing Board For The City Of Miami Beach's Special
Election To Be Held On November 4,2014.
(City Attorney's Office/City Clerk's Office)
R7V A Resolution Approving An Expenditure Of Budgeted Funds ln Reasonable And Necessary
Amounts For The Public Purpose Of lnforming And Educating The Voters Of The City Of Miami
Beach Regarding The Ballot Questions On The City's November 4, 2014 Special Election, ln
Order To Achieve A More lnformed Electorate Vote.
(Communications)
19
19
Commission Agenda, July 23,2014
R7 - Resolutions (Continued)
R7W A Resolution Urging The Florida Legislature To Enact Legislation To Criminalize The
Nonconsensual Disclosure Of Sexually Explicit lmages.
(Requested By Vice-Mayor Michael Grieco)
R7X A Resolution Urging The Florida Legislature To Remove The State Law Preemption Regarding
Smoking Regulations To Permit Local Governments To Prohibit Smoking On Their Properties
And On Beaches Within Their Jurisdiction.
(Requested By Vice-Mayor Michael Grieco)
R7Y A Resolution Urging The United States Congress To Enact A Comprehensive Surface
Transportation Program That Provides Long Term Funding For Local Transportation Projects.
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: City Attorney's Office)
R7Z A Resolution Approving The Extension Of Hours For Certain Alcoholic Beverage Establishments
With A 5:00 a.m. Liquor License, Under Certain Specified Conditions Pursuant To Section 6 Of
The City Code, For White Party 2014 (November 28,29,2014) As Recommended By The Gay,
Lesbian, Bisexual, And Transgender (GLBT) Business Enhancement Committee.
(Requested by Commissioner Micky Steinberg)
RTAA A Resolution Setting A Public Hearing On September 10, 2014 To Adopt The Sevenths
Amendment To The Capital Budget For Fiscal Year (FY) 2013114.
(Budget & Performance lmprovement)
R9 - New Business and Commission Requests
RgA Board And Committee Appointments.
(City Clerk's Office)
R9A1 Board And Committee Appointments - City Commission Appointments.
(City Clerk's Office)
RgA2 Nomination Of Audit Committee Members.
(ProcuremenVCity Manager's Office)
RgBl Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
20
20
Commission Agenda, July 23,2014
R9 - New Business and Commission Requests (Continued)
RgC Update On The Miami Beach Convention Center Project.
(City Manage/s Office)
RgD Discussion Regarding Potential Entrepreneurial Startup/lncubator Space ln North Beach.
(Requested by Mayor Philip Levine)
RgE Discussion Related To Towing And The lmmobilization Of Vehicles.
(Requested by Mayor Philip Levine)
(Deferred from June 11,2014 - RgG)
RgF Discussion Regarding Proposed Ballot Question "City Property Valuation - Fair Market Value."
(Requested by Commissioner Edward L. Tobin)
(Deferred from June 11,2014 - RgN)
RgG Discussion Of Permitting For Temporary Religious Structures.
(Building Department)
RgH Discussion Regarding Extending An Agreement For Legislative Services Between The City And
Rutledge Ecenia, P.A., GomezBarker Associates, lnc., And Robert M. Levy & Associates, lnc.
(City Manager's Office)
Rgl Shinola Clock Donation - Update.
(City Manager's Office)
RgJ Update On The Cost To Complete The Biscayne Point lsland Entry Way.
(Requested By Commissioner Jonah Wolfson on May 28,2014 - RgE)
(Legislative Tracking: Capital lmprovement Projects)
RgK Discussion On Designating The Beaches On Miami Beach "Tobacco Free" As Part Of Our
Legislative Agenda.
(Requested by Commissioner Joy Malakoff)
RgL Discussion Regarding A Resolution Providing Healthier Snacks ln Vending Machines At All Of
Our Public Facilities.
(Requested by Commissioner Micky Steinberg)
RgM Proposal For The Partial Re-Location And Master Planning Of Ocean Drive.
(Sponsored By Land Use & Development Committee)
(Legislative Tracking: Planning)
21
21
Commission Agenda, July 23,2014
R9 - New Business and Commission Requests (Continued)
RgN Discuss O Cinema As A Tenant At The Byron Cadyle With Direction To Bring Back An
Agreement For Review.
(Requested by Commissioner Joy Malakoff)
RgO Discussion Related To O Cinema And A Potential Partnership With The Byron Carlyle Theater.
(Requested by Mayor Philip Levine)
RgP Discussion Of What Can Be Done To Ensure Continued Access For Emergency Vehicles And
Residential Access To/From The Venetian Causeway Via The East Bridge During Construction
On The West Bridge.
(Requested by Commissioner Micky Steinberg)
RgQ Discussion Regarding Long Term Problems That Need To Be Addressed At 17th Street And
Alton Road lntersection.
(Requested by Vice-Mayor Michael Grieco)
RgR Discussion Regarding After-School Opportunities For Teens In North Beach Or Lack Thereof.
(Requested by Vice-Mayor Michael Grieco)
RgS Update On Architectural And Planning Services For Washington Avenue And North Beach.
(City Manager's Office)
RgT Discussion Regarding Muss Park And The Best Option Available To Provide Better Weather
Protection For The Young Children Who Attend Our Programs There.
(Requested by Commissioner Micky Steinberg)
RgU Update On Terminal lsland Development Project.
(Planning)
Rl0 - Citv Attornev Reports
R10A City Attorney's Status Report.
(City Attorney Office)
22
22
Commission Agenda, July 23,2014
Reports and lnformational ltems
1. Reports and lnformational ltems (see LTC 241-2014):
2. List of Projects Covered by the Cone of Silence Ordinance - LTC.
(Procurement)
3. Report From Commission Committees Of Withdrawn ltems Not Heard Within (6) Six Months
From Their Referral Date.
(City Clerk's Office)
End of Resular Asenda
23
23
24
2014 Schedule of City of Miami Beach
City Commission/Redevelopment Agency (RDA) Meetings
and the Presentations & Awards Meetings
The City Commission/RDA meetings will begin at 8:30 a.m., and the Presentation & Awards meetings
will begin at 5:00 p.m. All meetings will be held in the City Commission Chambers, Third Floor, City
Hall, 1700 Convention Center Drive, Miami Beach, Florida.
Commission/RDA Meetings Presentations & Awards Meetings
January 15 (Wednesday) January 22 (Wednesday)
February 12 (Wednesday) February 26 (Wednesday)
March 5 (Wednesday) March 12 (Wednesday)
April 23 (Wednesday) April 30 (Wednesday)
May 21 (Wednesday) May 28 (Wednesday)
June 11 (Wednesday) No Meetings
July 23 (Wednesday) July 30 (Wednesday)
August - City Commission/RDA in recess
September 10 (Wednesday) September 17 (Wednesday)
October 22 (Wednesday) October 29 (Wednesday)
November 19 (Wednesday) November 20 (Thursday)
December 17 (Wednesday) December 18 (Thursday)
F:\CLER\$ALL\a City Commission\2014 Schedule of City of Miami Beach.docx
25
F:\CLER\COMMON\2014\07232014\LOBBYIST LIST.Docx
CITY CLERK’S OFFICE LOBBYIST LIST
July 23, 2014 Commission Meeting
Lobbyist’s Name Retained by Principal Date Registered Amount Disclosed
Approve RFP for Auditing Services to Examine City’s Financial Statements Included in CARF
Alexander Heckler Deborah Garringer – Crowe Horwath LLP 04/24/2012 No compensation
Marcelo Llorente Deborah Garringer – Crowe Horwath LLP 04/24/2012 No compensation
Accept FCWPC Recomm/Research Technological Enhancement RE Towing Software & In-Vehicle Cameras
Rafael Andrade Beach Towing Services, Inc. 09/09/2010 No compensation
RFQ 2014-182-LR for Event Planning & Marketing Services for the City’s Centennial Celebration
James Rauh Engine Shop, LLC 5/28/14 $375 hourly
Louis Terminello Engine Shop, LLC 5/28/2014 $525 hourly
Permanent Closure of the 400 Block of Española Way
Jose Fuentes VE Restaurants 10/16/13 No compensation
Amend Solid Waste, Recycling Program and Separation of Recycling Materials from Solid Waste Stream
Alex Gonzalez Waste Management, Inc., of Florida 07/19/2011 Salaried
Clifford Schulman Waste Services, Inc. 7/12/2011 $500 hourly
David Custin Southern Waste System LLC 1/31/2014 $2,500 per month
Grant Smith Progressive Waste Solutions of Fla, Inc. 10/16/2013 $1,000 per month
Jason Neal Waste Management Inc., of Florida 07/12/2011 Salaried
Building Heights – Amend Code - Include Definitions of Minimum Finished Floor and CMB Freeboard
Brian Adler Netz Bonds Miami-HSBC, LLC 09/16/2013 $570 hourly
Carter McDowell Netz Bonds Miami-HSBC, LLC 09/16/2013 $650 hourly
Euclid Right of Way Project
Eric Zichella Lincoln Center Association, LLC 3/18/2013 $10,000 flat rate
RFQ 2013-178SR for Franchise Waste Contractors to Provide Residential & Commercial Waste Collections
John Casagrande Southern Waste Systems, LLC 05/30/2014 None
Rafael Andrade Southern Waste Systems, LLC 09/23/2013 $2,500 monthly
26
F:\CLER\COMMON\2014\07232014\LOBBYIST LIST.Docx
Lobbyist’s Name Retained by Principal Date Registered Amount Disclosed
Update on the Miami Beach Convention Center
Alfredo Gonzalez Portman Holdings – CMC Group 04/05/2012 $450 hourly
Cheryl Andrews Cheryl Andrews Marketing Communic. 06/06/2014 None
David Custin South Florida Auto Truck Dealers Assoc. 5/19/2014 $40,000 flat rate
John C. Portman, III Portman Holdings 07/15/2014 No compensation
John C. Portman, IV Portman Holdings 07/15/2014 Employee
Lucia Dougherty Portman Holdings – CMC Group 04/05/2012 $700 hourly
Marcelo Llorente Philip Goldfarb – Fontainebleau MB 12/05/2011 $7,500 per month
Paul Diamond Robert S. Wennett – Tishman Realty 10/23/2014 No compensation
Robert Goodman Portman Holdings 7/15/2014 None
Timothy Plummer Portman Holdings – CMC Group 07/17/2013 No compensation
Wayne Pathman CConnectMB 06/03/2012 $450 hourly
Amend Code Re: Penalties for Litter/Definition of Litter-Substitute Polystyrene for “Styrofoam”
Rudy Underwood Rudy Underwood 07/11/2014 Salaried
Revised as of July 16, 2014 at 4:43 p.m.
27
c2
GOMPETITIVE BID REPORTS
28
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Authorize The lssuance Of A Request For Qualifications (RFQ) No.
2014-237-JR for Plans Review. lnspections and Permit Clerk Services.
lntended Outcome
Board Recomme
lmprove Building/Development-Related Processes From Single-Family Residences to the Large
Development Projects
The Building Department currently utilizes up to ten temporary employees from its professional
services contract to supplement its existing staff, to allow for maximum flexibility for the
department as market conditions change, and to maximize the speed and efficiency with which
the Department provides services to the public.
Item Su mmary/Recommendation :
The City of Miami Beach has contracts currently with no additional renewal terms to perform
professional consultation services to assist the Building Department with Plans Review,
lnspections and Permit Clerk Services. These services are necessary to address the variable
demand requirements in the Building Department, and to be able to offer customers a high
level of service. To address the needs, the Administration is requesting the release of a
Request for Qualifications for these services.
The intent of this RFQ is to award a contract to a minimum of two (2) consultants to provide
these services for a term of three (3) years with two (2) one (1) year options to renew at the
discretion of the City.
This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants
Competitive Negotiations Act (CCNA).
RECOMMENDATION
The Administration recommends that the Mayor and Commission authorize the issuance of the
RFQ for Building lnspection Plans Review Services.
APPROVE THE ISSUANCE OF THE RFQ
Authorize the issuance of the RFQ.
011-1510-00031 2$ 1.100.000.00
01 1-1510-000312$ 1.100.000.00
(B ANIAANIBEACH Aqenda ltem C0 A
Datel-e,-$--N-29
g MIAMI BEACH
City of Micrmi Beoch, ,l700
Convention Center Drive, Miomi Beoch, Florido 33 139, www.miomibeochf .gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
July 23,2014
REQUEST FOR APPROVAL TO THE ISSUANCE OF A REQUEST
FOR QUALIFICATTONS (RFO) NO. 2014-237-JR FOR PLANS REVIEW,
INSPECTIONS AND PERMIT CLERK SERVICES
ADMINISTRATION RECOMM ENDATION
Authorize the issuance of the RFQ.
FUNDING
Funding for 201412015 in the amount of $1,100,000.00, account code 011-1510-000312,
subsequent years is subject to appropriation by the City Commission.
BACKGROUND
The City of Miami Beach has contracts currently with no additional renewal terms to perform
professional consultation services to assist the Building Department with Plans Review,
lnspections and Permit Clerk Services. These services are necessary to address the variable
demand requirements in the Building Department, and to be able to offer customers a high level
of service. To address the needs, the Administration is requesting the release of a Request for
Qualifications for these services.
The intent of this RFQ is to award a contract to a minimum of two (2) consultants to provide
these services for a term of three (3) years with two (2) one (1) year options to renew at the
discretion of the City.
This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive
Negotiations Act (CCNA).
SCOPE OF SERVICES
Please Reference RFQ 2014-237-JR for Plans Review, lnspections and Permit Clerk Services,
included in Attachment A.
MINIM UM QUALIFICATIONS
Please Reference RFQ 2014-237-JR for Plans Review, lnspections and Permit Clerk Services,
included in Attachment A.
TO:
FROM:
DATE:
SUB]ECT:
30
City Commission Memorandum - RFQ For Plans Review, lnspections and Permit Clerk Services.
July 23, 2014
Page 2 of 2
MINIM UM DOCUM ENTATION SUBMITTAL REQUIREM ENTS
Please Reference RFQ 2014-237-JR for Plans Review, lnspections and Permit Clerk Services,
included in Attachment A.
EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
Please Reference RFQ 2014-237-JRfor Plans Review, lnspections and Permit Clerk Services,
included in Attachment A"
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
RFQ 2014-237-JR for Plans Review, lnspections and Permit Clerk Services.
ATTACHMENTS
. Attachment A: RFQ 2014-237-JR for Plans Review, lhspections and Permit Clerk Services.
EC/AD/MT/JLM
RFQ 2014-237-JR - Plans Review lnspections and Permit Clerk Services - ISSUANCE MEMO.docx
31
REQUEST FOR eUALtF|CATTONS (RFe)
FOR PLANS REVIEW, INSPECTIONS AND PERMIT CTERK
SERVICES TO PROVIDE PROFESSIONAL SERVICES ON AN
"AS.NEEDED BASIS" AND ON AN "ON.GOING BASIS"
FOR THE BUITDING DEPARTMENT
RFGI No. 2Ol4-237-tR
::.:::'
r alv
,i-, ::"::
RFQ ISSUANCE DATE: JULY 25,2014..:
:ffiuAtrFrcArloNs
DUE: AuGUsr 26, 2ot4
# MIAnAIMTACH
Joe V. Rodriguez, CPPB, FCCM, Procurement Coordinqtor
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miomi Beoch, FL 33139
305.673.7000 x 6263 | Fox: 786.394.5494|1 loerodriguez@miomibeochfl.gov
www.miomibeochfl.gov
32
,D
-
MIAMIBTACH
TABLE OF CONTENTS
SOLIGITATION SEGTIONS:PAGE
0100 NoT uTtLtzED ......... ..........N/A
O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ..........3
O3OO SUBM]TTAL INSTRUCTIONS & FORMAT
0400 EVALUATTON PROCESS .............
APPEND!CES:
APPENDIX A
AiJPENDIX B '
APPENDIX C
APPENDIX D
APPENDIX F
RESPONSE CERTI FICATON,
MINIMUM REQUIREMENTS &
SPECIAL CONDITIONS
INSURANCE REQU
........16
.23
25
=................12
14
RFA 20r 4-237-JR
33
ab \4tAtuI m*&C$-i
SECTION O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Qualifications (RFa) is issued by the City of Miami Beach, Florida (the
"City"), as the means for prospective Proposer to submit their qualifications, proposed scopes of work and
cost Statement of Qualifications (the "response") to the City for the City's consideration as an option in
achieving the required scope of services and requirements as noted herein, All documents released in
connection with this solicitation, including all appendixes and addenda, whether included herein or released
under separate cover, comprise the solicitation, and are complementary to one another and together
establish the complete terms, conditions and obligations of the Proposer and, subse4uently, the successful
proposer(s) (the "contractor[s]") if this RFQ results in an award.
The City utilizes PublicPurchase (www.publicpurchase,com) for automatic notification of ,competitive
solicitation opportunities and document fulfillment, including the issuanpp of any addendum le this RFQ.
Any prospective proposer who has received this RFQ by any megps other than through PublicPurchase
must register immediately with PublicPurchase to assure it recd-.,ives ari$.addendum issued to this RFQ.
Failure to receive an addendum may result in disqualificatiajnlbif+r,,e iiSe submitted.
..,:,:.,::.:::
.
2, PURPOSE. The City of Miami Beach is accepting Statement of QuElifiqatiqns for Professional Building
lnspection, Plans Review Services in various disciplines for the City of Miafii Beach Building Department.
The RFQ seeks responses from firms employing stgff with qualifications in the following specialized areas:
Building lnspector; Roofing lnspector; Electrical 'lnSpector; Plumbing lnspector; Mechanical lnspector;
Building Plans Examiner; Electrical Plans Examiner; ,plurnbing Plans Examiner; Mechanical Plans
Examiner; Structural Plans Examiner; Zoning lnspectorlPlans EXaminer and Permit Clerk.
The firms awarded under this RFQ shall provide professional building inspection and plans review services
on an "as-needed basis" and,gr=$going basis" for the Building Department. The price and terms for the
contracts will be negotiatd after""efty Commission approves authorization to negotiate, Each proposed
contract shall be for a th y.._?$* W.,,},!#o (2) one-year renewal options at the City's option.
r'ti: '
NOTE T0 ANy FTRMS pROVtBt#g,pRtVATE PRoVTDER SERVTCES rN THE CITY OF MrAMr BEACH
TO PRIVATE CLIENTS: Proposei5;$pfbcted under this RFQ will not be able to perform Private Provider
lnspections=nd Plans Review servicbs for private clients in the City of Miami Beach for the duration of the
contract with the Cityof Miami Beach. Responders must provide a statement indicating that the Responder
understands and acceBts this requirement and either does not provide Private Provider services in the City
of Miami tseach or will divest itself of all such services at the time it is selected.
NOTE: Firmi selected under this RFQ may not sell or transfer their interests in this agreement to
any other partie5 without the express written approval of the City of Miami Beach. Any unauthorized
sale or transfer of interests will result in the immediate termination of the Agreement.
This RFQ is issued pursuant to Chapter 287.055, Florlda Statutes, the Consultants Competitive
Negotiations Act (CCNA).
RFA 2014-237-)R
34
3. SOLICITATION TIMETABLE. lhe tentative schedule tor this sollcitation is as
Solicitation lssued July 25,2014
Pre-Submittal Meeting Friday, August 8,2014 @ 10:00 AM
Deadline for Receipt of Questions Friday, August 19,2014
Responses Due August 26,2014 @ 3:00 PM
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
4. PROCUREMENT CONTACT. Any questions or clarificatiors concerning this solicitation shall be
submitted to the Procurement Contact named herein, in writin'9, with a copy to the City Clerk's Office,
Rafael E. Granado via e-mail: RafaelGranado@miamibeaChfl.d0$i1:$ facsimile: 786-394-4188, The
Response title/number shall be referenced on all correspondence. AlF{$Eestions or requests for clarification
must be received no later than seven (7) calendar days prior to the df;ffitatement of Qualifications are
due as scheduled in Section 0200-3. All responses to questions/clarificati$,'ffi will be sent to all prospective
Proposers in the form of an addendum.
,D \{lAA,tlBfAtL{
Telephone:
305.673.7000 x 6263
follows
Email:
ioerod riq uez@miami beachfl .qov
Procurement Contact:
Joe V. Rodriguez, CPPB, FCCM
=l,i
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
RFQ 2014-237-JR
35
&MIAfu\IMTATH
5. PRE-STATEMENTS OF QUALIFICATIONS MEETING OR SITE VISIT(S). Only if deemed necessary by
the City, a pre-proposal meeting or site visit(s) may be scheduled.
A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the following
address:
City of Miami Beach
City Hall - 4tt'Floor
City Manager's Large Conference Room
.,rr
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended ., ,6ur., oiinformation, but is
not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via
telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free Nor:th America)
(2) Enter the MEETING NUMBER'.1142644 -1
:
Proposers who are interested in participating via telephone should send an e-mail to the contact person
listed in this RFQ expressing their intent to participate via telephone.
ATEMENT ATIONS. Oral information or responses to
questions received by prospective Proposer are ngt brndin$ o., e City and will be without legal effect,
including any information received at pre-submittaffieting of'site visit(s). Only questions answered by
written addenda will be binding and may supersed6,.:.terms noted in this solicitation. Addendum will be
released through PublicPurchase. =-.
7. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, all procurement solicitations once
advertised and until an award recommendation has been fonruarded to the City Commission by the City
Manager are under the "Cone'of Silenie." the Cone of Silence ordinance is available at:
http://library.municode.com/index,asox?clientlD=13097&statelD=9&statename=Florida.
Any compunicatftiq p.ggCuiry in reference to this solicitation with any City employee or City official is strictly
prohibj,t with the clf *ception communications with the Procurement Director, or his/her administrative
staff,,?'f.6r$,OOnsible for'lgdministering the procurement process for this solicitation providing said
commuffilip,,,n is limitdi-{ to matters of process or procedure regarding the solicitation. Communications
regarding thl$.solicitatrjn are to be submitted in writing to the Procurement Contact named herein with a
copy to the City,GXeik at rafaelsranado@miamibeachfl.qov.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
RFQ 20 t4-23/tR
36
g MIAAAI*rACH
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. miamibeachfl.qovlorocuremenUscroll. aspx?id=235 1 0
. CONE 0F S|LENCE.... CITY CODE SECTION 2486
. PROTEST PROCEDURES CITY CODE SECTION 2-371
^:CTIONS 2-397 THROUGH 2-485.3. DEBARMENT PROCEEDINGS CITY CODE.SE
r, i'
o LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES.... CITY C0DE ECTIONS 2481 THROUGH 2406
. CAMPAIGN CONTRIBUTIONS BY VENDORS CITYCODE SECTTON 2487
,', .o CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES . ...:,= . CtTy CODE SECTTON 2488
. REQUIREMENT FOR CITY CONTMCTORS T0 PROVIDE EQUAL BENEFITS FOR
DoMESTIC PARTNERS..... , , ,.,., . .
., fl1. = CITY CODE SECTION 2-373
. LIVING WAGE REQUlREMENT..,.....".. .....'...::;:,,:),......unij:'C[TY CODE SECTIONS 2407 THROUGH 2-410
= rllo LoCALPREFERENCEFoRMTAT/TBEACH-BASEDVENDoRS.,..,.,.,...,.,.....,,.......11,{liilN.'r]CODESECT|oN2-372
. PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY 'rN"-\N'
VETEMNS AND TO STATE.CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ,}'"ENTERPRTSES .........,,.1,..:::::,t., .,.,.....,........................:. C|TY CODE SECTION 2-374
o ACCEPTANCE OF GIFTS, FAVORS & SERVICES..... . . :.. ... .. ,,,:... . . ..,....,.,.. CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF QUALIFICATIONS. The City reserves the right to
postpone the deadline for sqb*iHal-e.f Statement of Q0alifications and will make a reasonable effort to give
at least three (3) calendar day's written notice of any such postponement to all prospective Proposers
through PublicPurchase. '"
r&,. -i *:, ..;.+s
Y*u
10. PROTESTS. Protests conc6tHihg,the specifications, requirements, and/or terms; or protests after the
proposal due date in accordance wffieity Code Section 2-371, which establishes procedures for protested
proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of
City Code Section 2-371shall be barred,
11. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No.
reSponSiVeandreSponSibleMiamiBeach-based
proposer,
=12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance
No. 2011-3748, the City shall give a five (5) point preference to a responsive and responsible proposer
which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled
veteran business enterprise.
13. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section V,
Evaluation of Statement of Qualifications, will be considered by the City Manager who may recommend to
6RFQ 2014-2374R
37
,D MiAMI*[ACH
the City Commission the propose(s) s/he deems to be in the best interest of the City or may recommend
rejection of all Statement of Qualifications. The City Manager's recommendation need not be consistent
with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-
369, including the following considerations:
(1) The ability, capacity and skill of the proposer to perform the contract.
(2) Whether the proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the proposer.
(a) The quality of performance of previous contracts.
(5) The previous and existing compliance by the proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recornmendation and may approve such
recommendation, The City Commission may also, at its option,,[if,,j!.t the4ity Manager's recommendation
and select another Proposer (s) which it deems to be in the bestirii.lelest of::the City, or it may also re.yect all
Statement of Qualifications. Upon approval of selection by the Citf=€$mission, negotiations between the
City and the selected Proposer (s) will take place to arrive at a mutuall$ apceptable Agreement, including
cost of services. ffi'
,I4. ACCEPTANCE OR REJECTION OF RESPONSES.The City reserves the right to reject any or all
Statement of Qualifications prior to award. Reasonable efforts will made to either award the Contract or
reject all Statement of Qualifications within one-hundred twenty (120) calendar days after Statement of
Qualifications opening date. A proposer may not withdraw its Statement of Qualifications unilaterally before
the expiration of one hundred and twenty (120) calendar,-days from the date of Statement of Qualifications
opening.r\:%t
15. PROPOSER'S RESP9_NSIB!1,!IY. Before submitting a Statement of Qualifications, each Proposer
shall be solely responsibleftr, makin$-ny and all investigations, evaluations, and examinations, as it
deems necessary, to ascertain all conditions and requirements affecting the full performance of the
contract. lgnorance of such conditions and requirements, and/or failure to make such evaluations,
investigations,rEfi$iiexaminations, will not relieve the Proposer from any obligation to comply with every
detail and with all Pwisions and requirements of the contract, and will not be accepted as a basis for any
subs= t claim whatscever for any monetary consideration on the part of the Proposer.
:""::'
=o
gy ngSpONOeNfS. All expenses involved with the preparation and submission16. COSTS INCURRI
of StatemenH...Q$alifications, or any work performed in connection therewith, shall be the sole
responsibility (aridthall be at the sole cost and expense) of the Proposer , and shall not be reimbursed by
the City,
17. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposals hereby acknowledge and
agree, that the successful Proposer is considered to be an independent contractor, and that neither the
Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be
considered employees or agents of the City.
7RFG 2014-237-JR
38
&AAIAMIBTATFI
18. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
19. MISTAKES. Proposals are expected to examine the terms, conditions, specifications, delivery
schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ.
Failure to do so will be at the Proposer's risk and may result in the Statement of Qualifications being non-
responsive.
20. PAYMENT. Payment will be made by the City after the goods or services have been received,
inspected, and found to comply with contract, specifications, free of damage or defec-t;=nd are properly
invoiced, lnvoices must be consistent with Purchase Order format. =
21. PATENTS & ROYALTIES. Proposer shall indemnify and save harmle€the Ci ;j-o,,f Miami Beach,
Florida, and its officers, employees, contractors, and/or agents, from liability of any nature oi kind, including
cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or
article manufactured or used in the performance of the contract, including its use by the City of Miami
Beach, Florida. lf the proposer uses any design, device or materials covered by letters, patent, or
copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all
royalties or cost arising from the use of such design, device, or materials in any way involved in the work.
22. MANNER OF PERFORMANCE. Proposer agrees to perform its dutiet'and obligations in a professional
manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and
codes, Lack of knowledge or ignorance by the pic=p...q,.ggr with/of applicable laws will in no way be a cause
for relief from responsibility. Proposer agrees that the servrces provided shall be provided by employees
that are educated, trained, experienced, certifiedi=.andTCEfiScd in all areas encompassed within their
designated duties. Proposer agrees to furnish t$t,tn. City"'any and all documentation, certification,
authorization, license, permit, or registration currently required by applicable laws, rules, and regulations.
Proposer further certifies that it and its employees'will keep all licenses, permits, registrations,
authorizations, or certifications reqqirgd by applicable''laws or regulations in full force and effect during the
term of this contract. Failure of proposer to comply with this paragraph shall constitute a material breach of
this contract.
Where contractor is required to'enter,,or go on to City of Miami Beach property to deliver materials or
perform wg1t14r',sqryices as a result of any contract resulting from this solicitation, the contractor will
assume tii6 tull duti.; igation and expense of obtaining all necessary licenses, permits, and insurance,
and assure all work c@lies with all applicable laws. The contractor shall be liable for any damages or loss
to the Ci&gcasioned by negligence of the proposer, or its officers, employees, contractors, and/or agents,
for failu re=@mply witii%pplicable laws.
::,,.,:::-
23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
24. ANTI-DISCRIMINATION. The proposer certifies that he/she is in compliance with the non-
discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order
11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex
or nationalorigin"
RFA 2014-237-)R
39
.D AAIAMIBilACH
25. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Statement of Qualifications will only be considered from firms which are regularly engaged in the
business of providing the goods and/or services as described in this solicitation.
C. Proposals must be able to demonstrate a good record of performance for a reasonable period of time,
and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily
perform the services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean.a fully equipped
and well established company in line with the best business practices in the industry, and ai determined by
the City of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications
and abilities of a proposer, including past performance (experience), in making an award thaf,i,i,,,, r the best
interest of the City. rli,,. =F. The City may require proposer s to show proof that they" haVe'-been designated aS authorized
representatives of a manufacturer or supplier, which is the actu-alflurce ofsupply. ln these instances, the
City may also require material information from the source of sup$lylegading the quality, packaging, and
characteristicsoftheproductstobesupplytotheCity'
..,,:.:\-\\ i:
26. ASSIGNMENT. The successful proposer shall not assign, transfer, coW#Y, sublet or othenruise dispose
of the contract, including any or all of its right, title or interest therein, or hisfier or its power to execute such
contract, to any person, company or corporation, without 1h.,,1.1,,, r written consent of the City.
' ':::::''=: il:=: "
27. LAWS. PERMITS AND REGULATIONS. The prder shatt obtain and pay for all licenses, permits,
and inspection fees required to complete the work and shall comply with all applicable laws.
28. OPTIONAL CONTRACT U$AGS. When the successful proposer (s) is in agreement, other units of
the option of the unit of
29. VOLUME OF WORK TO It is the intent of the City to purchase the
goods and services specifically
right to purchaseany goods or
listdffiw{his solicitation from the contractor, However, the City reserves the
serv}Ees awarded from state or other governmental contract, or on an as-
needed basis through the City's spot market purchase provisions.
30.'DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents
shall be as follows:
A. Any conti-ct or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The proposer's proposal in response to the solicitation.
31. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's
fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur
9RFA 20 t 4-237tR
40
a ,&,{IAMI*TACH
as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,
relating to or resulting from the performance of the agreement by the contractor or its employees, agents,
servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in
connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in
the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments,
and attorney's fees which may be incurred thereon. The contractor expressly understands and agrees that
any insurance protection required by this Agreement or othenuise provided by the contractor shall in no
way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers,
employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survivetheexpirationorterminationofthisAgreement'
::::
32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to'bxtend contract past
the stated termination date for a period of up to 120 days in the event that a subsequentContract has not
yet been awarded. Additional extensions past the120 days may occur as needed by the City and as
mutuallyagreeduponbytheCityandthecontractor.:..]:i
33. FLORIDA PUBLIC RECORDS LAW. Proposals are hereby notified that all Responses including,
without limitation, any and all information and documentation submitted therewith, are exempt from public
records requirements under Section 119.07(1), Florida Statutes, and s. 24(Q, Art. 1 of the State
Constitution until such time as the City provides notice of an intended deCision or until thirty (30) days after
opening of the proposals, whichever is earlier, Additionally, Contractor agrees to be in full compliance with
Florida Statute 1 19,0701 including, but not limiteflkp*iiAgreement to (a) Keep and maintain public records
that ordinarily and necessarily would be required hithe $ublic"g*e$cy in order to perform the services; (b)
provide the public with access to public records ofuthe same tffis and conditions that the public agency
would provide the records and at a cost that doe.s not exceed the cost provided in this chapter or as
othenarise provided by law; (c) Ensure that public reihds"that are exempt or confidential and exempt from
public records disclosure requ.ir.e-ments are not disilosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractol upon tdimination of the contract and destroy any duplicate public records that
are exempt or confidehtial and eXdmpt from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that is compatible with the information
technology systems of the public agency.
34. MOD}FICATION/I,VITHDRAWALS OF QUALIFICATIONS.
Statement of Qualifications to replace all or any portion of a previously submitted Statement of
aualifiC s up until th$ Statement of Qualifications due date and time. Modifications received after the
StatemenEHualifications due date and time will not be considered. Statement of Qualifications shall be
irrevocable 8fii11;c0,,.-[]lrect award unless withdrawn in writing prior to the Statement of Qualifications due
date, or after ex$iFbtion of 120 calendar days from the opening of Statement of Qualifications without a
contract award.'"'Letters of withdrawal received after the Statement of Qualifications due date and before
said expiration date, and letters of withdrawal received after contract award will not be considered,
35. EXCEPT]ONS TO RFQ. Proposals must clearly indicate any exceptions they wish to take to any of the
terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall
be included and clearly delineated, in writing, in the Statement of Qualifications, The City, at its sole and
absolute discretion, may accept or reject any or all exceptions and alternatives. ln cases in which
exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular
A Proposer may submit a modified
RFA 2014-237)R rn
41
E tu{lA,\,llBrAC}-{
term and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was
originally set forth on the RFQ).
36. ACCEPTANCE OF GIFTS. FAVORS. SERVICES. Proposals shall not offer any gratuities, favors, or
anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing
consideration of this Statement of Qualifications, Pursuant to Sec. 2-449 of the City Code, no officer or
employee of the City shall accept any gift, favor or service that might reasonably tend improperly to
influence him in the discharge of his official duties.
_d*..
'dBALANCE OF PAGE INTENTIONALLY LEFT BLANK "
I::
.,lllr
RFC] 20)4237JR il
42
&,\AiArV\lmfACH
sEcIoN 0300 SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be
submitted in an opaque, sealed envelope or container on or before the due date established for the receipt
of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to
be submitted. The following information should be clearly marked on the face of the envelope or container
in which the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return
address. Statement of Qualifications received electronically, either through email or facsimile, are not
acceptable and will be rejected.
2. LATE RESPONSES. Statements of Qualifications are to be received on or before the due date
established herein for the receipt of Responses. Any Responses received after the deadline
established for receipt of Statement of Qualifications will be considered late and not be accepted or
will be returned to proposer unopened. The City does not accepl respo-nsibility for any delays, natural or
othenruise. .ir\*
=_
1l+l\...=
3. STATEMENTS OF QUALIFICATIONS FORMAT. ln order to maiht*rcomparability, facilitate the review
process and assist the Evaluation Committee in review of StatemEEfaf .Bualifications, it is strongly
recommended that Statement of Qualifications be organized and tabbed'illll,'Sccordance with the sections
and manner specified below. Hard copy submittal should be tabbed as dhumerated below and contain a
table of contents with page references, Electrohidiopies should also be tabbed and contain a table of
contents with page references. Statement of Qualificatiohs that do not include the required information will
be deemed non-responsive and will not be considered.
Cover Letter & Minimum Qualifications Requirements
1.1 Cover Letter and Tab1gil Gdents. The cover letter must indicate Proposer and Proposer Primary
Contact for the purposes or($igsotic , . ,
1.2 Response Certification, Qg-q5tiffifieiFdi& Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
Submit verifiable Information documenting compliance with the
requirements rlstablished in Appendix C, Minimum Requirements and Specifications,minimum qualifications
1.4 This RFQ is issued'$u'rsuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations
Experience & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant
experience and proven track record of providing the scope of services similar as identified in this solicitation,
including experience in providing similar scope of services to public sector agencies. This experience should
include at least flve (5) years with government agencies in Miami-Dade County. For each project that the
proposer submits as evidence of similar experience, the following is required: project description, agency name,
agency contact, contact telephone & email, and yea(s) and term of engagement. An SF 330 can suffice this
request,
RFG 2014-234R 12
43
tb A,T]AAAi&ilAC[-I
2.2 Qualifications of Project Manager. Submit detailed and verifiable information regarding the Project
Manager which demonstrates at least five (5) years' experience acting in said capacity in Miami-Dade County.
2.3 Qualifications of Proposer's lnspectors/Examiners/Reviewers. Submit verifiable evidence, which shall
include resumes, copies of licenses and certifications, for the Propose/s employees under the Areas of
Specialization / Building Trades listed in Appendix C, sub-section C.2 of the RFQ. lt's encouraged that Firms
who have several professional trades specializations in-house, provide their qualifications and experienced for
every discipline that is listed in Appendix C, sub-section C.2 of the RFQ.
.=,
1. Provide an organizational chart of all personnel and consultants to be useg on this project, their
qualifications, and their relationship to the proposer, A resume of each indivj-d,€t including education,
experience, and any other pertinent information shall be included for+ch= m member to be
assigned to this projec,.
***2. Respondent must provide documentation which demonstrates their ability to satisfy all ffie minimum
qualifications requirements ;Y
3. The Consultant shall be licensed by the State of Florida Department of Professional Regulation to
provide the services required under this RFQ. '.:1
-,=
2.4 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification
Report (SOR) directly to the Procurement Contact named herein, No proposal will be considered without
receipt, by the City, of the SQR directly from Dun & Bradstreet, The cost of the preparation of the SQR shall be
the responsibility of the Proposer. The Propo*r .hhli[dg*--€,=g=!=15QR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/SiififfiupplierPortal?storeld=11696
Proposals are responsible for the accuracy of the information contained in its SQR. lt is highly
recommended that each proposer review the infodrnation contained in its SQR for accuracy prior to
submittal to the City and as early as possible in the soliCitation process. For assistance with any portion
of the SQR submittal procesC, Contact Dun & Bradstreet at800-424-2495.
An SF 330 can suffice thi5
-}."
Note: After ptEf&,e,,,af..- rOmittal, the City reserves the right to require additional information from Proposer
(or proposer tefffi'members or sub-consultants) to determine: qualifications (including, but not limited to,
litigation history, regulatory action, or additional references); and financial capability (including, but not
limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two
complete fiscal years).
Approach and Methodology
Submit detailed,infof,mation on how proposer plans to accomplish the required scope of services, including
detailedrlnformatiori;r H applicable, which addresses, but need not be limited to: implementation plan,detailedrlnformatiori;r H applicable, which addresses, but need not be limited to: implementation plan,
proje.et$imeline, phasinfiroptions, testing and risk mitigation options for assuring project is implemented on
time
RFQ 2014:23/-lR t3
44
sEcTloN 0400 STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to
evaluate each Statement of Qualifications in accordance with the requirements set forth in the solicitation. lf
further information is desired, Proposals may be requested to make additional written submissions of a
clarifying nature or oral presentations to the Evaluation Committee. The evaluation of Statement of
Qualifications will proceed in a two-step process as noted below. lt is important to note that the Evaluation
Committee will score the qualitative portions of the Statement of Qualifications only. The Evaluation
Committee does not make an award recommendation to the City Manager. The results,df$tep 1 & Step 2
Evaluations will be fonruarded to the City Manager who will utilize the results to make a recommendation to
theCityCommission.,,,,,,,,,=
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by
the Evaluation Committee. The second step will consist of quantitative criteria establishe lOw to be
added to the Evaluation Committee results by the Department of Procurement Management. Ah Evaluation
Committee, appointed by the City Manager, shall meet to evalufie each Statement of Qualifications in
accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. ln doing so, the
Evaluation Committee may:
o review and score all Statement of Qualifications received, with or without conducting interview
sessions; or
. review all Statement of Qualifications received-and short-list one or more Proposer to be further
considered during subsequent interview r **ffi,g;lng *p same criteria).
a
a
a
a
Qualiflcations of Firm and Key Personnel & FinincialCapability
Understandlng of the ProjecUProject Approach =Prior Work History as a Team
Willingness to meet time a.nQ,.,, udget requirements as demonstrated by
past performance
Certified disadvantage h,ll,,,.g,,., ss enterprise (DBE)
Recent, current, and proj€0ted workload of the Firm
100
Maximum Total
for all Factors
a
a
' "il\1.iS-..,.,..=
,t=
3. Step 2 E ations. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may
receive additiori lif,Uantitative criteria points to be added by the Department of Procurement Management
to those points earned in Step 1, as follows.
Miami Beach-Based Vendor Preference
Veterans Preference
The Volume of work previously awarded to each Firm by the City
RFa 20 t 4-237)R 14
45
4. Determination of Fina! Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step
2 Points will be added to each evaluation committee member's scores by the Department of Procurement
Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below:
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission.'Final Ranking does not constitute an
award recommendation until such time as the City Manager has made his
recommendation to the City Commission;,urhich may be different than final ranking
Step 1
Points 82 76 80
srep z
Points 22 15 12
Total 104 91 92
B-Ak ii;llir, ::*
Step 1
Points 79 85 72
Step 2
Points 22 15 12.
Total 101 100 u4i
Rank
:':.r=
!:,::z :.Yl:tl:::::a::::;,l
r\tlr::
ii\tr::ri.:S
Committao
Mefiber 3
Step 1
Points 80 74 66
Step 2
Points 22 15 12
Total 102 iir" 89 78
r xBll4rnrtj$ii:i!
RenKln\':,:l 1 2
,sit
RFA 2014-237-JR t5
46
APPENDIX A
& rtnie&AlIs \s Y I*rwffi&ffiN
Response Certificotion,
auestidlrqtuil#ire &
R eq u ire m e nts' Affid ovit
l':. ,n,ra r.
iirit
,t;.:l;;
.,--,;..,',,,.,.;;;,,=.- RfQ 2014'237-JRP s Reftiew, lnspections ond Permit Clerk
='
@,@
* Services
NEPARTMENT OF PROCUREMENT MANAGEMENTu
r 700 Convention Center Drive
Miomi Beoch, Florido 33.l39
tllil,:,,L
Y*L
.
RFA 2Cr4237-JR t6
47
Solicitation No:
RFQ 2014-237-JR
Solicitation TiUe:
Plans Review, lnspections and Permit Clerk Services
Procurement Contact:
Joe V" Rodriquez, CPPB, FCCM
Tel:
305.673.7000 x 6263
Email:
ioerod rio uezO miami beachfl .oov
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS
AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to
inform prospective Proposals of certain solicitation and contractual requirements, and !trg.,,gttect necessary
information from Proposals in order that certain portions of responsiveness, res,gdnsibility and other
determining factors and compliance with requirements may be evaluate_d. T{is Statement of
Qualifications Certification, Questionnaire and Requirements Affidavit Form is d*REQUIRED FORM
that must be submitted fully completed and executed. 'it,
"+,+==,
1. General Proposer lnformation. i : =
FIRM NAME:No of Employees
No of YeaB in Business:No of Years in Business Localty:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER tN THE LAST 10 yEARS:
FIRM PRIMARY ADDRESS (HEADAUARTERS):
CITY:
STATE:ZIF.O-QFE;:.,,.,.
..' ::!:::J :L,rllt\i\:iiii
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
CITY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPI"IONE NO.:.,:.
AUULUN I KEI' IULL FHEE NUI:
ACCOUNIREP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm
or principal information, applicable licensure, resumes of relevant individuals, client information, flnancial information, or any
information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract
requirements.
Miami Beach
RFQ 2014-237-JR
AppendixA-Page'l
Rt-Q 20 t 4:23/tR 17
48
Miami Beach Based (Local)Vendor. ls proposer claiming Miami Beach based firm status?
l--_l vrs [__l uo
SUBMITTAL REQUIREMENT: Proposals claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by
the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, to demonstrate
that the Proposer is a Miami Beach Based Vendor.
2. Veteran Owned Business. ls proposer claiming a veteranf--l vrs
owned business status?
NO
3.
SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that
firm is certified as a veteran-owned business or a service-disabled veteran owned business by the$tate of Florida or United
States federal government, as required pursuant to ordinance 2011-3748. ,=
Conflict Of lnterest. All Proposals must disclose, in their Statement of Qualifications, the name(s) ot rnf off*r, director, agent,
or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all
Proposals must disclose the name of any City employee who owns, either directly or,indirectly, an interest of teh:'(10%) percent
or more in the Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposals must disclose the name(s) of an1oficer, direc.tsr,.. agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach, Proposals must also disclose the name
of any City employee who owns, either directly or indirectly, an interest of ten (10%}lN,1,gent or more in the Proposer entity or any
of its affiliates W d
\\\\l
Litigation History. Respondent shall submit a statement of any litigation or regulatory,,flttion that has been flled against your
firm(s) in the last five years. lf an action has been filed, state and describe the litigation or regulatory action filed, and identify the
court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such
reported action. lf no litigation or regulatory action has been filed against ya.ur4nn(s), provide a statement to that effect. lf "No"
litigation or regulatory action has been filed against your firm(s); please*ovide a statement to that effect. Truthful and
complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the
selection process. Untruthful, misleading or false answers t0 this question shall result in the disqualification of the firm
forthis Project'
.,.:: =,..,:..:::,=
SUBMITTAL REQUIREMENT:-,Ffte ReSpondent shall submit history of litigation or regulatory action filed against respondent,
or any respondent team mettlEi.:,1!q!, in th* st ten (10)years. lf Respondent has no litigation history or regulatory action in the
References & Past Performance. ;!'ew)shall submit at least three (3) references for whom the proposer has completed
work similar in size and nature as lheworK.@Eienced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name,2) Contact
lndividd Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or
had a contractfficelled due to non-performance by any public sector agency?
l----] vrs [-_-l uo
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Gampaign Contributions. Proposals are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposals shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all
sanctions, as prescribed therein, including disqualification of their Statement of Qualifications, in the event of such non-
4.
Miami Beach
RFQ 2014-237-JR
AppendixA-Page2
compliance
IB
49
B.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a conkolling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response
or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting CoOe of Business
Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance,te,Clty of Miami Beach Code
of Ethics, available at www.miamibeachfl.gov/procuremenU.
*. *+r'tHh
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from tiiftQto,ljme, Proposer
shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living'wt$.g5ates listed
below:
. Commencing with City fiscal year 2012-13 (October 1,2012), the hourly living rate will be $11.28/hr with
health benefits, and $12.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commisiion be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CP|-U) Miami/Ft. l-auderdale, issued by the U.S. Department of
Labo/s Bureau of Labor Statistics. Notwithstanding the preceding, no annual index slrall exceed three percent (3%). The City
may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound
to implement same (in a particular year).
a,
Proposals'failure to comply with this provision shall be OeeqlUd iffFJ.g1!.ql breach under this proposal, under which the City may,
at its sole option, immediately deem said proposer as non-/esponl$if"e,i#"9!.gy,,further subject proposer to additional penalties
and fines, as provided in the City's Living Wage Ordinance, as amgiiSed. 'F[rther information on the Living Wage requirement is
available at www.miamibeachfl .gov/procuremenU.
_41
SUBMITTAL REQUIREMENT: No additional submittal is requiied;'By virtue of executing this affidavit document, Proposer
agrees to the living wage requirement.
Equal Benefits for Employets with Spouses and Employees with Domestic Partners. When awarding competitively
solicited contracts valued at over $100,000 whom ntractors maintain 51 or more full time employees on their payrolls during
20 or more calendar work weeks, thetqual BenefrtS for Domestic Partners Ordinance 2005-3494 requires certain contractors
doing business with the City of Miami'Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal
Benefits" to their ggployees with domestic parthers, as they provide to employees with spouses. The Ordinance applies to all
employees of ai0bn$"fl.-9.lg1,who work within the City limits of the City of Miami Beach, Florida; and the Contracto/s employees
located intU UniteO Siafe+ Out outside of the City of Miami Beach limits, who are directly performing work on the contract within
A. 'ffifur company @. or offercfT any benefits
ffrnpioyees
with spouses or to spouses of employees?
B. Does your coihpany'provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or
to domestic partners of employees?
l-__l vrs [----l uo
c. Please check all benefits that apply to your answers above and list in the "othe/' section any additional
benefits not already specified, Note: some benefits are provided to employees because they have a spouse
or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or
domestic partner, such as medical insurance.
Miami Beach
RFO 2014-237-JR
AppendixA-Page3
9.
10.
RFQ 2014-2371R t9
50
11
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Familv Medical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalenf and submit a completed Reasonable Me,qsures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be review-edfur consideration by the
City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is finafffi$her information on the
, .;.
Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to:tiffi"states that
a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity Crime may not
submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not
submit proposals, Statement of Qualifications, or replies on leases of real property to a p*blic entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contiae,t h any public entity; and may not transact
business with any public entity in excess of the threshold amount provided ,n t. ,U7:0ff:.for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal ru,!.,equired. By virtue of executing this affidavit document, proposer
agrees with the requirements of Section 287.133, Florida Sf# t =;,a.ffi1;s ittas not been placed on convicted vendor list.
i#;\ :
Acknowledgement of Addendum. After issuance of solicitation, th itf rielease one or more addendum to the solicitation
which may provide additional information to Proposer or alt0 licitation requirements. The City will strive to reach every
Proposer having received solicitation through the City's e-proctuement system, PublicPurchase.com. However, Proposals are
solely responsible for assuring they have received any and all adflmdum issued pursuant to solicitation. This Acknowledgement
of Addendum section certifies tha[*$he Hroposer has received all%ddendum released by the City pursuant to this solicitation.
Failure to obtain and acknowledge ieceipt $f,ipll addenda may result in proposal disqualification.
lnitial to Conlirm
Receiot
lnitialto Confirm
Receiot
lnitial to Confirm
Receinl
AddenduriiY Addendum 6 Addendum 1 1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
tf additional confirmation of addendum is required, submit under separate cover.
12.
qw
.s?
Miami Beach
RFQ 2014-237JR
AppendixA-Page4
RFCTOIZ-237)R 20
51
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's
convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in
making any award, or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling
awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability
or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may
accept or reject Statement of Qualifications, and may accept Statement of Qualifications which deviates from the solicitation, as it
deems appropriate and in its best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any
party or parties submitting Statement of Qualifications in response to this solicitation.
Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and
assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including,
without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as iequbsted by the City in
its discretion.
The information contained herein is provided solely for the convenience of prospec-t*se Proposals. lt is the respffiibility of the
recipient to assure itself that information contained herein is accurate and comple The City does not provideany assurances
as to the accuracy of any information in this solicitation. -..i ,
Any reliance on these contents, or on any permitted communications with City officialS, shall be at the recipient's own risk.
Proposals should rely exclusively on their own investigations, interpretations, and:fifieflses. The solicitation is being provided by
the City without any warranty or representation, express or implied, as to its cofit$& its accuracy, or its completeness. No
warranty or representation is made by the City or its agents that any Statemerltllo{ Qttaliflcations conforming to these
requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection lnd the award process, or whether any
award willbe made. Any recipientof this solicitation who responds hereto fully acknowledges allthe provisions of this Disclosure
and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Statement
of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party
submitting such Statement of Oualifications.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for
guidance only, and does not constitutelbll or any part of an agreement.
The City and all Proposals wil b.e bound dfilfi as, if and when a Statement of Qualifications, as same may be modified, and the
applicable definitive agreements pertainin$ thereto,_glfuapproved and executed by the parties, and then only pursuant to the
terms of the definitive agreementsC m6ng.Elarties. Any response to this solicitation may be accepted or rejected by
the City for any reason, or for no reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents
shallbe subjecttodisclosure as required bysuch law. Allstatementof Qualifications shallbe submitted in sealed proposalform
and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the
responses. At that time, all documents received by the Citi shall become public records.
Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement
of Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems
appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to
the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained
in the Statement of Qualifications is true, accurate and complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final
unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,
or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as
agreed-upon and liquidated damages. The previous sentence, however, shall not be conskued to circumvent any of the other
provisions of this Disclosure and Disclaimer which imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is
understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising
from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida.
Miami Beach
RFQ 2014-237-JR
AppendixA-Page5 21
52
I hereby certify that: l, as an authorized agent of the Proposer , am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, lerms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any
other proposal; proposer acknowledges that all information contained herein is pail of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and
accurate.
on this
-day
of
-,
20-, personallyState of FLORIDA )
)
county of
-)
appeared before me who
stated that (s)he is the
, a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires:
of
'
:.:s
;is
.i::=
,;i
^ii;"
Miami Beach
RFQ 2014-237-JR
AppendixA-Page6
Name of Proposer's Authorized Representative:Title of Proposer's Authorized Representative:
Rr-Q 2014-23/1R 22
53
APPENDIX B
C AnsAmrffiffi&ffM
'il(-Nr;,,,u
"No Bid" FOrm
.riQ1r$,
-*8FO 2014-237-JR
Plons Revj#wBspections ond Permit Clerk
Services
..
] \,,-,
DEPARTMENT oF PR.CUREMENT MANAGEMENT,=,- , ,ro,rX,lfl?;:::?:ffil::?i:;
Rl-(J 2U t 4:2',3/-_lR IJ
54
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT STATEMENTS OF QUALIFICATIONS AT THIS TIME
FOR REASON(S) CHECKED AND/OR INDTGATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
-
Specifications unclear or too restrictive =,,i_ Unable to meet specifications : ':r:=
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this producUservice
_OTHER. (Please specify)
{ r:r:::::::::::: j;i.l
We do _ do not _ want to be retained on your mailing list for future proposals of this type
Signature:
Title:
Legal Company Name:
Note: Failure to re$[ond, either by submitting a proposal or this completed form, may result in
your cornp,any _leing removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Joe V. Rodriguez, CPPB, FCCM
STATEMENTS OF QUALI FICATIONS #201 4.237.JR
1700 Convention Center Drive
MIAMI BEACH, FL 33139 Miami Beach
RFQ 2014-237-JR
AppendixB-Page'1
RFA 2014-237-JR 24
55
APPENDIX C
&
{ry &A|AMI Wffi&ffiil
"dNij'\.:.ii\
Minimum Requirements &
SpecificofiOns
=Plons Revie*liill,^tpecEns ond Permit Clerk
'.=:.. Li!_= Services
DEPARTMENT OF PRORCUREMENT MANAGEMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
RFQ 201t6-237-JR
RFA 2014-237)R 25
56
C1. MINIMUM REQUIREMENTS. The Minimum Eligibility Requirements for this solicitation are listed
below" Proposer shall submit detailed verifiable information affirmatively documenting compliance with each
minimum requirement, Proposals that fail to comply with minimum requirements will be deemed non-
responsive and will not be considered.
. Proposer must demonstrate at least five (5) years of experience in providing all professional
trade specialization services in this RFQ to governmental entities in Miami-Dade County;
. Proposer must demonstrate that they have provided similar services to at least five (5) other
governmental entities in Miami-Dade County and must present a highly qufilified project team
that is available on a full time and/or part time basis. ,,r#*
The Prolect Manager must demonstrate at least five (5) years'ffieridTt&=cting in such a. lne Hroject Manager must oemonstrate at least IlVe (C) years' $PeneEes,rcung ln s
capacity, providing similar services to other governmental entities iffttliami-D6&County.
. Proposer's must demonstrate that its lnspectors/Examine hold all
years prevrous
lnspectors/Plan
necessary licensure as specified in the RFQ and .haVe at least five (5)
experience in their field, and two (2) years minim;ff'experierrce for Zoning
Reviewers and Permit Clerks . I'$r"'
C2. SCOPE OF SERVICES REQUIREMENTS. Firms are to submit qualifications for each category, if
applicable, and shall not be limited to one (1) category "F.i. ..1. AREAS OF SPECIALIZATION / BUILDINGTMDES:
This RFQ seeks proposals from firms-mploying staff with qualifications in the following
building trade specialized areas. Firms must agree to have
ln iewers/Clerks available in all
n one week of a for such
beino mad6
Building ln$pctbi'=*ffi$e$tate of Florida Certification & Certification by the Miami-
Dade County B0$fl,,0f Rules and Appeals (BORA);
Building PIans Effiiner with the State of Florida Certification & Certification for the
lvlirypi.Dade Countf Board of Rules and Appeals (BORA);
Electrienl lnspector with the State of Florida Certification & Certification by the Miami-
Dade G-dUnty Board of Rules and Appeals (BORA);
Electrjial Plans Examiner with the State of Florida Certification & Certification by the
M-iami-Dade County Board of Rules and Appeals (BORA) Certification;
Mechanical lnspector with the State of Florida Certification & Certification by the Miami-
Dade County Board of Rules and Appeals (BORA);
Mechanical Plans Examiner with the State of Florida Certification & Certification by the
Miami-Dade County Board of Rules and Appeals (BORA);
Plumbing lnspector with the State of Florida Certification & Certification by the Miami-
Dade County Board of Rules and Appeals (BORA);
RFQ 2014-237-JR 26
57
. Plumbing Plans Examiner with the State of Florida Certification & Certification by the
Miami-Dade County Board of Rules and Appeals (BORA);
. Roofing lnspector with the State of Florida Certification & Certification by the Miami-Dade
County Board of Rules and Appeals (BORA);
. Structural Plans Examiner with the State of Florida Registration a Professional Engineer
(PE) in the Structural discipline & Certification by the Miami-Dade County Board of Rules
and Appeals (BORA);
. Zoning lnspector/PIan Reviewers with a minimum of two (2) years' experience of similar
work in other jurisdiction in the State of Florida or experience as d.e$ appropriate.
. Permit Clerks: with a minimum of two (2) years' experience..q. P i! Clerk in another
jurisdiction in the State of Florida or experience as deemed appfupriate, and.g' High School
Degree' .= i t'':
TASKS:
}.::=;.:;;.;;. "f,illlillr. Conduct technical field inspections of buildings, eQuip-.,,megt's ahd installations during various
phases of plumbing construction, installation and opera$ol and grant inspection approvals,
if found in compliance with applicable codes and regula@, and provide written comments,
if found not in compliance with applicable codes and regulatiohs.
. Review plumbing, electrical or mechanical installation plans, specifications and materials
listed for residential and commercial projects, and grant approvals, if found in compliance
with applicable codes and regulations, and provide written comments, if found not in
compliance with applicable codes and regulations.
:. Evaluate alternate iffi,Fthodr, procedures, materials and products for compliance with the
Florida e.@dhg Cod_e requirements, whichever is applicable, depending on the date of the
a p p I i c atiO n CI(, :C19p s t$elio*'===5
". Approve and dis5ii$rov"e=proposed plans in accordance with the applicable Code and other
regulatory requiremdntb and discuss disapproved items with architects, engineers,
contractors and/or oWner builders to obtain plan changes necessary for approval.
. Render information concerning the applicable Code and make interpretations of its contents.
Make decisions as to the feasibility of deviations from the Codes under various conditions.
. Perform related work as required by the Building Department
POWERS AND DUTIES
All lnspectors/Examiners/Reviewers/Clerks proposed for service in response to this RFQ must
meet all requirements for their specialties established by the Miami-Dade County Code of
Ordinances, Chapter 8, Article ll, where applicable, and have been certified by the Miami-Dade
County Board of Rules of Appeals (BORA), where applicable,
RFA 2014-237-)R a7L/
58
4. SUBMITTAL QUALIFICATIONS REQUIREMENT
ALL FIRMS THAT SUBMIT A PROPOSAL FOR CONSIDERATION MUST MEET THE
SUBMITTAL QUALIFICATIONS REQUIREMENT AS PROVIDED BELOW. IF THE
MINIMUM QUALIFICATIONS ARE NOT MET, THE CONSULTANT'S SUBMITTAL WILL BE
DEEMED NON.RESPONSIVE. QUALIFICATIONS WILL BE CONSIDERED ONLY FROM
CONSULTANTS THAT ARE REGULARLY ENGAGED IN THE BUSINESS OF PROVID]NG
THE PROFESSIONAL SPECIALIZATION SERVICES AS DESCRIBED IN THIS RFQ TO
OTHER MUNICIPALITIES.
A. Proposinq Firm's Experience: ,i,,,-Ni "fia. lndicate the Proposer's number of years of experience in providifi requested
professional building trade specialization services. This experience shodfE$,"include at
least FIVE (5) years with governments in Miami-Dade County;
'.
t.o List all projects undertaken in the past FIVE-(S) years, describe the scope of each
prolect in physical terms and by cost, describe the respondent's responsibilities, and
provide the name and contact telephone numbei of an individual in a position of
responsibility who can attest to respondent's activities in relation to the project. An SF
330 can suffice this requesl
. Provide the name(s) of tnefurson, -wiSin your organization who was most actively
concerned with managing eacllpro;eC[
''iilt.. List and describe all legal claiml qgainst any member of the team alleging errors
and/or oLqrissions, or any breach of'professional ethics, including those settled out of
court, duling inJhe past ten (10) years.
B. I ns pectors/Exafniners/Reviewers/C Ierks Experi ence :
=. Provide a comprehensive summary of the experience and qualifications of the
eHhminers and permit clerks. lnclude a list of lnspectors/Examiners/Reviewers that will
.,.,. bd,ilhade available to the City in response to this RFQ. These individuals must have a== mii;lmum of (5) five years' experience in their designated professional building trade'-l. sp6Cialization, Building, Electrical, Mechanical, etc,, with the exception of Permit='fferks, who require two years of experience. An SF 330 can suffice this request.
,lf. All personnel proposed in this RFQ must meet the Minimum Qualifications in
accordance with the Florida Statutes and the Code of Miami-Dade County. The
Minimum Qualifications of the personnel assigned to the tasks to be performed under
this RFQ are as provided earlier in this section.
RFA 2014-237-)R 2B
59
C. Previous Similar Projects:
Please provide a list of a minimum of five (5) projects which demonstrate the individual(s)
experience in providing the services under each professional building trade specialty
category for Municipal Miami-Dade County government. Please provide the following
information for each sample project. An SF 330 can suffice this request.
o Clients name, address, phone number, fax and/or e-Mail address,. Description of the scope of the work, =o Month and Year the pro.lect was started and completed.
,, .
= ..
D, Private Providers s::
Teams selected under this RFQ will not be€b pe m Private Provider lnspections
and Plans Review for private clients for the duration,.+-,f$e contract with the City of Miami
Beach. Please provide a statement that the Responde-r understands and accepts that
provision and either does not provide Private Provider seRj$ in the City of Miami Beach
or will divest itself of all such services at the time it is selected.
Rr-Q 2014-23/)R 29
60
APPENDIX D
& &A{AAAImref,Mg , Y t{f \f Y tl &de*f \\.d$ H
Speciol Conditions
==IFQ 201\t237 -JR
Plons Revi=eff;{l.nspections ond Permit Cterk. - ==-9..;=_=-$rvices
DEPARTMENT OF PROCUREMENT MANAGEMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
Rt-Q 20 t4-234R 30
61
1. TERM OF CONTRAGT. The term of the contract shall be for THREE (3) years
2. OPTIONS TO RENEW. Two (2) one (1) year options to renew upon written mutual agreement.
3. PRICES. All prices shall be negotiated with the selected PROPOSER(s).
4. ADDITIONAL FIRMS. The City may award a minimum of two (2) Firm's, capable of providing all
trades services as requested in Appendix C, sub-section C.2 of the RFQ. ln the event that there is only
one (1) qualified Firm, the City will award and negotiate with the available Firm, Howeve.p e City reserves
the right to select additional Firm's in the event: 1) the contract awarded Firm is uhabldto provide the
inspectors/examiners/reviewers/clerks needed; 2) it is deemed to be in the best intere$pl the City.
5. EXAMINATION OF FACILITIES. lntentionally omitted. ==
6. INDEMN|F|CAT|ON. lntentionally omitted, , sit=
7. PERFORMANGE BOND. lntentionally omitted.
I
8. REQUIRED CERTIFICATTONS. lntentionally omitted.
i
9. SHIPPING TERMS. lntentionally omitted.
1 0. D ELIVERY REQU I REM E NTS. I ntentional$ omitte-d.'-- ...,,.,=r::.
lllflm::s
11. WARRANil REQUIREMENTS. lntentiona'fly qltted, 'ffi
'=
12. BACKGROUND CHECKS. Intentionally o ill$r:,,,
RFA 2014-237)R .1 I
62
APPENDIX E
ffi$eAArffiffi&ffN
-,o'N\ ,,.,:.]:j.-,-
I nsuro nce Req uif6ments
Plons
5$*fQ 2014-237-JR
Rev,,.,ffictions ond== Tervices
._,,,i.::1:;::1,/:v
li
Permit Clerk
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
RFQ 2014-237-JR
63
&.=&A$,q&AI mm&ffiM
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES
The provider shall furnish to Department of Procurement, City of Miami Beach, 1700 Conventign Center Drive, 3d
Floor, Miami Beach, Florida 33139, Ceftificate(s) of lnsurance which indicate that insurance"toverage has been
obtained which meets the requirements as outlined below:
A. Worker's Compensation lnsurance for all employees of the vendor as required by Florida Statute 440.
B. Commercial General Liability on a comprehensive basis in an amount not less than $500,000 combined
single limit per occurrence for bodily injury and property damage. City of Miami Beach must be
shown as an additional insured with respect to this coverage, A waiver of subrogation in favor
of the City must be included.
_.,,*p0," \
C. Automobile Liability lnsurance covering all owned, non-ogillH"ffiand hi vehicles used in connection
with the work, in an amount not less than $500,000 combin6ti single limit per occurrence for bodily
injury and property damage.
D. Professional Liability lnsurance in an amount not less than $1,000,000 with fhe deductible per claim, if
any, not to exceed 10% of the limit of liability-
The insurance coverage required shall include those Classifications, as listed in standard liability insurance manuals,
whichmostnearlyreflecttheoperationsofthevendor.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualiflcations:
The company must be f&t#Jo less than "8" aS to management, and no less than "Class V" as to
financial strength, by th -le edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division.
The company must hold.ra italid fbrida Certificate of Authority as shown in the latest "List of All
lnsuranc-e Companies Authoiidd$ 6r Approved to Do Business in Florida" issued by the State of Florida
Oepartffiiiiil:pf,fnsurance anO aie members of the Florida Guaranty Fund.
Certifffis will indica"E no modification or change in insurance shall be made without thirty (30) days in advance
no(ffifl
fihe 9ertifi
cate nW,
C ERTI FlCffi;,$,tlO LDERfl UST READ :
CIW OF.MIAMI BEACH
1 7(}O'gONVENTION CENTER DRIVE
3d F"abOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this
section or under any other section of this agreement.
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to
the limits and provisions of Florida Statute 768.28, the Florida Gonstitution, and any other applicable
Statutes.
64
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) For Auditing Services
To Examine The City's Basic Financial Statements lncluded ln The City's Comprehensive Annual Financial
Report (CAFR), Federal Grant Programs And State Projects (OMB A-133 Single Audit), And The Financial
Statements Of The Miami Beach Redevelopment Agency (RDA), The Parking Systems Fund (PSF), The
Miami Beach Visitor And Convention Authority (VCA), The Miami Beach Convention Center, The Jackie
Gleason Theater Of The Performing Arts, The Building Better Communities Bond Program (BBC), The
Children Trust Grant Prooram (Ct). And The Safe Neiohborhood Parks And Bond SNP).
Key lntended Outcome Supported:
Data Environmental
Item Summarv/Recommendation :
The City of Miami Beach (the City) is required to have an annual audit in accordance with Florida Statute
218.39 performed on the City's Comprehensive Annual Financial Report (CAFR). Other audits are required to
be performed in accordance with the U.S. Office of Management and Budget (OMB) Circulars, Bonded Debt
Covenants, Performance Management and/ or Grant Agreements. Each audit herein must be conducted by
an independent audit firm. The City is seeking a five-year contract proposalwith one (1) five-year option to
renew period. The City's current auditor is McGladrey & Pullen, LLP. McGladrey & Pullen, LLP has provided
auditing services for the City since 2006.
Generally the audit committee would establish factors to use for the evaluation of audit services to be
provided by a certified public accounting firm" However, given that the audit committee has not yet had an
opportunity to review the evaluation factors, we are requesting that the Commission approve the RFP and
authorize its issuance subject to the review and concurrence of the audit committee and delegate authority to
the Manager to issue the RFP if there are no substantive changes recommended.
Pursuant to the Florida Statute 218.39, the City is required to procure auditing services to examine the City's
Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR), Federal
grant programs and State projects (OMB A-133 Single Audit), the financial statements of the following: Miami
Beach Redevelopment Agency's (RDA), the Parking Systems Fund's (PSF), the Miami Beach Visitor and
Convention Authority's (VCA), the Miami Beach Convention Center (MBCC), as managed by Global Spectrum
(GS), the Safe Neighborhood Parks and Bond Program (SNP), Children's Trust (CT) and Building Better
Communities (BBC).
ln order to seek proposals from qualified firms interested in providing the requirement services to the City, the
Administration is recommending the City Commission approve the issuance of Request for Proposals (RFP)
2014-276-LR for Auditing Services. For further details on the scope of services required, refer to Section
0300, RFP 2014-276-LR for Auditing Services (attached).
RECOMMENDAT!ON
the lssuance of the RFP
Financial I nformation:
01 1 -931 0-00031 2
1 68-1 985-00031 2
480-0461 -00031 2
1 60-4300-00031 2
Alex Denis, ext. 7490 or Patricia Walker, ext. 6461
Clerk's Office
T:\AGENDA\201 ent\RFP 2014-276-t SUMMARY.doc
Agenda ltem
Date
c2g'\3-l((B nnIAMIBEACH
Auditing
65
Commission Memorandum - RFQ # 2O14-276-SW Auditing Services
July 23,2014
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive. Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Philip Levine and Members the City mtsslon
Jimmy L. Morales, City Manager
July 23,2Q14
SUBJECT: REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A
REQUEST FOR PROPOSALS (RFp) FOR AUDITING SERVTCES TO
EXAMINE THE CITY'S BASIC FINANCIAL STATEMENTS INCLUDED IN
THE CrTY',S COMPREHENSTVE ANNUAL FINANC|AL REPORT (CAFR),
FEDERAL GRANT PROGRAMS AND STATE PROJECTS (OMB A-133
SINGLE AUDIT), AND THE FINANCIAL STATEMENTS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), THE PARKING SYSTEMS
FUND (PSF), THE MrAMr BEACH VISITOR AND CONVENTTON
AUTHORITY (VCA), THE MtAMt BEACH CONVENTTON CENTER, THE
JACKIE GLEASON THEATER OF THE PERFORMING ARTS, THE
BUILDING BETTER COMMUNTTTES BOND PROGRAM (BBC), THE
CHILDREN TRUST GRANT PROGRAM (CT), AND THE SAFE
NEIGHBORHOOD PARKS AND BOND PROGRAM (SNp).
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
KEY INTENDED OUTCOME SUPPORTED
lmprove the City's overallfinancial health and maintain overall bond rating.
BACKGROUND
The City of Miami Beach (the City) is required to have an annual audit in accordance
with Florida Statute 218.39 performed on the City's Comprehensive Annual Financial
Report (CAFR). Other audits are required to be performed in accordance with the U.S.
Office of Management and Budget (OMB) Circulars, Bonded Debt Covenants,
Performance Management and/ or Grant Agreements. Each audit herein must be
conducted by an independent audit firm.
The City is seeking a five-year contract proposal with one (1) five-year option to renew
period,
The City's current auditor is McGladrey & Pullen, LLP. McGladrey & Pullen, LLP has
provided auditing services for the City since 2006.
Generally the audit committee would'establish factors to use for the evaluation of audit
services to be provided by a certified public accounting firm. However, given that the
audit committee has not yet had an opportunity to review the evaluation factors, we are
requesting that the Commission approve the RFP and authorize its issuance subject to
the review and concurrence of the audit committee and delegate authority to the
Manager to issue the RFP if there are no substantive changes recommended.
66
City Commissioner Memorandum - RFP 2014-276-SW Auditing Services
July 23,2014
SCOPE OF SERVICES
Pursuant to the Florida Statute 218.39, the City is required to procure auditing services
to examine the City's Basic Financial Statements included in the City's Comprehensive
Annual Financial Report (CAFR), Federal grant programs and State projects (OMB A-
133 Single Audit), the Miami Beach Redevelopment Agency's (RDA) financial
statements, the Parking Systems Fund's (PSF) financial statement, the Miami Beach
Visitor and Convention Authority's (VCA) financial statement, the Miami Beach
Convention Center (MBCC), as managed by Global Spectrum (GS), financial
statements, the Safe Neighborhood Parks and Bond Program (SNP), Children Trust
(CT) and Building Better Communities (BBC).
There are ten (10) services which are required as part of this request. AII services must
be included in the proposal in order for it to be considered. The services and scope of
services are as follows:
1. CAFR - The auditor will prepare and issue an auditor's opinion and conduct an
audit of the City's CAFR in accordance with Generally Accepted Auditing
Standards (GAAS) and the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Controller General of the United
States. The examination must be made in accordance with the guidelines
prepared by the Governmental Finance Officers Association (GFOA) in order for
the City to apply for the Certificate of Achievement for Excellence in Financial
Reporting. On an annual basis, the City will prepare the CAFR for auditing. The
auditors will provide guidance with the implementation of Governmental
Accounting Standard Board (GASB) statements as necessary.
The audit firm shall issue an audit opinion to the City no later than 180 days
following the fiscal year end.
2. OMB A-133 Single Audits - The auditor must perform an audit in accordance
with auditing standards generally accepted in the United States of America; the
standards applicable to financial audits contained in Government Auditing
Sfandards, issued by the Comptroller General of the United States; and OMB
Circular A-133, Audits of Sfafes, Local Governments, and Non-Profit
Organizations. The auditor must issue an lndependent Auditors' Report on
lnternal Control over Financial Reporting and on Compliance, lndependent
Auditors' Report on Compliance and lnternal Control over Compliance Applicable
to Each Major Federal Program and State Project, and Schedule of Findings and
Questioned Costs. The City will prepare the Schedule of Expenditure of Federal
Awards and State Financial Assistance.
The audit firm shall issue the single audit report and data collections form to the
City no later than 180 days following the fiscal year end.
3. Management Letter in Accordance with the Rules of the Auditor General ol
the State of Florida - The auditor firm shall issue a management letter to the
City no later than 180 days following the fiscal year end.
4" RDA - The City issues stand-alone basic financial statements for the RDA, a
blended component unit of the City. The auditor will prepare and issue an
auditor's opinion and conduct an audit of the RDA basic financial statements in
accordance with Generally Accepted Auditing Standards (GAAS) and the
standards applicable to financial audits contained in Government Auditing
Sfandards, issued by the Controller General of the United States.
Page 2 of 4
67
City Commissioner Memorandum - RFP 2014-276-SW Auditing Services
July 23,2014
The financial statements, footnotes and schedules are to be prepared by the
auditor. The audit firm shall issue the RDA basic financial statements to the City
no later than 180 days following the fiscal year end.
5. PSF- The City issues stand-alone financial statements for the PSF, a major
enterprise fund of the City. The auditor will prepare and issue an auditor's opinion
and conduct an audit of the PSF financial statements in accordance with
Generally Accepted Auditing Standards (GAAS) and the standards applicable to
financial audits contained in Government Auditing Standards, issued by the
Controller General of the United States.
The financial statements, footnotes and schedules are to be prepared by the
auditor. The audit firm shall issue the PSF basic financial statements to the City
no later than 150 days following the fiscal year end.
VCA- The City issues stand-alone basic financial statements for the VCA, a
discretely presented component unit of the City. The auditor will prepare and
issue an auditor's opinion and conduct an audit of the VCA financial statements
in accordance with Generally Accepted Auditing Standards (GAAS) and the
standards applicable to financial audits contained in Government Auditing
Standards, issued by the Controller General of the United States.
The financial statements, footnotes and schedules are to be prepared by the
auditor. The audit firm shall issue the VCA basic financial statements to the City
no later than 90 days following the fiscal year end.
GS- The City issues special purpose financial statements for assets, liabilities,
revenues, and expenses of the Miami Beach Convention Center and Jackie
Gleason Theater of the Performing Arts, as managed by GS. The auditor will
prepare and issue an auditor's opinion and conduct an audit of the GS assets,
liabilities, revenues and expenses in accordance with Generally Accepted
Auditing Standards (GAAS) and the standards applicable to financial audits
contained in Government Auditing Standards, issued by the Controller General of
the United States.
The financial statements, footnotes and schedules are to be prepared by the
auditor. The audit firm shall issue the SMG special purpose financial statements
to the City no later than 90 days following the fiscal year end.
SNP- The SNP governing Miami-Dade County ordinance No. 96-115 requires
that an annual independent audit of all bond funds be conducted. The auditor
will conduct an audit in compliance with the grant agreement, SNP ordinance No.
96-1 15, applicable resolution and the SNP Administrative Rules.
The audit report, notes and schedules are to be prepared by the auditor. The
audit firm shall issue the SNB to the City no later than 90 days following the fiscal
year end.
CT - The City receives funds from the Children's Trust Fund Program and the
Children's Trust requires an audit in accordance with the Children's Trust
Contractual Agreements, AU-C 935 and Statement on Auditing Standards No.
117.
6.
7.
8.
9.
Page 3 of 4
68
City Commissioner Memorandum - RFP 2014-276-SW Auditing Services
July 23,2014
The audit report, notes and schedules are to be prepared by the auditor. The
audit firm shall issue the CT to the City no later than 90 days following the fiscal
year end.
10. BBC - The City receives funds from Miami-Dade County for the Building Better
Communities Bond Project and the Building Better Communities Bond Project
requires an audit in accordance with Miami-Dade County Ordinance 05-47,
applicable resolutions, and Building Better Communities Administration Rule.
The audit report, notes and schedules are to be prepared by the auditor. The
audit firm shall issue the SNB to the City no later than 90 days following the fiscal
year end.
ln order to seek proposals from qualified firms interested in providing the requirement
services to the City, the Administration is recommending the City Commission approve
the issuance of Request for Proposals (RFP) 2014-276-LR for Auditing Services.
OTHER RFP REQU!REMENTS
o MINIMUM QUALIFICATIONS. Please Reference, Appendlx C, RFP 2014-276-
LR for Auditing Services (attached).
. SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFP 2014-
276-LRfor Auditing Services (attached).
o CRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2014-276-
LR for Auditing Services (attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance
of the RFP 2014-276-LR for Auditing Services.
ATTACHMENTS
RFP 201 4-276-LRfor Auditing Services
JLM/MT/PDWAD
T:\AGENDA\2014\July 23\Procurement\RFP lssuance Auditing Services MEMO.doc
Page 4of 4
69
MIAMIBEACH
OFFICE OF THE CIIY Iv{ANAGER
No. Lrc # 3e3-Jotcl
fi il {: l:: l\,'l'; ['l
20lq iUL "3 tltl g: 03
Cl-i Y (lL,-.iri i; iilrl'l[:I
TO COMMISSION
TO:
LEITER
Mayor Philip Levine and Members Commission
FROM: Jimmy L. Morales, City Manager
DATE:July 1,2014
SUBJECT: Audit Committee
We need to issue an RFP for Audit Services and sought the guidance of the City
Attorney as to the requirement of an audit committee pursuant to FS 218.391. Contrary
to past practice, the City Attorney has opined that an audit committee must be
established to select the external auditor for the City.
Therefore, I am requesting that the Mayor and each Commissioner plan to nominate a
member for the audit committee at the July 23 Commission meeting,
The primary purpose of an audit committee is to assist the governing body in selecting
an auditor to conduct the annual financial audit required in FS 218.39; howev6r, the
audit committee may serve other audit oversight purposes as determined by the entity's
governing body. Under FS 218.391 the Audit Committee shall:
1 - Establish factors to use for the evaluation of audit services to be provided by a
certified public accounting firm;
2 - Evaluate proposals provided by qualified firms;
3 - Rank and recommend in order of preference no fewer than three firms deemed to
be the most highly qualified to perform the required services.
The GFOA Recommended Practice for Audit Committees is that ideally, all members of
the committee possess or obtain a basic understanding of governmental financial
reporting and auditing. The audit committee also should have access to the services of
at least one flnancial expert, either a committee member or an outside party engaged by
the committee for this purpose. Such a financial expert should through both education
and experience, and in a manner specifically relevant to the government sector,
possess 1) an understanding of generally accepted accounting principles and financial
statements; 2) experience in preparing or auditing financial statements of comparable
entities; 3) experience in applying such principles in connection with the accountlng for
estimates, accruals, and reserves; 4) experience with internal accounting controls; and
5) an understanding of audit committee functions.
Please contact me if you have any questions.
JLM/PNri/ \
*, -..@o provir)lng excellent publtc servlce ond salety to all who live, wo*, ond ploy in our vibront, trophal, historic comntunily.
70
REQUEST FOR PROPOSALS (RFP)
FOR AUDITING SERVICES TO EXAMINE THE CITY'S BASIC FINANCIAL STATEMENTS
INCLUDED IN THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FEDERAL
GRANT PROGRAMS AND STATE PROJECTS (OMB A-'r33 STNGLE AUDTT), AND THE
FINANCIAL STATEMENTS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), THE
PARKING SYSTEMS FUND (PSF), THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY
(vcA), THE MrAMr BEACH CONVENTTON CENTER, THE JACKTE@ASON THEATER OF THE
PERFORMTNG ARTS, THE BU|LDTNG BETTER COMMUNnTS'@ND PROGRAM (BBC), THE
CHILDREN'S TRUST GRANT PROGRAM (CT), AND THE QAfiET'NEIG PORHOOD PARKS AND
,,BOND PROGRAM (SNP).
RFP 20 1 4-27 6-LR
":{:'.
,{i:t:i$
RFP ISSUANCE, DAJE JULY' 24, 201 4
t*o=-ls:LS DUE: AU9,:,H; r 25,2014 @ 3:00 PM
rssuEEtiiv; Lourdes ndaiigr"= :
# AAIAMIBEACH
Lourdes Rod ri guez,&nior Procu rement Specialist
DEPARTMENT OF PROCUREMENT MANAGEMENT
17OO Convention Center Drive, Miomi Beoch, FL 33.l39
305.673.7000 x6652 | Fox: 786.394.4075 | www.miomibeochfl.gov
71
@ fuiIAAAIBHACr{
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTtlr zED ......."" ;
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ....,..........3
0300 pRoposAl suBMrrrAl TNSTRUCTToNS & FoRMAT...............:ii..........................10t:l
0400 PROPOSAL EVALUATION ....... ........,ii,,,,;: ............13
APPENDICES:PAGE
,ai%
RFP 2014-276-LR Auditing Services
72
,h AAIAMiSTACH
SECTION (}2O(} INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, qE ditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]')if-th RFP results in an award.
.:::::= 'rl':::::
The City utilizes PublicPurchase (www.publicpurchase.com) for automatiC no ation of competitive solicitation
opportunities and document fulfillment, including the issuance ofgny dend@to this RFP. Any prospective
Proposer who has received this RFP by any means other than th{.ffi_,,h PublicPurcfiasC must register immediately
with PublicPurchase to assure it receives any addendum issudffthis RFP. FailuretO:.ieceive an addendum
may result in disqualification of proposalsubmifted.
2. PURPOSE.
The City of Miami Beach (the City) is required to have an 6nq!=$hl. auffWtformed on the City's Comprehensive
Annual Financial Report (CAFR) in accordance with Florida Stat 18.39. Other audits are required to be
conducted in accordance with the U.S. Off,ne ofJanagement arrd Budget (OMB) Circulars, Bonded Debt
Covenants, Performance Management and/oit'Grant$reements, E#h'audit herein must be conducted by an
Pursuant to the above requirern#;:Jtrelity is required to procure *Citing services to examine the City's Basic
Financial Statements includ€. 1fif==.€jfu's Comprehensive Annual Financial Report (CAFR), Federal grant
independent audit firm.
Redevelopment Agen€5[[FDA) , the Systems'Fund's (PSF) , the Miami Beach Visitor and Convention
Authority's (VCA), the Ml$liifr-i. Beach
Neighborhood Parks and
nlenter (MBCC), as managed by Global Spectrum (GS), the Safe
i-t-ffi.ite.rle,nTruSt (C1 and Building Better Communities (BBC).
,tentative schedule for this solicitation is as follows:
" '1 =i@*BFP lssued-r; fr\,July 24,2014
P re- P ro p o'56lF;l!!e e t i n g August 4,2014 at 10 a.m,
Deadline for ReCeipt of Questions August 18,2014
Responses Due August 25,2014 @ 3:00p.m.
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
September
Contract Negotiations Following Commission Approval
RFP 2014-276-lR Auditing Services
73
E A,TIAMIBTACr{
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl.gov;or facsimile: 786-394-4188. The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days
prior to the date proposals are due as scheduled in Section 0200-3, All responses to questions/clarifications will be
sent to all prospective Proposers in the form of an addendum,
Procurement Contact:
Lourdes Rodriguez
these steps:
Telephone:
(305)673-7000 x 6652
Email:
lou rdesrod rig uez@m iam ibeachfl . gov
".$ft5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessaryt$t$dCity, a pre-proposal meeting or
site visit(s) may be scheduled. etf
,l.iiiiryT .ls
A Pre-PROPOSAL conference will be held as scheduled in Solicitation Tifrtdline ab'ti$.E the following address:
City of Miami Beach '.-
City Hatl - 4tn Floor
City Manager's Large Conference Room '',.+...,,,,,..,,,,-
l,ffil;:::il3,ffitH" ,i= \
Attendance (in person or via telephone) is encouraged and recomr,nendOd as a source of information, but is not
mandatory. Proposers interested in participating_in__the Pre-Proposai Submission Meeting via telephone must follow
(1) Dial the TELEPHONE NUMBER: 1- 888-270-993€ (Toll- N0.*h. America)
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFP expressing their intent to participate vta tblephon. ,lfu,
6. PRE-PROPOSAL INTERPRETATIONS; Oral informatic,ffiSr responses to questions received by prospective
willbewithoutldlaleffect,includinganyinformationreceivedatpre-
submittal m#tin$tr,t@ visit(s). On[F, questions answered by written addenda will be binding and may supersede
termffiin' th is solicital oldd m wi I I be released th ro u g h P ublicP u rch a se.
7. CONE SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until aW#. etO recommendatio[ has been fonvarded to the City Commission by the City Manager are under the
"Cone 6f;$lrf s Silence." The Cone of Silence ordinance is available at
http://library.muitlffie.com/index.a5px?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference'tq llts soliCitfi$pn wittr any City employee or City official is strictly prohibited with the of exception
communications with thffiPrccriiement Director, or his/her administrative staff responsible for administering the
procurement process for'tFii+solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
4
RFP 2014-276-lR Auditing Services
74
'D AAIAMI$TACh{
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http://web, miamibeachfl.qov/procurement/scroll.aspx?id=235 1 0
. CONE OF SILENCE....
o PROTEST PROCEDURES................................,......
e DEBARMENT PROCEEDINGS
o LOBBYIST REGISTMTION AND DISCLOSURE OF FEES. ... CAMPAIGN CONTRIBUTIONS BY VENDORS. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT
rssuES..,......... REQUTREMENT FOR CITY CONTRACTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS......
CITY CODE SECTION 2486
CITY CODE SECTION 2.371
CITY CODE SECTIONS 2-397 THROUGH 2-485.3
CITY CODE SECTIONS 2481 THROUGH 2.406
CITY CODE SECTION 2487
CITY CODE SECTION 2488
CITY CODE SECTION 2.373
o LlVlNGWAGEREQUIREMENT,.......... CITYCODESECTIONS240TTHROUGH2-410
. LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......... CITY CODE SECTION 2-372
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE-
DTSABLED VETEMN BUSTNESS ENTERPRTSES CTTYSO_q€$ECTTON 2-374 i
. FALSE CLAIMS 0RD|NANCE.... C,}lM1fipE SECTION 70-300
o ACCEPTANCE oF GIFTS, FAVORS & SERV|CES....
.,,iiil#trig0DE
SECTION 2449
.Zr) llll"lf,'
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF1IH. P.,PSALS. Thg$ty reseryes the right.i6 postpone the
deadline for submittal of proposals and will make a reasonab effon to giV$t least three (3) calendar days written
notice of any such postponement to all prospective Proposers through PublicPurchase.
10. PROTESTS. Protests concerning the spedifications:#quirements, and/or terms; or protests after the proposal
due date in accordance with City Code SectioR 24Tl hiih:establishes procedures for protested proposals and
proposed awards, Protests not submitted in a timely manner pursuq..p.t to th#t$ftuirements of City Code Section 2-
371 shall be barred. .t ]
.F.
11. MIAMI BEACH-BASEE::EFNDORS PEII,,,FERENCE; Piiisuant to City of Miami Beach Ordinance No. 2011-3747,
as amended, a five (5)pq ference wl,l= given to a re$ponsive and responsible Miami Beach-based Proposer.
"':::::::::::::,::,,= :ii:::::::.:.:.:=
12. VETERAN BUSINESS=EEERPBI$FFPEEf.EBH.trCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, as amexded, the City shqfi+gi$LLa:flve (S)-p-i t=$i,$, -rence to a responsive and responsible Proposer which is
a small business concern ownet',ap,f, controlled by a veteran(s) or which is a service-disabled veteran businessenterpr,i;d1 )"*.,,,
,,..'qllllf;r*k
. titr "4;ll$h:i
13. DETEEJvIINATION OF AWAED. The"fffial_ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposalffill be considered by*e City Matager who may recommend to the City Commission the Propose(s)
s/he deems to b6. in the best inteEst of the City or may recommend rejection of all proposals. The City Manage/s
recommendationleed not be con*tent with the scoring results identified herein and takes into consideration Miami
Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
RFP 20142761R Auditlng Services
75
,D MIA,\{iBTACH
The City Commission shall consider the City Manager's recommendation and may approve such recommendation,
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of
selection by the City Commission, negotiations between the City and the selected Propose(s) will take place to
arrive at a mutually acceptable Agreement.
14. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals
prior to award. Reasonable efforts will be made to either award the Contract or reject all proposals within one-
hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening.
15. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Prbposbr shall be solely responsible for
making any and all investigations, evaluations, and examinations, as,!t deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and -exafiinations, will not relievii*e Proposer from any
obligation to comply with every detail and with all provisions aiid requirements of the contract, and will not be
accepted as a basis for any subsequent claim whatsoever for any monp-"fA.1y consideration on e part of the
Proposer. t,i,*... :u
'q;li\:ii,r= ..:.:=.
16. COSTS INCURRED BY PROPOSERS. All expenses involved*Wjiffi preparation and submission of Proposals,
or any work performed in connection therewith, sh.al$e the sole rd$i}-'d,[lsibility (and shall be at the sole cost and
expense)oftheProposer,andshallnotbereimbursed.bytheCity.
17. RELATIONSHIP TO THE CITY. lt is the inteni'of,the City, iiO Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent Contractoi, and that neither the Proposer, nor the
Proposer's employees, agents,'-hd/or contractors, shall, under any circUmstances, be considered employees or
agents of the City.
18. TAXES. The City of Miami Beach
is
eiemOt frg111 all Federal Excise and State taxes,
19. MlSTA,KJS. ropo..,.q9rs are- ected to examine the terms, conditions, specifications, delivery schedules,
proposed,.@$, and allinstquctions pertaining to the goods and services relative to this RFP, Failure to do so will
oe affioser's risk aiiiihalrresult in the Proposal being non-responsive.
20. PAYMEU.I. Payment will be-@e by the City after the goods or services have been received, inspected, and
found to c0 with contract, specifications, free of damage or defect, and are properly invoiced, lnvoices must be
consistent withBrchrse Order t
,.i
21. PATENTS & ROYi-{}TIEST-? oser shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractoi5; and/or agents, from liability of any nature or kind, including cost and expenses for,
or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the City of Miami Beach, Florida. lf the Proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work.
22. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
RFP 2014-276-LR Auditing Services
76
AAiAM}BIAC}-{
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations, Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract, jiil,u
Where contractor is required to enter or go on to City of Miami Beach property to detiVer materials or perform work or
services as a result of any contract resulting from this solicitation, the contractoi will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insura nd"assure all work complies with all
applicable laws, The contractor shall be liable for any damages or los$to:the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for.ffure to comply with applicable laws.
23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from
Conditions shall have precedence.
Terms and
24. ANT!-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without i@ard to race, color, retigion, sex or national origin.
25. DEMONSTRATION OF COMPETENCY. ''.,. '
,,,,t,t,,,
A. Pre-award inspection of the Proposer's facitity may be -adepriorlo the award of contract.
B. Proposals will only be considered from firms which aie iegularlt engaged in the business of providing the
goods and/or services as described in this solicitatio_n
C. Proposers must be able to demonstrate a goodfurd of performance for a reasonable period of time, and
have sufficient finanCial capacity, equipment, and orgj'{nization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well esQplt$hd.eeompany in line with the best business practices in the industry, and as determined by the City
of Miaqii Beach. kE.* ity may conslddi any evidence available regarding the financial, technical, and other qualifications and
,iffiffiiHs of a Proposer, inCluding past performance (experience), in making an award that is in the best interest of
the City,
_
F. The G.iff.nrnay require Propbslt s to show proof that they have been designated as authorized representatives
of a manffiurer or supplier,ffih is the actual source of supply. ln these instances, the City may also require
material infoft$tion from thdlbource of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City.
.:::::.:=.: rll
26. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenruise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
27. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
28. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government
RFP 2014-276-LR Auditing Services
77
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
29. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
30. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; the ,l
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
D. The Proposer's proposal in response to the solicitation.
31. INDEMNIFICATION. The contractor shall indemnify anqJ.0-,ffirmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losse$"oildamages, including attorney's fees and costs of
defense, which the City or its officers, employees, agentrlr instrumenta.,,! s may incur as a result of claims,
demands, suits, causes of actions or proceedings of any ki nlnature arising tiut of, relating to or resulting from the
performance of the agreement by the contractor or its employeesr agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of tfte City, where applicable, including appellate
proceedings, and shall pay all costs, judgment$, and attorney's fees whidh may be incurred thereon, The contractor
expressly understands and agrees that any insurance protection required bi"this Agreement or otherwise provided
by the contractor shall in no way limit the responsihility to indemhify, keep and save harmless and defend the City or
its officers, employees, agents andrinstrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or terminatioh of this Agreement. ,
b MIAMIBTACH
32. CONTRACT , The City reserves the ri$ht to require the Contractor to extend contract past the
stated termination dateTff$h period of ut.i!o j^2! days in the event that a subsequent contract has not yet been
awarded. Additional extensibns past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
,,
33. FLORIDA PUBLIC RECORDS LAIr-lf:-Proposers are hereby notified that all Bid including, without limitation, any
ubtedtherewith,areexemptfrompublicrecoidsrequirementsunder
Section 119.07(1), Florida Statutes, and s. I4{Q, Art..1 of the State Constitution until such time as the City provides
notice of ah, lntended decision oi until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) lteep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perfoim the Services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as othenrvise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements, All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
RFP 2014276-lR Auditing Services
78
&AAIAAAiRTATLII V \in/ V I! l"-)L,n\*l I
34. MODIFICATIONfl/VITHDRAWALS OF PFOPOSALS. n proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award" Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
35. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
this RFP, and outline what, if any, alternative is being offered, All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may aceept or reject any
or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require
the Proposer to comply with the particular term and/or condition of the RFPIo which Proposer took exception to (as
said term and/or condition was originally set forth on the RFP).
36. ACCEPTANCE OF GIFTS. FAVORS, SERVICES. Proposers shail not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal, Pursuant to Sec. 2-449 of the City Code, no officeiinf employee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the discharg.eof his official duties.
BalanCe of Pise lntentionallv Left Blank
E
I
RFP 2014-276-LR Auditing Services
79
E AAiAAAISilACH
PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMATsEcTtoN 0300
1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10)
bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information
should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation
number, solieitation title, Proposer name, Proposer return address. Proposals received electronically, either through
email or facsimile, are not acceptable and will be rejected.
=2. LATE BIDS. Bid Proposals are to be received on or before the due date establi$hEd herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposalqpv-itt be considered late and not be
accepted or will be returned to Proposer unopened. The City doeq n =ffi[ responsibility for any delays,
natural or othenruise
.Llr''::
3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review proc65S@ assist the Evaluation
Committee in review of proposals, it is strongly recommended that proposals be oi$ ed and tabbed in
accordance with the sections and manner specified beloral, Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be taBb#_iand contain a
table of contents with page references. Proposals that do not:ihOlude the required information will 6'e deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications
1.1 Cover Letter and Table of Contents. The cover letter must indicate and Proposer Primary Contact for the purposes.$
1.2 Proposal Certification, QuestionnairetRequirement*,=*lfid-Vit (Appendii A). Attach Appendix A fully completed andexecuted. .= ", :
1.3 Minimum QualificationC,..Requirements."Submit verifiabHlr,information documenting compliance with the minimum
qualifications reouirements established in Aooendix C, Minimum Requirements and Specifications.
& Qualifications
2.'l Qualifi#ioiii'bf Pidit6$ingttirm. Submit detailed information regarding the firm's history and relevant experience and proven
; 'isd$F ,track rg.,p,,$,.!$ providing the sCffi"of services similar as identified in this solicitation, including experience in providing similar scope
of serV'i$ffii'to public sector agenffi!'g,,, for each project that the Proposer submits as evidence of similar experience, the following is
requiredlp._" ect description, agenciqa,me, agendy contact, contact telephone & email, and yea(s) and term of engagement.
% .[.v 'lii:..
1. Describe tlid': pondent's profes$ffial development program, including the approximate number of hours of continuing
education attendedffi,[.fre respondenlN $lso indicate the number of days of specialized training in governmental accounting and
auditing received Ortffi$tlnS last twflif.,e5rs of personnel to be assigned to this engagement. lndicate compliance with the State
Board of Accountancy rd$tliitsm.e.nt licable to audits of Florida local governments.
...:= ::::a,:a:a::.4::::.
2. Describe the participation Otth'e respondent in national or state, governmental or professional, accounting or auditing Boards or
Committees during the last three years.
3. Describe the respondent's quality control programs and procedures that ensure compliance with the respondent's professional
standards review and AICPA standards. lndicate whether the respondent is in the SEC Practice Section and/or the Private
Companies Practice Section of the Quality Control Program. lf the respondent answered positively to the preceding, attach a copy
of the last Peer Review received by the respondent.
I office for national firms) exoerience in accountino and auditino services to local
RFP 2014-276-LR Auditing Services ln
80
E AniAtulierAil[*{
governments.
5. Describe any litigation in excess of $100,000 filed against the respondent in the State of Florida over the last three years. Also
describe any terminations, suspensions, censures, reprimands, probations or similar actions against the respondent or any member
of the respondent's firm by the Florida State Board of Accountancy in the last three years,
6. The respondent will make a statement as to their independence with regard to the City.
7. Provide evidence that the firm(s) is a member of the American lnstitute of Certified Public Accountants and the Florida lnstitute of
Certified Public Accountants with the proposal submission package or within three (3) days upon request from the City.
8. Provide evidence that the assigned professional personnel of the firm(s) have received adequate continuing professional
education as stipulated by Government Auditing Standards issued by the Comptroller General of the United States with the proposal
submission package or within three (3) days upon request from the City.
9. The firm(s) must be independent of the City as defined by generally aggepted auditing standards and Government Auditing
Standards.
12.
13.
10. The firm(s) must submit a copy of the two (2) most recent external quality control review reports and letters of comment, along
with a statement indicating whether the reviews included a revid f specific gove-m-mental engagements with the proposal
submission package or within three (3) days upon request from the Ci{{:+. , ' ':?:
2.2 Qualifications of Proposer'iiam. List thehembers of the project team and specify the role that each team member will play
in providing the services detaild herein and eaeh'{6am members":(if*lifications. Provide a list of the personnel to be used on the
project and their qualifications,....,, rcsume inffiii+g.,e{ucation, exp€fuce, licenses and any other pertinent information shall be
included for each team membei,'inCluding.sub6ntractors tolhr sigii'ed to each project. These resumes should be, at minimum,
for the proposd,e $.!$.e111ent partner, lhe manager and the senioi auditor for this engagement. The resume should include the
ontinuingu,,F,r**,7*@iion=ffi 61 ffi|n&td ariiJitinganO other govemmental audit engagements that they have undertaken.
2.3 FirrihclSi Capacig. each Pifi$riser shall anange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly
to the Pio'erirement Contact named fieiein, ttlo il6@:al will be considered without receipt, by the City, of the SQR directly from Dun
& Bradst6di=he cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the
SQR report from D&B at: i
"J
Proposers are responsiffilf f t-h@curacy of the information contained in its SQR. lt is highly recommended that each
Proposer review the information contained in the SQR for accuracy prior to submittal to the City and as early as possible
in the solicitation process. For assistance with any portion of the SQR submittal process contact Dun & Bradstreet at 800'
424-2495.
RFP 2014-276'LR Auditing Services
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81
of Services
Submit detailed information outlining the scope of services that the proposer is proposing. For any scope requirement identified in
Appendix C, Minimum Requirements and Specifications, proposer is to clearly articulate how the proposed solution satisfies the
scope requirement. Proposers may offer complementary or related services or solutions beyond the stated scope requirements.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation
Committee to complete a fullv review and score the orooosed scooe of services.
Note: After proposal submittal, the City reserves the"j
members or sub-consultants) to determine: qualifications (
b I r I ^ r r{ I hr A /\t !/V\IA/V\ISTI\LH
Remainder of Page k.!L1j!, nally Left Blank
reqUif$j$Udilj,o,nal infdinration from Proposers (or Proposer team
g, b'*ijiif li*lfbd,.,t,.gr, tigation history, regulatory action, or additional
1,!.,:.-r,}$"?,!,
jie'; i ewddlill$.ffi i n a n c i a l state m e n ts w i t h t h e a u d ito rs notesreferences); and financial capability (inaluding, but not li
for each of their last two complete fiscal years).
!i),i
and
Submit detailed information on how Proposer plans to accomplish the required scope of services,,,including detailed information, as
applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options, testing and risk
mitigation options for assuring project is implemented on time and within budget.
,-=,.,
Describe the respondent's approach to this audit engagement. This should include"?|4 mihimum the following:
1. Developmentoftheauditprogram. - ::, =2. Organization of the audit team and titles of team members and approximate amount of time each such class of member
will spend on the audit.
3. The names of the partner and manager that will be assigned to this engagement and the extent' heir involvement with
this engagement. Any substitution of these individuals must be approved by the Audit Committee prior to any change of
staffing.
4. The proposed schedule for the audit
5. Any anticipated use of internal audit staff or other Citv staff.
Cost
Submit a Cost Form
tl
RFP 20142761R Auditing Services
82
1. Audit Committee. Per Florida Statute 218.391 the Auditor selection procedures are to be followed as detailed
below:
(1) Each local governmental entity, district school board, charter school, or charter technical career center, prior to
entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shall use auditor
selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218,39.
(2) The governing body of a charter county, municipality, special district, distri ol board, charter school, or
charter technical career center shall establish an audit committee. Each non cha€-i county shall establish an audit
committee that, at a minimum, shall consist of each of the county officers elected gqrsuant to s. '1(d), Art. Vlll of the
sEcTloN 0400
(e)
g AAIAMiBTACrI
PROPOSAL EVALUATION
recommend..in ordoiof preference no'fewer than three firms deemed to be the most highly
State Constitution, or a designee, and one member of the board of .$$tnty ioffissioners or its designee. The
primary purpose of the audit committee is to assist the governing body ih$electing '-ii itor to conduct the annual
financial audit required in s.218.39; however, the audit committeHay serve otherdUlt*pversight purposes as
determined by the entity's governing body. The public shall not be eicluded from the proceedings under this section.
(3) The audit committee shall:
(a) Establish factors to use for the evaluation of auditBervices to be provided by a certified pUblic accounting
firm duly licensed under chapter 473 and qualified to conductadits in accordance with government auditing
standards as adopted by the Florida Boardof Accountancy. Siibh factors shall include, but are not limited to,
ability of personnel, experience, ability'to:ft'Fijsh the required:"Services, and such other factors as may be
determined by the committee to be apptieab.le Eits pg5ficular requirements.
(b) Publicly announce requests for propOsilQ. Publififfiirouncements must include, at a minimum, a brief
description of the audit and indicate how intOr$d firm+ tilpply-,.,for consideration.
(c) Provide interested firms with a request for,pBposaJ; The reQDH$l, for proposal shall include information on
how proposals are to be evaluated and such bther information the committee determines is necessary for
the firm to preparei'.a proposal. ,, I
.
(d) Evaluate proposals provided by qualified firms. lf compensation is one of the factors established
pursuant to parag@h (a), it shall'h'ot be the sole or prMominant factor used to evaluate proposals.
the requiied services after considering the factors established pursuant to paragraph (a).
than thtd resfund to the request for proposal, the committee shall recommend such firms as
to be the qualifred,
(4) The gUVe.{liing body shall inqui of qualified firms as to the basis of compensation, select one of the firms
recommehddd,.py the audit co[ tee, and negotiate a contract, using one of the following methods:
(a) tf iUffipg,nsation is no=t=Ene of the factors established pursuant to paragraph (3Xa) and not used to
evaluate fiFffiS+rsua*t [aragraph (3)(e), the governing body shall negotiate a contract with the firm
ranked first. lffu g-e= g body is unable to negotiate a satisfactory contract with that firm, negotiations
with that firm shdllb rmally terminated, and the governing body shall then undertake negotiations with the
second-ranked firm, Failing accord with the second-ranked firm, negotiations shall then be terminated with
that firm and undertaken with the third-ranked firm. Negotiations with the other ranked firms shall be
undertaken in the same manner. The governing body, in negotiating with firms, may reopen formal
negotiations with any one of the three top ranked firms, but it may not negotiate with more than one firm at a
time,
(b) lf compensation is one of the factors established pursuant to paragraph (3Xa) and used in the evaluation
RFP 20142761R Auditing Services
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83
ID AAIAAAiSf;AC}-{
of proposals pursuant to paragraph (3)(d), the governing body shall select the highest ranked qualified firm
or must document in its public records the reason for not selecting the highest-ranked qualified firm.
(c) The governing body may select a firm recommended by the audit committee and negotiate a contract
with one of the recommended firms using an appropriate alternative negotiation method for which
compensation is not the sole or predominant factor used to select the firm.
(d) ln negotiations with firms under this section, the governing body may allow a designee to conduct
negotiations on its behalf.
(5) The method used by the governing body to select a firm recommended by the.,,audit committee and negotiate a
contract with such firm must ensure that the agreed-upon compensation is reasonbble to satisfy the requirements of
,.,11:r,L**,,,, ,*
(6) lf the governing body is unable to negotiate a satisfactory contrad With at$l if,.$e recommended firms, the
committee shall recommend additional firms, and negotiations shall continue in accordance with this section until an
agreement is reached.
t..
(7) Every procurement of audit services shall be evidenced by a written contract embodffi all provisions and
conditions of the procurement of such services. For purposes of this section, an engagement lefter signed and
executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include thefollowing: ,.i,
(a) A provision specifying the services to be provided and fees or other compensation for such services.
(b) A provision requiring that invoiceF='.f6,F'f@s"or other compensation be submitted in sufficient detail to
demonstratecompliancewiththeterms,6fithe.G0ti*l,.,..
(c) A provision specifying the contract peri'' includiri$lifurggwals, and conditions under which the contract
may be terminated or renewed, j"
.
(8) Written contracts entered into pursuant to subsectio*..{l ,ry be renewed. Such renewals maybe done without
the use of the auditor selectj.on procedures provided in this section. Renewal of a contract shall be in writing.
:t:':::ilit:l 1'
2. Step 1 Evaluatio.p- The firsi'step will C6hsist of the quatitative criteria listed below to be considered by the Audit
Committee,liT;he;ise,@9 step wilt'consist of quantitative criteria established below to be added to the Audit
Committe iiilili'd$ults by'fte ,..p artmelt of Procurement Management. An Audit Committee, per Florida Statute
218.391;-i$ all meet to evaluate each Proposal in accordance with the qualifications criteria established below for
Step 1, Qualitative Criteria.. ln doing so, the Evaluation Committee, may:
o===='1 review and score alF+roposals received, with or without conducting interview sessions; or. =t:*v!ew all proposals received and short-list one or more Proposers to be further considered during
sub'ffi,!;,gt interview session(s) (using the same criteria),
Proposer ExBdfii ?nd Qualifications, including Financial Capability
Scope of Service5 Proposed
Approach and Methodology
30
10
RFP 2014-276-LR Auditing Services
14
84
b IV\IAMiBTACH
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows.
Cost Proposal
Miami Beach-Based Vendor Preference
Veterans Preference
4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
5. Determ
added to e
Sample Obiective Formula for Cost
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Fo--mUla r Ca|culating Pbihts
Jlgr..t cost / cost of proposal
.*ss$ffiFhg evaluated X maximum
gffiffiallowable points = awarded" points)
Round to
Total
Points
Awarded
=
Vendor A $100.00 30 ;r,s$100l.,i$ 100 X 30 = 30 30
Vendor B $150.00 .30 S 0SI'$150 X 30 = 20 20
Vendor C $200.00 30 ${s.0i4,$200X30=15 15
nination of Final Ranking. At the conclusion of the' il
each evaluation committee member's scoies bv the Deoai
1 scoring, Step 2
of Sby the D€parlment
ring, Step 2 Points will be
Management. Step 1 and
2 scores will be converted to rankings in accordance witfr the eiimple below:
ste
PsiEtS 82 76 80
;S.I9.F?
$P.s166,:j.22 15 12
.::::ryffiT6tal''-104 91 92
ijIj.;i ,.di-::=.Reak 3 :,.:;1 2,'.i$
ilffiii
:.ei#rr*ittee
. .Member I
*r.,,/rwjx$\ Step 1
Yliii\$iFoints 79 85 72
\i,S-.,fap z
F.hlrife 22 15 12
'f i*!tyi,?j!101 100 B4
i Rafif('l c 3
iS iil::::::::::::::,:,:l'jl ,:.,Com=.*=.i.ftee
::, ..::rMemb.€r::2:r
Step 1
Points 80 74 66
=' . Step2:.:11 Points 22 15 12
Total 102 89 78
i;,l l:r:i: i
7i]Reflk .+ft:
.L:.t:l1t!i.r :: !:::r- a:i:.::a:::.:::: rl :,: : z 3
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results.
RFP 20142761R Auditing Services
'I (
85
,D€MIAMIBEACH
7. Award of Contract. lt is anticipated that the Audit Committee (in accordance with Florida Statute 218.391) will
review these proposals and recommend a qualified accounting firm to the City Manager who will make a
recommendation to the City Commission. The City Commission will select the accounting firm to undertake the
engagement and authorize the City Manager or his desigree, to negotiate with the selected firm or firms for the
engagement.
RFP 201 4-276-LRAuditing Services
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86
APPENDIX A
g &A$AMI mff&ffi$s
P ro p o s o l C e rt i tl*--'-= o n,
R e q u ire m e dts*fti d o VT1
:1S.tt!:1'1,
RFP 20
FOR AUDITING SER\/ICES TO CITY'S BASIC FINANCIAT
auestion,El0ire &=,
STATEMENTS rNG,tUDEp rN TFI,H Cttff,,{s COEPREHENSIVE ANNUAT-;. * ,\r - ---:-
FTNANCTAT REPORT (CAFR1, reOrRAr GRnNr PROGRAMS AND STATE
PROJECTS._ (OMB A-I33 SINGtt AUDTT), AND THE FINANCIAT
STATEMENTS OF THE MrAMr BEACH REDEVETOPMENT AGENCY (RDA),
THE pARrcruo tEJvts'FUND (psr),'fHr MtArylt BEACH vtstroR AND
co.N==v,u$.D!JlpN AurffoRlrY (vcAliFHE MIAMI BEACH CONVENTION
GE|!TER; pr# $CKrE+rraSON THEATER OF THE PERFOR t^lNG ARTS,
THE BUIIDINQiiBJTTER,COrvlMUNtTtES BOND PROGRAM (BBC), THE
CfiILDREN'S TR[*9T GFANT PROGRAM (CT), AND THE SAFE!P
NII,GT{BORHOOD"PARKS AND BOND PROGRAM (SNp}.
t::::: , r v'v
"=-.,.i* ,.rlllH$ DEPARTMENT OF PROCUREMENT MANAGEMENT'"'''',,,,,=
-#. f '1700 Convention Center Drive'=;","tt:; Miomi Beoch, Florido 33139
.,?);l "
Rl-P 20 l4-2/6-LR Auditing Services 17
87
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to
inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary
information from Proposers in order that certain portions of responsiveness, respohsibility and other determining
factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and
Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
Solicitation No:
2014-176-SW
Solicitation Title:
AUDITING SERVICES
Procurement Contact:
Steven Williams
Tel:
305-673-7000, x 6650
Email:
Stevenwilliams@miamibeachfl .oov
1. General Proposer lnformation.
No of Yeas in Business No of Years in Business Locally: I No. of Employees
I
oTHER NAME(S) PROPOSER HAS OPERATED UNDER tN THE LAST tOS**R:$..'l
FIRM PRI[/ARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS|
CITY:
STATE:ZIP CODE:
PRTMARY ACCOUNT EEPRESENTATIy=E F,!9R THrS ENGAGEMENT:
AC€OUNT REP TELEPHONE NO,:
ACCOUNT REP TOLL FREE NQ.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NG:::
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any flrm or
principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information
the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with conkact requirements.
RFP 2014-276-lR Auditing Services IB
88
Miami Beach Based (Local) Vendor. ls Proposer claiming Miami Beach based firm status?f--l ves [---l iro
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued
by the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, as
amended, to demonstrate that the Proposer is a Miami Beach Based Vendor.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?f--l vrs f__l tto
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shallsubmit a documentation proving that
firm is certified as a veteran-owned business or a service-disabled veteran owned buslneSs by the State of Florida or United
States federal government, as required pursuant to ordinance 2011-3748, as a1,..,9..,.-] ,
Conflict Of lnterest, All Proposers must disclose, in their Proposal, the na 'o y omcer, director, agent, or immediate
family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all
Proposers must disclose the name of any City employee who owns, eithei directly or indirectly, an interest of ten (10%)
percent or more in the Proposer entity or any of its affiliates. _,, E....
SUBMITTAL REQUIREMENT: Proposers must disclose the'name(s) of any officer, director, ,g.nt, or. immediate family
member (spouse, parent, sibling, and child) who is aiso an employee of the City of Miami Beach.'' posers must also
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) pe?cent or more in the
Proposer entity or any of its affiliates
References & Past Performance. Proposershall submit at least three (3)references for whom the Proposer has completed
work similar in size and nature as the work iCferenced in solicitation.
SUBMITTAL REQUIREMENT: For each referene; submitted, the following informatron is required: 1) Firm Name, 2) Contact
lndividual Name & fifle, 3) Address, 4) Telephone, 5) Contact's Emall and_6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellati6n. Has Proposer evei hen'debarred, suspended or other legal violation,
or had a contract cancefiedflqtnon+erformallg5ny public sector agency?
SUBMITTAL REQUIREMENT: lf answer to above is "YES,'Proposer shall submit a statement detailing the reasons that led
to action(s).
r .: .,=
Litigation History Proposer shall submit a statement of any litigation or regulatory action that has been filed against your
firm(s)in thelastfive years. lf an action has been filed, state and describe the litigation or regulatory action filed, and identify
the court or agentil before which the action was instituted, the applicable case or file number, and the status or disposition
for such reported action. lf no litigation or regulatory action has been filed against your firm(s), provide a statement to that
effect lf "No" litigation or. regulatory action has been filed against your firm(s), please provide a statement to that effect.
Tru],-lful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in
th*lection process. Untruthful, misleading or false answers to this question shall result in the disqualiflcation of the firm for
this project.
SUBMITTAE,REQUIREMENT; Proposer shall submit history of litigation or regulatory action filed against proposer, or any
proposer teamrmQmberfirm, in the past 5 years. lf Proposer has no litigation history or regulatory action in the past 5 years,
submit a statement accordingly.
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance
Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for
ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to
any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-
compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a
RFP 2014-276-LR Auditing Services t9
89
controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate
whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has
been elected to the office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with
the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement
Management with its proposallresponse or within five (5) days upon receipt of request. The Code shall, at a minimum,
require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. tn lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach
Code of Ethics, available at www.miamibeachfl .gov/procuremenU..;;S,'ft1
10.
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Cod€s same'may be amended from time to time,
Proposers shall be required to pay all employees who provide services pursuant to this Agreemeni, the hourly living wage
rates listed below:. Commencing with City fiscal year 2012-13 (October 1,2012), the hourly living rate witt be $1 '1.28/hr with
health benefits, and $12 92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for
inflation using the Consumer Price lndex for all Urban Consumers (CP|-U) Miami/Ft. Lauderdale, issued by the U.S.
Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three
percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it
wouldnotbefiscallysoundtoimplementSaT,e,....l.aparticularyear),
Proposers' failure to comply with this proviston shall be4emed a material breach under this proposal, under which the City
may, at its sole option, immediately deem sai$ Ploposejas non-responsive, and may further subject Proposer to additional
penalties and fines, as provided in the City's Living WagjiJ Ordinance, as amended. Further information on the Living Wage
requirementisavailableatwww.miamibeachfl.govlprocurement/, i
SUBMTTTAL REQUIREMENT: No additionat suOmftat ir r*quii.O Ay ,irtr" of executing this affidavit document, Proposer
agrees to the living wage requirement.
Equal Benefits for Employees with Spouses and Emptoyees with Domestic Partners, When awarding competitively
solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls
during 20 or more calendar work weeks, the Equal Benefiil ioi Oomestic Partners Ordinance 2005-3494 requires certain
contraetors dolng busineSs with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to
pravi EQual'Benefits" to their employees with domestic partners, as they provide to employees with spouses. The
Ordinance applie$ all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and
the Contractor's emp[oyees located in the United States, but outside of the City of Miami Beach limits, who are directly
performing work on the contact within the City of Miami Beach.
A"Joes your company provrOe orfficcess to any bflg\to employees with spouses or to spouses of employees?
I IYES
B. Does your company @ide or offer access to any benefits to employees with (same or opposite sex) domestic
partner$*ortt1..,,
...l
n"Hll?;*' [-r r'ro
C. Please check a nefits that apply to your answers above and list in the "othel' section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner,
such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical
insurance.
RFP 20 I 4-?7 6 LR Auditing Services 20
90
11
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your conkol, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance.
To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures
Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for
consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final"
Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procuremenU.
Public Entity Crimes. Section 257.133(2)(a), Florida Statutes, as cu*ently enacted or as amended from time to time, states
that a person or affiliate who has been placed on the convicted vendoi list following a conviction for a public entity crime may
not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a
proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;
may not submit proposals, proposals, or replies on leases of ieal property to a public entity; may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultani under a contract'with any public entity; and may not transact
business with any public entity in excess of the threshold amounf provided in s 287 .017 for CATEGORY TWO for a period of
36 months following the date of being placed..gqthe convicted vendor l[sl. '
SUBMITTAL REQUIREMENT: No additional submittal is required, By virtue of.executing this affidavit document, Proposer
agrees with the requirements of Section 287.133, Florida Statutes, and certifles it has not been placed on convicted vendor
list.
Acknowledgement of Aadel-Um.Jfter issuance of solicitation, the City may release one or more addendum to the
solicitation which may $rovide additional information to Proposers or alter solicitation requirements. The City will strive to
reach every Proposer hlVing received solicitation through the City's e-procurement system, PublicPurchase.com. However,
Proposers are solely responsible for aS$uiing they have received any and all addendum issued pursuant to solicitation. This
Acknowledgemijntq{Addendum section certifies that the Proposer has received all addendum released by the City pursuant
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
lniti,al to Confirm
Receinf:
lnitial to C0 rfm
Receiot
lnitial to Confirm
Receint
Addendumj Addendum 6 Addendum '11
Addendum=2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation oJ.addendum is required, submit under separate cover.
12
to this solicitation Failsle to .b,r.g.1.n*i;fflftfiffol3!... *.ipt of all addendum may result in proposal disqualification.
. i ti!1 lllli' . -....-
2lRFP 2014-276-lR Auditing Services
91
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's
convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in
failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this
solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals,
and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the
City may determine the qualifications and acceptability of any party or parties submitting Proposals iG response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further detailF,=fdformation and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospectivCr.Fl'oposers':tlt.i$ the responsibility of the recipient
to assure itself that information contained herein is accurate and complete.::,The City does not pioVi,gany assurances as to the
accuracy of any information in this solicitation. ...:i
Any reliance on these contents, or on any permitted communications with Oity officials, shall be at the recipients own risk. Proposers
should rely exclusively on their own investigations, interpretations, and.analyses. The solicitation is being proVi@"$$y the City without
any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or iepresentation is
made by the City or its agents that any Proposal conforming to these requirements wil[!! selected for consideration, negotiation, or
approval.
The City shall have no obligation or liability with respecl tolhis solicitation, the selection and the award process, or whether any award
will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and
Disclaimer, is totally relying on this Disclosure and Disdaimer, and aqrees to be bound by the terms hereof. Any Proposals submitted
to the City pursuant to this solicitation are submitted at the T! risk and rTryTl!,',,, of the party submifting such Proposal.
This solicitation is made subject to correction of errors, ornisions, or_-w-i*rdi4.$.4.!$m the'market without notice. lnformation is for
guidance only, and does not constitute all 11V part of an a@e..f
The City and all Proposers will be bound only as, if and when a Propgial (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the
definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any
reason, or for no reason, Without any resultantliabjlity to the City. !u-\=
The City is governed by the Government-in-the-Sunshine Law, anO itl Proposals and supporting documents shall be subject to
disclosure as=f=e=d[.t.ltre4,byruch law: All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent
permitted. itffia,Stat@, until the date and time selected for opening the responses. At that time, all documents received by the
City shallbecome public records.
Profi$=seicare expected to make all disclosures and declarations as requested in this solicitation, By submission of a Proposal, the
PropOSei=aeknowledges and agrees*{rat,the City has the right to make any inquiry or investigation it deems appropriate to substantiate
or suppldffil,information contained in the Proposal, and authorizes the release to the City of any and all information sought in such
inquiry or iritestigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the
best of its knowleieg.' rmation, an($Uffer
Notwithstanding thd:f tgoing or ?nfi$irr$ contained in the solicitation, all Proposers agree that in the event of a final unappealable
judgment by a court of;e.$=$pr.9!=-$iUi,,is..diction which imposes on the City any liability arising out of this solicitation, or any response
thereto, or any action or'iffi0lio by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and
liquidated damages. The prevtous sentence, however, shall not be conshued to circumvent any of the other provisions of this
Disclosure and Disclaimer which imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood
that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation
shall be governed by and construed in accordance with the laws of the State of Florida.
RFP 2014-276-LR Auditing Services 22
92
I hereby certify that l, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Propose/s Authorized Representative:Title of Prop-o*eis A6fiorized RepresenEEie;
': l
Signature of Proposeis Authorized Representative:
State of on this
-day
of
-,
2o-, PersonallY
appeared before me who
County of ) stated that (s)he is the
, a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires:
of
RFP 2014-276-LR Auditing Services IJ
93
APPENDIX B
g nA$A&AI mffi&Cw
"No Propos#" Form
RFP 201G,276-LR ,,,,-
FOR AUDITING SERVICES TO EXAMINE THE CITY'S BASIC FINANCIAI
STATEMENTS rNcruDED rN THE cry,s coMFnrHENsrvE ANNUAT
FINANC|AI REPORT (CAFRI, FEDJRAT G NT,pROGRAMS AND STATE
PROJECTS (OMB A- 1 33 SINOIE AUDIT);,I' D THE FINANCIAI
STATEMENTS OF THE MrArylr BEACH F,,EqEVETOF T AGENCY (RDA),
THE PARKING SYSTEMS FUND (PSF), THE M|AMI BEACH VIS|TOR AND
CONVENTION AffiifQBlTY (VCA), THE MIAMI:"BEACH CONVENTION
CENTER, THE JACKTE er-EAsoN rirrarrn oF THE pERFoRMING ARTS,
THE BUTLDJ=-!!1=- BETTER rffi,Pi MUNITIES BOND PROGRAM (BBC), THE
CHITDREN',S"4RUST GRANT PROG,RA'VI (CT}, AND THE SAFE
NEIGHBORHOOD PARKS,A.JrID BOND PROGRAM (SNP).
fr'--' =-,, :_=.,-
orpnnrMrNT oF PRoCUREMENT MANAGEMENT
i' t " 't-,- I r:,,,r........,:t t'ort3t3fl?;:::?: ffil::?i:;.\
RFP 2014-276-LR Auditing Services 4.4L1
94
WE HAVE ELEGTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR TNDTCATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond .l
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
:
-Unable
to meet insurance requiremehts
_Do not offer this producVservice i,;
-OTHER.
(Please specify)
lr'
We do _.do not _ waff to be reta,f,Ei on your mailing list for future proposals
Legal Company Name:
,&, .l'i'Nl.€&: Failure to rd ond, either by submitting a proposal or this completed form,,rr lr?;l* in
.1$lifitompanv
beins removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI'tsEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Lourdes Rodriguez
PROPOSAL#2014.276.LR
1700 Convention Center Drive
MIAMI BEACH, FL 33139
RFP 2014-276lR Auditing Services
95
APPENDIX C
g MxAn'A$mffi&ilh'fi
Minimum Requiieftents
:i
& Speciftotions
RFP 2OT4.27J.I.R =
FOR AUDITTNG SERVTCES TO'.EXAMINE TI{E4TY',S BAS|C FtNANCtAt
STATEMENTS INGLUD"E.D IN THE CITY'S COfiIP|REHENSIVE ANNUAL
FTNANCIAL REPOR.T (CAFR), FEDERAL GRANT PROGRAMS AND STATE
pRoJEcrs ===1OMB a-t g$ srxcir AUDrr), AND THE FTNANcTAL
STATEMEI?Eor rur mnlvu sracH hrorvrlopMENT AGENcy (RDA),
THE nARTNG svsrrMg FUN_PLpFF), THE MrArylr BEAcH vrsrroR AND
coNvENTroN luruoitrv C]bAt, rt+t MrAMr BEAcH coNvENTroN
crxrii) THE JAcrir ounsoN rriEArsn oF THE pERFoRMTNG ARTs,
THE BUTTDTNG-BETTER, COMTVIUNTTTES BOND PROGRAM (BBC), THE
CHILDREN'S TRUST GMNT PROGRAM (CT), AND THE SAFE
NEIGHBonxooD' panri"END BoND pRocRAM (sNp).
-"rfi;",;,j
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Conveniion Center Drive
Miomi Beoch, Florido 33139
RFP 2014276-lR Audltlng Services 26
96
C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below, Proposer
shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement.
Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered.
. a, The proposing firm and the proposed engagement partner has performed continuous certified public
accounting (CPA) services for government agencies for a minimum of ten (10) years. The ten (10) years
may be a combination of years of service provided to different agencies. For each experience proposer must
submit as evidence: agency name, agency contact, contact telephone, email and years(s) of experience for
verification pu rposes.
b. The proposing firm and proposed engagement partner must have experiehce auditing three (3) or more
similar government agencies, specifically as to size, services providedLlnd the required reporting. For each
experience proposer must submit as evidence: agency name, agency contact, contact telephone, email and
years(s) of experience for verification purposes, .:,: = .::,::.:= ,c. The proposing firm and proposed manager must have#perience auditifi$.,three (3) or more similar
government agencies, specifically as to size, services provided and the required reporting. For each
experience proposer must submit as evidence: age-Esy e, agency contact, contact telephone, email and
years(s)ofexperienceforverificationpurposes.
d. The proposing firm and proposed senior auditor mu-st.have exp-e-*dii auditing three (3) or more similar
government agencies, specifically as to size, services,provided and the required reporting. For each
experience proposer must submit as evidence: agency nBhre, a$ency contact, contact telephone, email and
years(s) of experience for verification purposes, = ,lil,1iil=
":tl ir,t:
C2. Statement of Work Required, The City of Miami Beitfr (tne Citfi\$tSouired to have an annual audit in
accordance with Florida Statutes 218.39 performedon the Ci[y-,,jp Comprehen$iteAnnual Financial Report (CAFR).
Other audits are required to be.rpg.d.0rmei in accordance with the U:S. Office of Management and Budget (OMB)
Circulars, Bonded Debt Coveffiis, Performance Managemeht and/ or Grant Agreements. Each audit herein must
Pursuant to the abovJtq*=lf...e .nts, tnel|$Jty.!p.required to procure auditing services to examine the City's Basic
Financial Statements includ$lp .}lhffiitli's Cornprehensive Annual Financial Report (CAFR), Federal grant
programs anf,..$te projects":(OMB,., 133 SinglE''fittdltli'l.::.?nd/or the financial statements of the Miami Beach
Redeveloome@genty's (RDA), thq,Parking Systems Fund's (PSF), the Miami Beach Visitor and Convention
Authodty"$'(VCA), the Miami'Beach tion Center(MBCC), as managed by Global Spectrunl(GS), the Safe
Neighb@od Parks and Bond ProSranf.S$@J, Children's Trust (CT) and Building Better Communities (BBC),
C3. Specifications/Scope of Work. There are ten (10) services which are required as part of this request. All
services must be included in the,prop6sal in order for it to be considered, The scope of services are as follows:
1, CAFR - The,auditor wi repare and issue an auditor's opinion and conduct an audit of the City's CAFR in
accordance with sene'ially Accepted Auditing Standards (GAAS) and the standards applicable to financial
audits contained in Government Auditing Sfandards, issued by the Controller General of the United States.
The examination must be made in accordance with the guidelines prepared by the Governmental Finance
Officers Association (GFOA) in order for the City to apply for the Certificate of Achievement for Excellence in
Financial Reporting. On an annual basis, the City will prepare the CAFR for auditing. The auditors will
provide guidance with the implementation of Governmental Accounting Standard Board (GASB) statements
as necessary,
RFP 2014-276-LR Auditing Services 27
97
3.
4.
The audit firm shall issue an audit opinion to the City no later than 180 days following the fiscal year end.
OMB A-133 Single Audits - The auditor must perform an audit in accordance with auditing standards
generally accepted in the United States of America; the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular
A-133, Audits of Sfates, Local Governments, and Non-Profit Organizations. The auditor must issue an
lndependent Auditors' Report on lnternal Control over Financial Reporting and on Compliance, lndependent
Auditors' Report on Compliance and lnternal Control over Compliance =A€ .icable to Each Major Federal
Program and State Project, and Schedule of Findings and Questioned Cests. The City will prepare the
Schedule of Expenditure of FederalAwards and State Financial O.tir
The audit firm shall issue the single audit report and data colle@r%,riffiIh0ity no later than 180 days
following the fiscal year end, : ;?.-
Management Letter in Accordance with the Rules,of the Auditor General of thdffitg of Florida - The
auditor firm shall issue a management letter to the .GO no later than 180 days followin$ffte,fi.scal year end.
RDA - The City issues stand-alone basic financial statements f he RDA, a blended component unit of the
City, The auditor will prepare and issue.,an audito/s opinionadfunduct an audit of the RDA basic financial
statements in accordance with Gene@ Appepted Auditing Standards (GAAS) and the standards applicable
to financial audits contained in Govemmehfl *4fg Sfanda6 issued by the Controller General of the
United States." '.-'. ''j7
u.us-i* i,,, -The financial statementsSotnotes and sch6&leg aid tb bd,ipre$.ared by the auditor. The audit firm shall
issue the RDA basic financial stat€ments to t n0 later than 180 days following the fiscal year end,
PSF- The City iss0Cs stand-alone.financial stateG ts for the PSF, a major enterprise fund of the City. The
auditor will prepare and issue an agditorls opinioffind conduct an audit of the PSF financial statements in
accordance with Gen$iplly {ccepted Audlting Standards (GAAS) and the standards applicable to financial
audits s€xteiEled in GoiVernment Auditing Sfandaids, issued by the Controller General of the United States.
T,he'financial sta'ldHdg, foOtnotes and schedules are to be prepared by the auditor. The audit firm shall
iii e the PSF basic fingngal statements to the City no later than 150 days following the fiscal year end.
VC .The City issues stahd-alone basic financial slatements for the VCA, a discretely presented component
unit of{$$ity. The auditor will prepare and issue an auditor's opinion and conduct an audit of the VCA
financial. 'tements in accordance with Generally Accepted Auditing Standards (GAAS) and the standards
applicable tdfinEnciqleudits contained in Government Auditing Sfandards, issued by the Controller General
of the United States.
5.
6.
The financial statements, footnotes and schedules are to be prepared by the auditor. The audit firm shall
issue the VCA basic financial statements to the City no later than 90 days following the fiscal year end.
7. GS- The City issues special purpose flnancial statements for assets, liabilities, revenues, and expenses of
the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts, as managed by
GS. The auditor will prepare and issue an auditor's opinion and conduct an audit of the GS assets,
RFP 2014-276'LR Auditing Services 2B
98
L
10
liabilities, revenues and expenses in accordance with Generally Accepted Auditing Standards (GAAS) and
the standards applicable to financial audits contained in Government Auditing Sfandards, issued by the
Controller General of the United States.
The financial statements, footnotes and schedules are to be prepared by the auditor. The audit firm shall
issue the SMG special purpose financial statements to the City no later than 90 days following the fiscal year
end.
SNP- The SNP governing Miami-Dade County ordinance N0.96-115 requires that an annual independent
audit of all bond funds be conducted. The auditor will conduct an. it in compliance with the grant
agreement, SNP ordinance No. 96-115, applicable resolution and_th-e SNP-Administrative Rules.
The audit report, notes and schedules are to be prepared by the aUditor. The audit firm shall issue the SNB
to the City no later than 90 days following the fiscal year end. .,.,,-
CT - The City receives funds from the Children's Trust Fund Program and the CnitJien's Trust requires an
audit irr accordance with the Chiidren's Trust Contractual Agreements, AU-C 935 and Statement on Auditing
Standards No. 117.
The audit report, notes and schedules are to be prepared by the auditor. The audit firm shall issue the CT to
the City no later than 90 days following the fiscal year end.
BBC - The City receives funds from Miami-Dade County for the Building Better Communities Bond Project
and the Building Better Communities Bond Project requires an audit in accordance with Miami-Dade County
Ordinance 05-47, aOOlicabl; resolutions, and Building Better Communities Administration Rule.
The audit report, notes and schedules are to be prepared by the auditor. The audit firm shall issue the SNB
to the City no later than 90 days foliowing the fiscal year end.
Other:
ln the event that, during the Term of the A$reemert, the City, in its sole discretion and judgment, determines
that there* a need for additional services not contemplated within the Agreement, such services will be
performed at the hourly billisg'rates set forth in the agreement.
RFP 20 14'2761R Auditing Services 29
99
APPENDIX D
g MIAfu\I&ffiACN
Speciol Cdfl ditions
RFP 2OI 4-276-LR I
FOR AUDITING SERVICES TO EXAMINE.THE TY BASIC FINANCIAT
STATEMENTS INGTUD.TD IN THE.. CITY'S COMPREHENSIVE ANNUAL
FTNANCTAT REPORT (CAFR), FEDERAT GRANT PROGRAMS AND STATE
pRoJEcrs ,.@B a-t ge srNcri AUDrr), AND THE FINANGTAL
STATEME NTS4F TH E M_IAfvl! B EAC H',RE D EVE TOPME NT AGE NCY ( RDA),
THE pARrcNEvsrEms."F..:,lr-l!!;(psF), rHr MrAMr BEAcH vrsrroR AND
coNv,F,,, TroN-AurHbnirv ff6Ai; Tr{E MrAl/lr BEAcH coNvENTroN
CINTTR, THE JAcKE ouasoN rxrArrn oF THE PERFoRmING ARTS,
iTl{E BUIIDING BETTER'(OrvlrYlUNlTlES BOND PROGRAM (BBC}, THE
cHl[DREN',S TRUST GFANT pp96f,AM (CT], AND THE SAFE
NEIGHBORHOOD P'ARKS'*ND BOND PROGRAM (SNP}.
:::l
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drlve
Miomi Beoch, Florido 33.l39
RFP 2014276-LR Auditing Services 30
100
1. TERM OF CONTRACT. The contract shall commence upon the date of notice of award and
shall be effective for a period of five (5) years.
2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for
one (1) additional five (5) years period.
3. PRICES SHALL BE FIXED AND FIRM: All prices quoted in the awardee's bid submittal shall
remain firm and fixed, unless amended in writing by the City.
.i,i
1.10,1 COST ESCALATION. Prices must be held tim eunn$il',^. ,n,,,., term of the
agreement. During the renewal term, the City may conSiderpLices increases not to
increase the applicable Bureau of Labor Statistics (www.bls.gotl CPl-U index or 3%,
whichever is less. The City may also consider increases based on mandated Living Wage
increases. ln considering cost escalation due to Living Wage increases, the City will only
consider the direct costs related to Living Wage increases, exclusive of overhead, profit or
any other related cost. ,:::::::: =
a) The audit firm(s) shall be licensed to practice iil'the State of Florida upon award of
contract.
5. TRAINING. The City desires to ri*bintaii'rnd i*prow the level of training of its personnel
assigned to the internal audit function and in accounting positions. The proposal should indicate if
the firm conducts any trainjng for its employdes and if Citi personnelcould attend such training"
RFP 2014-276-lR Audlting Services alJI
101
APPENDIX E
g M\iAi't'\iffiffi&cii
iitr' ^l.\. ,,
":i::::t: i tl
.\..,ii
Cost PropffiohEor#
.W,,
RFP 20r 4-276-LR
i$n$-*.,rr*
"rtlllll
FOR AUDITING SERV.ICES TO EXAMINE TT{E CITY'S BASIC FINANCIAT
REDEVETOPMENT AGENCY (RDA),
THE PARKING "{P.*f} THE MIAMI BEACH VISITOR AND
CoNVENTION. AUT.,.+l9RlrY (VCA)ilnr MnMl BEACH CONVENTION
$NTER, THE.JffKIH..##.1!:ASON THEATER OF THE PERFORI\AING ARTS,
THE sultorhtG" BETTER" C9;vrrvtuNtTtEs BoND PRoGRAM (BBC), THE
GtIl[DREN',S TRUST GR*NT PROGRAM (CT), AND THE SAFE
NEIGHBORHOOD PARKS AND BOND PROGRAn (SNP).
DEPARTMENT OF PROCUREMENT MANAGEMENT,l700 Convention Cenier Drive
Miomi Beoch, Florido 33139
RFP 2014-2761R Auditing Services
102
APPENDIX A
PROPOSAL TENDER FORM
Proposer affirms that the prices stated on the proposal price form below represents the entire cost of the items in full
accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements
stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery
delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been
exercised by the City Manager in advance. The Cost Proposal Form (Section 5) shatl be completed mechanically or, if
manually, in ink. Proposal Tender Forms (Section 5) completed in pencil shall be deemed non-responsive. All
corrections on the ProposalTender Form (Section 5) shall be initialed.
GROUP l. Auditing Services - Prices submitted in proposal pSckage are to be held for the five (5) year
contract period. r
RFP 2014-276-LR Auditing Services
103
GROUP l!. Additional Services
The City reserves the right to negotiate rates for additional services.
,'
liqtfl;,,
=
:1',:: :lll=
,4:).1t.::::::::::1
i, , ::::
=,
1:
t;:
RFP 2014'276lR Auditing Services 34
104
APPENDIX F
I nsuro nce Requifements
!.::'.
RFP 20r 4-27
FOR AUDITING SERVICES TO;.EXAMINE
:.:lf -rrriiY
,S BASIC FINANCIAT
1700 Convention Center Drive
Miomi Beoch, Florido 33.l39
RFP 2014-276-LR Auditing Services 35
105
ijr,F" {ifl\$"*.N s*$
$i1\f\''1 i&**"*.\\!q"-""-w{ ,x.*\,{ \i \ I S\\-- "{,-S.S $---Nl.f \d Y ltfu*sN*s \k#$ $
PROFESSIONAL SERVICES INSURANCE REQUIREMENTS
The provider shall furnish to the Human Resources Department, Risk Management Division, City of
Miami Beach, 1700 Convention Center Drive,3'd Floor, Miami Beach, Florida 33139, Certificate(s) of
lnsurance which indicate that insurance coverage has been obtained which meets the requirements as
outlined below:
A. Worker's Compensation and Employer's Liability lnsurance for all employees of the
provider as required by Florida Statute 440.
B. Commercial General Liability on a comprehensive basis in an amount not less than
$1,000,000 combined single limit per occurrence and $2,000,000 in the aggregate, for
bodily injury and property damage. City of Miami Beach must be shown as an
additional insured with respect to this coverage.
C. Professional Liability lnsurance in an amount hot,less than $1,000,000 with the deductible
per claim, if any, not to exceed 10% of the limit of liability.
The insurance coverage above must include a waiver of suOi-gaiion in favor of the City. The insurance
coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the provider.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The company m-,st be rated no less than "8" as to management, and no less than "Class
V" as to financiaistrength, by the latest edition of Best's lnsurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the
City Risk Management Division;
:OF
The company must hold avalid Florida Certificate of Authority as shown in the latest "List
of All lnsurance Companies Authorized or Approved to Do Business in Florida" issued by
the State of Florida Department of lnsurance and are members of the Florida Guaranty
Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
advance notice to the certificate holder.
': :l
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
f 7OO CONVENTION CENTER DRIVE
3'd FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation
under this section or under any other section of this agreement.
rh \,n,, !/ Itql
36RFP 2014276lR Auditlng Services
106
COMMISSION ITEM SUMMARY
Condensed Title:
T FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) No. 2014-015-LR
FOR PSYCHOLOGICAL SERVICES FOR SWORN AND CIVIL]AN PERSONNEL
lntended Outcome
Environmental
Item Summary/Recommendation:
Beach is contracting the services of an experienced and qualified firm to conduct valid, reliable and
cross-cultural testing of police officer, police public service aide, detention officer, communications operator, police dispatcher,
police complaint officer, firefighters and fire rescue dispatcher applicants at the Contractor's facility located in Miami-Dade County.
The testing is required by the City as part of a thorough background investigation of applicants. The purpose of these services is
to evaluate whether said applicants are acceptable candidates. Additionally, psychological testing may include fitness-for-duty
evaluations for City personnel on an as needed basis.
The Scope of Service encompasses four (4) parts: Part l: A" Pre-Emolovment Psvcholoqical Services for Sworn Personnel,
and B. Pre-Emplovment Psvcholoqical Services for Firefiqhters and Fire Rescue Dispatchers, Part ll: Psvcholoqical
Services for Emplovees; and Part lll: Pre-Emplovrnent Psvcholoqical Services for Civilian Personnel, and ru_Elfs
for Dutv, as described below. Proposers shall provide Part l, Part ll, Part lll and Part lV services.
Part l: A. Pre-Employment Psvcholoqical Services for Sworn Personnel and B. Pre-Emplovment Psvcholoqical Services
for Firefiqhters and Fire Rescue Dispatchers
It is anticipated that sworn applicants will be required to receive pre-employment psychological screening services. The Police
Department is currently comprised of 381 sworn personnel, and approximately 100 sworn applicants are anticipated to be
processed during FY 2013114. The Fire Department anticipates 150 firefighter and 20 fire rescue dispatcher applicants are
anticipated to be process during FY 2013114. This is an estimate only and the City shall not be required to adhere to this estimate
during the contract period.
Part ll: Psvcholoqical Services for Emplovees
On an annual basis, it is anticipated that personnel may require some counseling services. Successful Proposer shall be
available, 24 hours per day, 7 days per week, should it be needed, to provide Psychological Services to employees at the direction
of the Chief of Police or his/her designee of Fire Chief or his/her designee, or the Director of Human Resources or his/her
designee. Successful Proposer shall ensure confidentiality of counseling services provided to employees.
Part lll: Pre-Emolovment Psycholooical Services for Civilian Personnel
It is anticipated that civilian applicants will be required to receive pre-employnent psychological screening services.
Approximately fifty (50) civilian applicants for the Police Department are anticipated to be processed during FY 2013/14. These
are estimates only and the City shall not be required to adhere to these estimates during the contract period.
Part lV: Fitness for Dutv
The contractor shall administer and interpret additional psychological testing for police officer, police public service aide, detention
officer, communications operator, police dispatcher, police complaint officer, firefighters and fire rescue dispatcher applicants that
have been mandated for a fitness for duty evaluation.
SCOPE OF SERVICES
ln general, the scope of services includes the four components highlighted above, including: pre-employment services for sworn,
firefighter and fire dispatcher personnel; psychological counseling services for employees for on{he-job incidents; pre-employment
services for civilian personnel, and fitness for duty evaluations.
For further details on the scope of services required, refer to Appendix C, RFP 2014-015-LR for Psychological Services for
Employees (attached).
RECOMMENDATION
APPROVE THE ISSUANCE OF THE RFP
Source of
Funds:
OBPI
AGE,*ETA. ,r.* C?c- oi'i-TegiF7T(E n,IIAAAISEACH 107
g MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: REQUEST FOR APPROVAL TO ORIZE THE ISSUANCE OF A REQUEST
FOR PROPOSAL (RFp) 2014-015-LR FOR PSYCHOLOGTCAL SERVTGES FOR
EMPLOYEES.
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
BAGKGROUND
The City of Miami Beach is contracting the professional services of an experienced and
qualified firm to conduct valid, reliable and cross-cultural testing of police officer, police
public service aide, detention officer, communications operator, police dispatcher, police
complaint officer, firefighters and fire rescue dispatcher applicants at the Contractor's facility
located in Miami-Dade County. The testing is required by the City as part of a thorough
background investigation of applicants. The purpose of these services is to evaluate
whether said applicants are acceptable candidates. Additionally, psychological testing may
include fitness-for-duty evaluations for City personnel on an as needed basis.
The Scope of Service encompasses four (4) parts: Part l: A. Pre-Emplovment
Psvchological Services for Sworn Personnel, and
Services for Firefiqhters and Fire Rescue Dispatchers, Part ll: PsvcholoqicalServices
for Emplovees; and Part lll: Pre-Emplovment Psvcholoqical Services for Givilian
Personnel,and@,asdescribedbelow.ProposersshallprovidePart
l, Part ll, Part lll and Part lV services.
Part l: A. Pre-Emplovment Psvcholoqical Services for Sworn Personnel and B. Pre-
Emplovment Psvcholooical Services for Firefighters and Fire Rescue Dispatchers
It is anticipated that sworn applicants will be required to receive pre-employment
psychological screening services. The Police Department is currently comprised of 381
sworn personnel, and approximately 100 sworn applicants are anticipated to be processed
during FY 2013114. The Fire Department anticipates 150 firefighterand 20 fire rescue
dispatcher applicants are anticipated to be process during FY 2013/14. This is an estimate
only and the Cig shall not be required to adhere to this estimate during the contract period.
108
City Commission Memorandum - Psychological Seryices for Employees
July 23, 2014
Page 2 of 3
Part ll: Psvcholoqical Services for Emplovees
On an annual basis, it is anticipated that personnel may require some counseling services.
Successful Proposer shall be available, 24 hours per day, 7 days per week, should it be
needed, to provide Psychological Services to employees at the direction of the Chief of
Police or his/her designee of Fire Chief or his/her designee, or the Director of Human
Resources or his/her designee. Successful Proposer shall ensure confidentiality of
counseling services provided to employees.
Part lll: Pre-Emplovment Psvcholoqical Services for Civilian Personnel
It is anticipated that civilian applicants will be required to receive pre-employment
psychological screening services. Approximately fifty (50) civilian applicants for the Police
Department are anticipated to be processed during FY 2013/14. These are estimates only
and the City shall not be required to adhere to these estimates during the contract period.
Part lV: Fitness for Dutv
The contractor shall administer and interpret additional psychological testing for police
officer, police public service aide, detention officer, communications operator, police
dispatcher, police complaint officer, firefighters and fire rescue dispatcher applicants that
have been mandated for a fitness for duty evaluation.
SCOPE OF SERVICES
ln general, the scope of services includes the four components highlighted above, including:
pre-employment services for sworn, firefighter and fire dispatcher personnel; psychological
counseling services for employees for on{he-job incidents; pre-employment services for
civilian personnel, and fitness for duty evaluations.
For further details on the scope of services required, refer to Appendix C, RFP 2014-015-LR
for Psychological Services for Employees (attached).
OTHER RFP REQUIREMENTS
o MINIMUM QUALIFICATIONS
Please Reference Appendix C, RFP 2014-015-LR for Psychological Services for Employees
(attached).
o SUBMITTALREQUIREMENTS
Please Reference Section 0300, RFP 2014-015-LR for Psychological Services for
Employees (attached).
o CRITERIA FOR EVALUATION
Please Reference Section 0400, RFP 2014-015-LR for Psychological Services for
Employees (attached).
109
City Commlssion fibmonndum - Psychologlcal Servlces for Employees
July 23,2011' Page 3 of3
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
the RFP 2014-015-LR for PsychologicalServices for Employees.
ATTACHMENTS
o RFP 2014-015-LR for PsychologicalServices for Employees.
JLM/MrA/DoA/F/scr/AD
110
REQUEST FOR PROPOSALS (RFP)
PSYCHOTOGICAL SERVICES FOR EMPLOYEES
2014-01 5-LR
RFP ISS
PROPOSALS 2014 @ 3:00 PM
ISSUED BY:EZ, CPPB
& MIAAAilBHACH
tOU R DES RODR,IGUEZ, SE N IOR PROC U RETVIENT SPEC IALIST
PROC UREMENT MANAGEME NT DEPARTME NT
1700 Convention Center Drive, Miorni Beoch, FL 33'139
3O5.673.7AO0 X6652 | Fox: 786.394.4O75 | www.miomibeochfl.gov
111
E MIAMIBEACH
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTtLtzED ......... ........................... N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ...............3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............10
O4OO PROPOSAL EVALUATION ........,....,,,12
APPENDICES:
APPENDIX A
APPENDIX B
nPpgltox c
APPENDIX D
APPENDIX E
APPENDIX F
PROPOSAL CERTIFICATON, QUEST
"NO PROPOSAL" FORM
MINIMUM REQUIREMENTS &
SPECIAL CONDITIONS
COST PROPOSAL
INSURANCE REQUIREME
RFP 20r4-o15-LR
112
b AAIAAAIBTACH
SECTION O2()() INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award.
"l'
''
The City utilizes PublicPurchase (www.publicpurchase.com) for automaticgtification of competitive solicitation
opportunities and document fulfillment, including the issuance of any a${,QpQum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposal submitted.
.,.
j
I i
2. PURPOSE. The City of Miami Beach is contracting the @sional services of an experienced and qualified firm
to conduct valid, reliable and cross-cultural testing of police of,f-.}cer, poliCapublic r.r,.*,.'0., detention officer,
communications operator, police dispatcher, police complaint officer, firefighters and fire rescue dispatcher
applicants at the Contractor's facility located in Miami-Dade County. ''Tfifffjfiesting is required by the City as part of a
thorough background investigation of applicants. .ffhe purpose of thebe,,serv-ices is to evaluate whether said
applicants are acceptable candidates. Additionally, psyihological testing mfl$li{n€lude fitness-for-duty evaluations for
City personnel, on an as needed basis.
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl.qov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days
prior to the date proposals are due as scheduled in Section 0200-3, All responses to questions/clarifications will be
sent to all prospective Proposers in the form of an addendum.
Procurement Contact:
Lourdes Rodriguez
Telephone:
305.673.7000 x6652
Email:
lou rdesrodrig uez@miamibeachfl .gov
schedule for this solicitation is as follows:
ffi" R$..R lssued JULY 24,2014
AUGUST 5,2014 at 10 a,m.
Deadl ine fpr Recei0t d4ueStionE AUGUST 12,2014
Res0effi,pyB AUGUST 19,2014
Evaluation Committee ff6ffiew TBD
Proposer Presentations TBD
Tentative Commission ApproVal Authorizing October 2014
Contract Negotiations Following Commission Approval
RFP 20r4-015-LR
113
b AAIAMIMffiAC$-I
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or
site visit(s) may be scheduled.
A Pre-Proposal conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hall - 4th Floor
City Manager's Small Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory" Proposers interested in participating in the Pre-Proposal Submisslon Meeting via telephone must follow
these steps:
=rr.,,.,._
(1) Dialthe TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free No-gir America) "=
(2) Enter the MEETING NUMBER:1142644 i: '\
=..==... :.. -
Proposers who are interested in participating via telephone'-hCIft send an e-mail to the contact person listed in this
RFP expressing their intent to participate via telephone.
"=16. PRE-PROPOSAL INTERPRETATIONS. Ora[ inJormation or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, inetldi,lJ,,g any information received at pre-
submittal meeting or site visit(s). 0nly questions answered by. written adderi,$H will be binding and may supersede
terms noted in this solicitation, Addenlfr .* be releaboed throuUh Pub!i!1,r1|pr6hase
7. CONE OF SILENCE. Pursug#/t6' S:66ffip"2-a$6 of the City Code, all procurement solicitations once advertised
and until an award recommendlation has b6.B'rt forwarded to the City Commission by the City Manager are under the
"Cone of Silence." =The -:.i g.ne of Silence ordinance is available at
http://library,municode.com/index.aspX-?cliffifD;t3p.,/ gtatelD=9&statename=Florida, Any communication or
inquiry in reference to thi5sdlicitation fitF y City emplo/ee or City official is strictly prohibited with the of exception
of communications with the Procurement':Birector, or his/her administrative staff responsible for administering the
procurement process for this solicitation proViffi$ said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact nbm,e_d herein with a copy to the City Clerk at RafaelGranado@miamibeachfl.gov.
-:..aaa::::::a:_
8. SPECIAL NOTICESSou are hereby advised that this solicitation is subject to the following
ordinances/resolutions, whidh may be found on the City 0f Miami Beach website:
http ://web. miamibeachfl.qov/procu remenUscroll,aspx?id=235 1 0
. CONE OF S|LENCE.... CITY CODE SECTION 2486
. PROTEST PROCEDURES CITY CODE SECTION 2-371
. DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THR0UGH2485.3
. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES..,. CITY CODE SECTIONS 2481 THROUGH2-406
" CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487
. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENTISSUES.......,... CITY CODE SECTION 2488
o REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS...... CITY CODE SECTION 2.373
. LIVING WAGE REQUIREMENT........... CITY CODE SECTIONS 2407 THR0UGH2-410
. LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS,.,...,.. CITY CODE SECTION 2-372
RFP 20I 4-O I 5-LR
114
AAIAAAISTACH
. PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE.
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374
. FALSE CLAIMS ORDINANCE.... CITY CODE SECTION 7O.3OO
. ACCEPTANCE OF GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the
deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written
notice of any such postponement to all prospective Proposers through PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the 6giUi:r,,ements of City Code Section 2-
371 shall be barred" :
:::=':::::::::=
11. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to Ci$nf Mieffi$each Ordinance No. 2011-3747,
a five (5) point preference will be given to a responsive and responsible Mi.ami Bedtli d Proposer.
12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuantto Cityof Miami Beach Ordinance N0.2011-
3748, the City shall give a five (5) point preference to a re$ponsive and responsible Piopo5er which is a small
business concern owned and controlled by a veteran(s) or which is a serviie-disabled veterah business enterprise.
13. DETERMINATION OF AWARD. The final ra-!..[i,,1],f results of Stefu 2 outlined in Section V, Evaluation of
Proposals, will be considered by the City Manageiffijitsrumy recommendto the City Commission the Propose(s)
he/she deems to be in the best interest of the City or may iecommend rejection of all proposals. The City Manage/s
recommendation need not be consistent with the scorlitfr. restltsidentifie.d&rein and takes into consideration Miami
Beach City Code Section 2-369, inclg$ing,the following C&.,psfiferations: '
(1) The ability, capacity and skill of the Propbser to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference
(3) Ths,eharacter, integrity, reputation, iudgment, experience and efficiency of the Proposer.
(4)Jh'b q u a I ity ef,perfo rm ance of p revi o u s co ntracts.
J5;r6. previous aEd'existing compllance by the Proposer with laws and ordinances relating to the
cofifa = ,
The City Commissioh=.$,,Eia consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, relect the City Manager's recommendation and select another Proposal
or Proposals which it deems tg;pe in the best interest of the City, or it may also relect all Proposals. Upon approval of
selection by the City CommiSBffinegotiations between the City and the selected Propose(s) will take place to
arrive at a mutually acceptableAgreement,
14. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals
prior to award. Reasonable efforts will be made to either award the Contract or reject all proposals within one-
hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening.
15. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
RFP 2014-015-LR
115
E AAIANAIBIACH
obligation to comply with every detail and with all provisions and requirements of the contract, and will not be
accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the
Proposer.
16. COSTS INCURRED BY PROPOSERS. Allexpenses involved with the preparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City,
17. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
.,1:::='
18. TAXES. The City of Miami Beach is exempt from all Federal Excise andp taxes.
19. MISTAKES. Proposers are expected to examine the terms.;.,go1ditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods aq$*rv'ms relative to thislFP. Failure to do so will
be at the Proposer's risk and may result in the Proposal berrlg rip,grespoqp,,.lve
= ,
.., rI '
20. PAYMENT. Payment will be made by the City after the godd .,r inliCes have been feceived, inspected, and
found to comply with contract, specifications, free of damage or def€;:ild are properly invoiced, lnvoices must be
consistent with purchase order format, lia , ,,1',
,,.: :'.,.+,, \-S--......,:,u-
21. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractors, and/or agents, from liability of any natu,r kind, including cost and expenses for,
or on account of, any copyrighted,,Rffig1$gd, or unpatentedihVention, piocess, or article manufactured or used in the
performance of the contract, includihg ifsuse by the City of Miami Beach, Florida. lf the Proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royaltieslr cost arising'from the use of such design, device, or materials in
any way involved in the work. . :'r=.
- : I :::::::::::::::r '"::,::::,:::::.::= "'::! ::'
::::.
22. MANNER OF FiRFORMANCE. propos#i;agregs to perform its duties and obligations in a professional manner
Local,sffi.6o,niy,andFederallaws,rules,regulationsandcodes'Lackof
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all:docgfibntation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws,
23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
RFP 2014-015-LR
116
IA l,AlA,\{i$rACH
Conditions shall have precedence.
24. ANTI-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
25. DEMONSTMTION OF COMPETENCY.
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
G. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation,
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices iri:lhe indilstry, and as determined by the City
.=t 1. 'of Miami Beach,
E. The City may consider any evidence available regarding..,.{ findncial, technical, other qualifications and
abilities of a Proposer, including past performance (expefifue), in mating an award'that ig in,the best interest of
the City. ,.1\, ' .:
F. The City may require Proposers to show proof that they ha[6,;l.edfiteBignated as aulhorized representatives
of a manufacturer or supplier, which is the actual source of suppifi',\; lhese instances, the City may also require
material information from the source of supply,regarding the qiib[ify*packaging, and characteristics of the
products to be supplied to the City. "i;;,
26. ASSIGNMENT. The successful Proposer shall not'assign, transfer, convey, sublet or othenruise dispose of the
contract, including any or all of its;jg[1ti,lffi o, interest therein, or his/her or its power to execute such contract, to
any person, company or corpor*i,ifii, witffi|tne prior written consent of the City.
27. LAWS. PERMITS AND RffiLATIOI'IS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to completeihe,wfi afid,is.h,a1.[=e=.q ply with all applicable laws.
28. OPTIONAL€CINTRACT USAGF, Wfren the successful Proposer (s) is in agreement, other units of government
or non-profit ag l.qs may participale in purch{}.$$$ pursuant to the award of this contract at the option of the unit of
government or nonprofit agency,
",::::::= iN
29. VOLUME OF WORKry'9, BE RE9,-EIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically liSt$d i[,,lFis solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
30. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation.
RFP 201 4-0 r 5-LR
117
g MlAtvltBrACLi
31. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor
expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided, The above indemnification provisions shall
survive the expiration or termination of this Agreement.
...- . .-.-.. -.,ill'l.s \t:i-:-\ll:r\
32. CONTMCT EXTENSION. The City reserves the right to require.ithe Cdritiaclor to extend contract past the
stated termination date for a period of up to 120 calendar days in the event that a iubsequent contract has not yet
been awarded. Additional extensions past the 120 calendar days may occur as need*by the City and as mutually
33. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Prop6ials including, without
limitation, any and all information and documentation submitted therewith, are exempt from public records
requirements underSection 119,07(1), Florida Statutes, and s.24(a), Art. 1 of the State Constitution until such time
as the City provides notice of an intended decision'or u$tt[thyty (30) calendar days after opening of the proposals,
whichever is earlier. Additionally, Contractor agrees to be in with Florida Statute 119.0701 including,
but not llmited to, agreement to (a) Keep and mairitAin that ordinarily and necessarily would be
required by the public agency in order t0 perform the seilioe"$l (b) p public with access to public records on
the same terms and conditions that the'public agency worild provide tlie records and at a cost that does not exceed
the cost provided in this chapter or as othenrvise provided by law; (c) Ensure that public records that are exempt or
confidential and exempt from pubtic records dlsclosure requiEHents are not disclosed except as authorized by law;
(d) Meet all requirements fo1 retaining publidtcords and trahsfer, at no cost, to the public agency all public records
in possession of tfueeontractor upon termiaation of the contract and destroy any duplicate public records that are
exempt or confiddtitial and ei6ffid,from public records disclosure requirements. All records stored electronically
must be provid{$he public agency in a format that is compatible with the information technology systems of the
public agency. t@"
gn. MOOIrfCnffOi,lMifibRAWnL pnOpOSll-S. A Proposer may submit a modified Proposal to replace all
or any portion of a previou3l$jfiUUpg$dO Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date dt ill{ifne will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing priol to the Proposal due date, or after expiration of '120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
35. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any
or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require
the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as
said term and/or condition was originally set forth on the RFP).
RFP 20 I 4.0I 5.LR
118
E MIAAAIBEACH
36. ACCEPTANCE OF GIFTS, FAVORS. SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend to improperly influence him/her in the discharge of his official duties.
Balance of Pase lntentionallv Left Blank
RFP 2014-O15-LR
119
sEcTtoN 0300 PROPOSAL
AAIAMlBTACH
AL INSTRUCTIONS AND FORMAT
tb
SUBMITT
1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals, Additionally, ten (10)
bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information
should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation
number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through
email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposals will be considered late and not be
accepted or will be returned to Proposer unopened. The City does not accept.responsibility for any delays,
natural or otherwise.
3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of proposals, it is strongly recommended,,that proposals be organized and tabbed in
accordance with the sections and manner specified below. Had Copy submittals should be tabbed as enumerated
below and contain a table of contents with page references, Electronic a.qpies should also be tabbed and contain a
table of contents with page references. Proposals that do'h"6t ihclude the reguired information will be deemed non-
responsive and will not be considered. , ' "
Cover Letter & Minimum Qualifications
1.1 Cover Letter and Table of Contents. The cover letter must indicate Propo,ser and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
Experience & Qualifications
2.1 Qualifications ofp,'LQ gfirm..Sfuit detailed information regarding the firm's history and relevant experience
and proven track re,oord of prdfidfn$$e scOpb of services similar as identified in this solicitation, including experience in
providing similat$pe of services'tS,pblic seCtor agencies, For each project that the Proposer submits as evidence of
similar experidnddffie following is ieffijred: project description, agency name, agency contact, contact telephone &
email, and yea(s)ariU tg6m of engage@.
2.2 Qualifications of PiUpbser Team.ffirovide an organizationalchart of all personnel and consultants to be used for
this prolect if awarded, the rdl$ffit ea0h'team member will play in providing the services detailed herein and each team
members' qualifications. A reffi'bf each individual, including education, experience, and any other pertinent
information, shall be included for Sbch Proposal team member to be assigned to this contract,
2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https//supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and
as early as possible in the solicitation process. For assistance with any portion of the SQR submitta! process,
contact Dun & Bradstreet at 800-424-2495.
RFP 2014-015-LR 10
120
of Services
Submit detailed information addressing how Proposer will achieve each portion of the scope of services and
technical requirements outlined in Appendix C, Minimum Requirements and Specifications.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to comolete a fullv review and score the oroposed scooe of services.
ID AAIA,\,{ISTACH
Note: After proposal submittal, the City reseryes the right to reQuire additional ffi from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including,'bul not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, bufi limited to, annual
reviewed/audited financial statements with the auditors notes for€a"Q,[ of theii last two complete fiscal years).
w
%n{{,,r
h and
Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed
information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline,
on time and within
al
Submit a completed Cost Proposal Form (Appendix E). , :,i
RFP 2014-015-LR
121
IAMIBTACI.I
sEcTtoN 0400
1, Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the solicitation, lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below, lt is important
to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation
Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2
Evaluations will be fonruarded to the City Manager who will utilize the results to make a recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria liSted below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established
belowforStep1,QualitativeCriteria.lndoingso,theEvaluation,Comni"itteemay:o review and score all proposals received, wi{h1dr without conducting interview sessions; or
review all proposals received and short-liSt ones more&posers to be further considered during
subsequent interview session(s) (using the same criteria),,.S
lD trrl
PROPOSAL EVALUATION
Proposer Expe rience and Qu al ifi cation s, i n cl @g,,Fin,q.q...9,ial Capabi lity
3. Step 2 Evaluation. Folloiln(i='i!ip.qesult$''bf Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria point$ tobedfl, ,r,J,,,lh.,_g_.P",,pprrtment of Procurement Management to those points
earned in Step 1, as-follows, =_ =+_ i"#o
25
20
Co_tt Proposal
Approach and Methodology
Miami Beach-Based Vendor Preference
Veterans Preference
4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
Samole Obiective Formula for Cost
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illuskative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(lowest cost / cost of proposal
being evaluated X maximum
allowable points = awarded
points)
Round to
Total
Points
Awarded
Vendor A $100.00 20 $1 00 / $100 X20 = 20 20
Vendor B $150.00 20 $1001$150X20=13 13
Vendor C $200.00 20 $100/$200X20=10 't0
RFP 20r4-0r5-LR 12
122
g :',ltl,{, rrrt [$tACF"j
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management" Step
1 and2 scores will be converted to rankings in accordance with the example below:
* Final Ranking is presented to the City Manager foifurther due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation untilsuch time as the City Mahager has made his
recommendation to the City Comm.ission, which may be different than final
ranking results,
Committee
Member 1
Step 1
Points 82 76 80
Step 2
Points 22 15 12
Total 104 9'r 92
Rank 1 3 2
Commiftee
Member 2
Step'1
Points 79 85 72
Step 2
Points 22 4C 12
Total 101 '100 84
Rank 1 2 5
Committee
Member 2
Step 1
Points 80 74 bb
Step 2
Points 22 15 12
Total 102 89 ao
Rank I 2 3
RFP20140t5tR
123
APPENDIX A
g MtAe&t mm&ilh{
'ffi
t.
Pro poso 1,ffi"rtific o tio n,
auesti%rum$ &
Req uiremehts Affid ovit
4
Psyc
:.'''rymtt, 1or4 or s-LR
hU,[mgLCo! Services for Employees
DEPARTMENT OF PROCUREMENT MANAGEMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
124
Sollcitation No:
2014-01 5-LR
Solicitation Title:
Psvcholooical Services for Emolovees
Procurement Contact:
Lourdes Rodriquez
Tel:
305.673.7000 x 6652
Email:
lourdesrodriouez@miamibeachfl .oov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer lnformation. :: l
FIRM NAME:
No of Years in Business:NoofYearsinBusinessLocally: I No.ofEmployees:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEAR-q:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
\sTATE: 'u4..,--\.u$.\, fil
PRIMARY ACCOUNT REPRESENTATIVE FOR [HIS ENGAGEMEIIIT=
ACCOUNI.REP TELEPHONE NG.:
ACCOUNT REPTOLL FREE NO.:
ACCOUNT REP E[4AIL:
FEDERAL TAX IDENTIFICATION NO,:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
Miami Beach
RFP 2014-015-LR
AppendixA-Pagel
125
3.
Miami Beach Based (Local) Vendor. ls Proposer claiming Miami Beach based firm status?
[__-l vrs [__-l tto
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the
City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, as amended, to
demonstrate that the Proposer is a Miami Beach Based Vendor.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
[---l vrs [-__l r,ro
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
=.:::::::=Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the Citl o{ Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indireetly, aninJerest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any'officer, director, ag.eqt, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. ProposeiS must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of
its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
.e"
SUBMITTAL REQUIREMENT: For each reference $upiiiittedlhe following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, S) Cilgtact's'email'and 6) Narrative on Scope of Services Provided.
Litigation History. Proposer shafl submit.a statement oi.iHhy,fiilgrtion ortdiii,ory action that has been filed against your firm(s)
in the last five years. lf an action has been filed, state and dgscribe the litigation or regulatory action filed, and identify the court or
agency before which the action was institut&, the applicable! case or file number, and the status or disposition for such reported
action. lf no litigation or regulato$action haS been filed against,ygur firm(s), provide a statement to that effect. lf "No" litigation or
regulatory action has been filed a$dnst your m(s4,,please provide a statement to that effect. Truthful and complete answers to
this question may.11g!-.necessaiity disqualify a fiim from consideration but will be a factor in the selection process.
untruthful;,;
-.i#t€edingtu,tiffii,F,6nl*ut
,l:jn:. question shall result in the disqualification of the firm for this project.
SUBMIX|I i REQUIREMENi' iihposer shall submit history of litigation or regulatory action filed against proposer, or any
propo$er tedffi tmember firm, in therfist 5 years. lf Proposer has no litigation history or regulatory action in the past 5 years, submit
a statement accordingly. ',,.
5.
6.
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Miami Beach
RFP 2014-01s-LR
AppendixA-Page2
126
7.Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 ot the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response
or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, !"0,$'hJing and ethics provision of the City of
Miami Beach and Miami Dade County. q*.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Busing$$ Etrics. ln lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as requiied in the Effiance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU
B.
9.Living Wage. Pursuant to Section 2-408 oI the Miami Beach City Code, as same may be amendE#.om-iime to time, Proposers
shall be required to pay all employees who provide services purSuant to this Agreement, the hourly liffi$fuage rates listed below:
. Commencing with City fiscal year 2012-13 (October 1, 20121& hoUrly living rate will be $,{1.28lhr with health
benefits, and $12.92/hr without benefits. ,.,
The living wage rate and health care benefits rate.Lllay, by Resolution of. City Commission be indexed annually for inflation
using the Consumer Price Index for all Urban Consufidn,GPl-U) Miami/Ft. ['duderdale, issued by the U.S. Department of Labo/s
Bureau of Labor Statistics. Notwithstanding the preceding, noannual index shall'Ex0eed three percent (3%). The City may also, by
resolution, elect not to index the living wage rate in any+art'ffik?'=f.qg;f it determines it would not be fiscally sound to implement
same (in a particular year). =
===
-=-@gnrr=-
Proposers' failure to comply with this provision shall be deffid a materiali'breach under this proposal, under which the City may,
at its sole option, immediately. deem said Proposer as nonJrrtiponsive, and may further subject Proposer to additional penalties
and fines, as provided in the Citv's Living Wpge Ordinance, ard amended. Further information on the Living Wage requirement is
available at www.miamibeachfl.$ov1pro.r,rmi,,lil,
.,J,$,
,.
SUBMITTAL
to the living
: No additibnal submittat'isrcduired. By virtue of executing this affidavit document, Proposer agrees
10.
'J-l--o--.-'.'%.$
equar-6--eii!s. for Employees-fttili1pporr.-* Employees with Domestic Partners. When awarding competitively solicited
contracts valuEiF-...at over $100,000 S.,ff-f"se contractors maintain 51 or more full time employees on their payrolls during 2l) or more
calendar work ffis, the Equal genefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doinq businesscalendar work a the Equal
with the City of Mihliij,@ch, w
Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Mihiiii@ach, who #awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their
employees with domt!''#partner they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work withiR: e.-G* limits of the City of Miami Beach, Florida; and the Contracto/s employees located in the United
States, but outside of the C@:-I Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
l-__l ves [-l r.ro
B, Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
Miami Beach
RFP 2014-01s-LR
AppendlxA-Page3
[--l ves I--_l r'ro
127
Please check all benefits that apply to your answers above and list in the "other" section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a spouse or
domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic
partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
with the requirements of Sectid-i?287.1 Statutes, and certifies it has not been placed on convicted vendor list.
12. Acknowledgement of of solicitation, the City may release one or more addendum to the solicitation
which may provide additional or alter solicitation requirements. The City will strive to reach every
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your cOntrol, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be ehgible for Reasonable Measures compliance. To
eomply on this basis, you must agree to pay a cash equivalent and suboit a C0mpfeted Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application witl be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City - 's decision is ftnal Further information on the Equal
Benefitsrequirementisavailableatwww.miamibeachfl.gov/procuV.
11. Public Entity Crimes. Section 287.133(2)(a), Florida Statute$<EF;6Br.1ently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor liBEf$11qw;ng,s'Conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods tit*g ces to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or' iriif of a public building or public work; may not submit
proposals, proposals, or replies on leases of real property to a public entity;'rnay not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contractwitr any public entity; and'ifay-...oot transact buslness with any public entity
in excess of the threshold amount provided in s. 2871017 for OATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list. . i
SUBMITTAL REQUIREMENT:.No addilional submittal is ilqUireO By virtue of executing this affidavit document, Proposer agrees
Addendumtection certifies th SefropoS{..has re-ceived all addendum released by the City pursuant to this solicitation. Failure
to obtaiffid acknowledge receifi tt aooe'na-*miy result in proposal disqualification.
lnitial to eonfln
Rece-r'rni,:...,,,
lnitial to Confirm
Receinl
lnitial to Confirm
Receiot
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum'10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
Miami Beach
RFP 2014-01s-LR
AppendixA-Page4
128
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject pt'oposals, and
may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's afflliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion *
The information contained herein is provided solely for the convenience of prospective Proffirs. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City Ooes ng.fli(gffiany assurances as to the accuracy of any
rely exclusively on their own investigations, interpretations, and analyses. The soiicitation is being provid$. the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or?.E-iBes€ntation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation,urapproval.
The City shall have no obligation or liability with respect to this solicitation, the seiection and the award process, oi whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to beffitrnd by the terms hereqfALry Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of;q# ffi,,,4,,.. ubmitting such P:,lg1,osal
.=
This solicitation is made subject to correction of errors, omissions, oi*igarawat from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement. 'l li,lno
-= ,
.- _
The City and all Proposers will be bound only as, if and when a"F,:rc@ (or Pro{pals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved .nO .r".r1dd$ the partie$and then only pursuant to the terms of the definitive
agreements executed among the partt"e.-s.. Any redpqnse to this solicitatpn may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to t'e City. .5.
The City is governed by the Governmenlin-the-Sunshlne Law, and all Prqipo5als and supporting documents shall be subject to disclosure as
required by such law. All P1o_p=o_sals shall be submitted in sealed4ropo'sal form and shall remain confidential to the extent permitted by
Florida Statutes, until th- E.en*;FB.e,,selected for opening the id5Bonses. At that time, all documents received by the City shall become
public records. ,:ltt,liii;"' '*rri ru
't'::
Proposers are oqected to make all disclosuies and decfarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agr$$at the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in @=,F.rpposal, and the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifi es th It?#i,e- i nrorm ation in the Proposal is true, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or tained in the solicitation, all Proposers agree that in the event of a final unappealable judgment
by a court of competent jurisdiction imposes on the City any liability arising out of this solicitation, or any response thereto, or any
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
Miami Beach
RFP 2014-01s-LR
AppendixA-Page5
129
I hereby certify thaL l, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Certification, Questionnaire and Requi Affidavit are true and accurate.
State of On this _day of
-,
20-, personally
appeared before me
County of )stated that (s)he is the
of a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of
My Commission Expires:
d;ir,,,i,'
'\:::::::::t::::= /:;:a.)a|:!-':-ti:::::::;:'= :itiilill'
''.i;!:.1,,:?* lli/...;.L4a::a::1! .q,1;?
wu="
Miami Beach
RFP 2014-015-LR
AppendixA-Page6
130
g AATAMI nr*tn
Employees
APPENDIX B
.,\$$,
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33.l39
"No B
131
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
-
unabte to meet specifications
_**N**_Unable to meet service requirements "==
.{(
Unable to meet insurance requirements=. . \\il
-Do
not offer this producVservice
=
-OTHER.
(Please specify) r '"
N,,Z,i:siir::::=r\=
i+:'
We do do riot waht'to be retain&
of this tvpe piOtiuct anoh-i service. =
.s9
on your mailing list for future proposals
Sigt4l11.rptr
.::\l-:
rilif; le:
Legal Company Name:
Note: Failurel*-spond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPARTMENT OF PROCUREMENT MANAGEMENT
ATTN: Lourdes Rodriguez
PROPOSAL #2014.01s.LR
1700 Convention Genter Drive
MIAMI BEACH, FL 33139
Miami Beach
RFP 2014-015-LR
AppendixB-Page l
132
APPENDlX C
ervices for Employees
# MIAMX NrACH
Minimum eq emen
& Spe NS
15-LR
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
133
C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed
below. Proposer shall submit detailed verifiable information affirmatively documenting compliance
with each minimum requirement. Proposers that fail to comply with minimum requirements will be
deemed non-responsive and will not be considered.
A. Successful Proposer shall be in the business of providing the services as described in
this RFP for a minimum of three (3) years.B. Successful Proposer's team shall include a licensed psychologist. Proof of licensing
must be submitted with Proposal or within three (3) days as requested by the City.
C2, Statement of Work Required. The City of Miami Beach is contracting the professional
services of an experienced and qualified firm to conduct valid, reliablgand cross-cultural testing of
police officer, police public service aide, detention officer, communications operator, police
dispatcher, police complaint officer, firefighters and fire rescue dispatcher applicants at the
Contracto/s facility located in Miami-Dade County. The.te ng is requiredrby the City as part of a
thorough background investigation of applicants. The purpose of these services is to evaluate
whether said applicants are acceptable candidates,i Additionally;,,psychological testing may include
fitness-for-duty evaluations for City personnelon ah as needed pa$is.
The Scope of Service encompasses four (4) parts: p.rt"iil
Services for Sworn Personnel, and
Firefighters and Fire Rescue DispatchdrS,
and Part lll: Pre-Emplovment Psychologiqal Servic*q...for Civiliah Personnel, and Part IV:
Fitness for Duty, as described below, Propo(ers shbll provide.Paii l, Part ll, Part lll and Part lVservices....:.==
::::,:,,1 " i ir= ., ..,....:
It is anticipatd that sworn applffis will be iequired to receive pre-employment psychological
screening services. The Police Deffiment is currently comprised of 381 sworn personnel, and
appr:oximately 100 sworn applicants areanticipated to be processed during FY 2013/14. The Fire
Departmenthnticipates 150 firefightemnd 20 fire rescue dispatcher applicants are anticipated to
be process during FY 2013114. This is an estimate only and the City shall not be required to
adhere to this estim?t dunng the contract period.
On an annual basis, it is anticipated that personnel may require some counseling services.
Successful Proposer shall be available, 24 hours per day, 7 days per week, should it be needed, to
provide Psychological Services to employees at the direction of the Chief of Police or his/her
designee of Fire Chief or his/her designee, or the Director of Human Resources or his/her
designee. Successful Proposer shall ensure confidentiality of counseling services provided to
employees.
Miami Beach
RFP 20'14-015-LR
AppendixC-Page1
134
Part lll: Pre-Emplovment Psycholoqical Services for Civilian Personnel
It is anticipated that civilian applicants will be required to receive pre-employment psychological
screening services. Approximately fifty (50) civilian applicants for the Police Department are
anticipated to be processed during FY 2013/14. These are estimates only and the City shall not be
required to adhere to these estimates during the contract period,
Part lV: Fitness for Dutv
The contractor shall administer and interpret additional psychological$sting for police officer,
police public service aide, detention officer, communications operatoi, police dispatcher, police
complaint officer, firefighters and fire rescue dispatcher applicants thht have been mandated for a
fitness for duty evaluation. ,'S
c3. specifications. ;:
"q'
The Scope of Service encompasses four (4) parts: Fart I: A. P$'Emplovment.F$vcholoqica!
Services for Sworn Personnel, and B. Pre-Employfilent Psycholoqical' Services for
Firefiqhters and Fire Rescue Dispatchgrs, Part ll: Psychglos ;
and Part lll: Pre-Employment PsycholQ$i$af Services foi:Givilian Personnel, and Part lV:
Fitness for Duty, as described below. Prdposers shall provide Part ]r Part ll, Part lll and Part lV
services. Failure to provide all services in Part l, Part u;f.art 11t and Part lV may deem Proposer as
non-responsive. lt is the intent of the City to al#affiffl'Pa'ItBi .Sfe (1) contractor.
PERSONNEL
A. BACKGR,,glrND,,i,..-,,,='
-=
*,. l
:::::try"
It is anticipated that sworn rpplIt is antifuated that sifrUffi spplicants will be required to receive pre-employment psychological
screehing'.se,ryices, The Pojice Department is currently comprised of 381 sworn personnel, and
approximatel,# ilpO sworn applifiants aie anticipated to be processed during FY 2013114 This is an
estimate only'aridLhe City sh$ll not be required to adhere to this estimate during the contract
E FOR
period. '
1g* g.,l-,rSt[N
B. SCOPE OF SERVr$ES
1, TEST ADMINISTRATION/ VALIDITY EVIDENCE
Successful Proposer shall create, administer and interpret one or more tests with
demonstrated ability to identify applicant's suitability for police work or careers in law
enforcement.
Miami Beach
RFP 2014-015-LR
AppendixC-Page2
135
ln the administration of the test, Successful Proposer shall indicate which of the following
abilities and characteristics, identified through the most recent job specifications of the
police officer position are measureable through the various instruments proposed:
a. Coqnitive Abilitieso Ability to learn and apply new information.o Ability to accurately remember the important details or concepts in written or verbal
information.o Ability to devise practical and appropriate solutions to problg--,,--,,--,,--,,ms, even where there is
no standard procedure, using "common sense" and gooditi'd$ment.o Ability to reevaluate decisions when presented with ner information, and modify
course of action, if necessary". Ability to plan and manage work activities so
,= Eiii,i,t
that fequired'f$fp, are completed and
b. lnterpersonalAbilities = r.=o Ability to interact effectively with people'from a' wide variety of cultural and
socioeconomic backgrounds.o Ability to tolerate difference iEl:.g,9.sisl/ cultural values and practices.o Ability to display interest in, c6 d ln for, and consideration of, the needs and feelings
of others.o Ability and willingness to speak and interactwith citizens in a non-threatening manner,o Ability to work-.gq.qperatively with fellow officers and foster teamwork,
.,r'.:::r:..:::::::,.::, rlLrr,4
peiSofiel'b],, s oi'8tth.",l,ignal reaefiffi s.
Ability to iesp*d to qUestions directly with essential facts, analysis, and rationale.
o . Ability to read'and..underst ffiU a wide variety of written materials.. Ability to record visual observations and spoken information accurately in writing.. Ability to use propdr English grammar, spelling, punctuation, and structure in written
communications.
d, Motivation
o Ability to shffi , firmne$s, and seltconfidence.
Ability,,-to comftUlfii0.5t6+int0.r. hd instructions factually without inteqecting
Willingness to put in extra effort to acquire new knowledge or skills, or to remedy
performance deficiencies.
Willingness to persist and maintain diligence in fulfilling routine, tedious, difficult, or
unpleasant assignments.o Willingness to seek out and complete additional tasks during slow periods.. Willingness and ability to complete necessary work steps and assigned tasks
independently with little prompting and intervention.o Ability and willingness to maintain dependable work habits, such as reporting for duty
on time, with little prompting and intervention.
Miami Beach
RFP 2014{15-LR
AppendixC-Page3
136
e. Personal Maturity and lnteqrityo Ability to maintain self-control, patience, and persistence in response to frustration,
hostility, or adversity.o Willingness to assume accountability for actions and decisions.o Willingness and ability to admit mistakes and deficiencies to others and take
constructive steps to remedy them.o Willingness and ability to follow laMul orders, rules, regulations, and procedures,
without undue questioning, resistance, or complaint.
.Abilityandwillingnesstoexerciseindependentjudgment.
. Ability to withstand pressure from others and stick by decisiohs or courses of action
judged to be proper and appropriate.o Ability and willingness to release personal stre ind tensfon in appropriate, non-
destructive ways.. Willingness and ability to resist using autlpfif, olposition for p nal gratification or
gain.. Willingness to refuse favors, specffiprivilegeSgr. and/or gratuitieftffered by
shopkeepers and/or residents without givin$ ofuSq.l6'f ireating ill-will.
.:::::::::::,=L
2, CLINICAL INTERVIEW ru"
Successful Proposer shall conduct a clinical interview foitii--Erypose of confirming written
test findings and identifying evidence of the following: =i:i
a
a
a
a
o
a
Psych i atric h is1ory1- ttr 11p
Reported d.rin #' tc$ l usage, ,.::il,i
Employrn6q
Prior arrests
y/ p@lems
alPdlems
Family history
Anydthei
3: REPPRTING PROCEDURE I'r
Proposer shall submit,a repofl on all written tests and clinical interviews conducted on a
per person basis. These reports shall specify, at a minimum, the scoring and interpretation
of the testlinterview(s) and stipulate rating category types of acceptable, marginal, or
unacceptab'1e and rebsons thereof, and/or any sub-categories utilized.
It is the expectation of the City that the results of the tests/interviews be submitted in
written format to the City in any expeditious manner so as to eliminate delays in the hiring
process of law enforcement personnel"
Additionally, the Successful Proposer shall defend and/or represent the City in any legal
proceedings should any claims or allegations about the validity of the test battery be made
by any individual(s).
Miami Beach
RFP 2014-01s-LR
AppendixC-Page4
137
PART I SERVICES: B. PRE.EMPLOYMENT PSYCHOLOGICAL SERVICE FOR FIREFIGHTERS
AND FIRE RESCUE DISPATCHERS
There are two Phases of evaluation: Phase 1 is the personality suitability evaluation, and Phase 2
is the emotional stability evaluation. For the Miami Beach Fire Department, Phase 1 will be
conducted as a pre-employment evaluation and Phase 2 as post conditional offer of employment.
A. Firefiqhters
The Contractor shall administer and interpret one or more tests; which shall identify and
screen Firefighter applicants, who possess the following ps.y..,g,,! gical characteristics:
Phase 1, Personalitv Suitabilitv Evaluation
\.1 Maturity
2. Responsibility
3. Socializationadequacy
4. Flexibility
5. General academic potential
6. lnterpersonal conflict measures (assertiveness, moodiness, social alienation, family
discord)
7. Social ability
B. Initiative/goal orientation
L Strong Racial or ethnic prejudice
10. Job performance predictions of absence, lateness, and disciplinary actions.
Phase 2: Emotional Stabili.tv Evaluatron :l
=.=='. - ' ".
1. +dychosis= ,-=_.,.
,
2. Character di@ers (especially anti-social personality disorders)
3. {ignificant neuiotic symptomatology (phobic personality, undue suspiciousness)
4.'=,:El,=q,ed d isorders (anxiety, dep ression )5. Poori impulse contffil (anger/hostility patterns)
6. Need fori high levols of excitement
7 . Tendency to be Very passive or aggressive in the face of conflict
8. Strong racial or ethnic prejudice
9. Poor self-cbncept
10. Job performance prediction of absence, lateness, and disciplinary actions
1 1. Substance abuse tendencies
B. Fire Rescue Dispatchers
Phase l: Personally Suitabilitv Evaluation
1. General academic potential
2. Maturity Miami Beach
RFP 2014-01s-LR
AppendixC-Page5
138
3. Responsibility
4. Flexibility
5. Compliance with rules and regulations
6, High stress tolerance
7. High tolerance for routine
8. Ability to interact closely with co-workers
9, Ability to work in a structured, clearly supervised work environment
10. Ability to work as a team member
Phase ll: Emotional Stability Evaluation
,pr=
1. psychosis
rq * iii.=2. Character disorders ,ri,:::.:,:,.: .:i:::r.i{+},
3, S i g n ificant anxiety sym ptomatolog y (phob ias, u nd uiisuspiii{Q$.ppss)
4. Mood disorders (depression)
5. Poor impulse control (anger/hostility)
6, Strong racial or ethnic pre.yudice
7. Poor self-concept
8. Substance abuse tendencies
oJ.
PART ll SERVICES: PSYCHOLOGICAL SERVICES FOR EMPLOYEES
:.
t:T::::::
, is anticipated that personner ,.n*' ,..0,,,.. ,:,n. ,,-.e(s) as derineated
below. - .::
Successful Proposer shatl=b ail r ..1r''[ours pqr day, 7 days per week, should it be needed, to
provide Psychological€ervice@ efipE$B$$11ifit the direction of the Chief of Police or his/her
designee, oi Fire Chie=fg hiSffidesignee, or the Director of Human Resources or his/herdesignee'
=,,,, , *%,l[***
Successful Proposer shall ensure confidentiality of counseling services provided to employees.
B. SCOPE OF..ERVICES, COUNSELING SERVICES
1. Successful Proposer shall provide counseling, including but not limited to the following
areas:o Post traumatic (incident) counselingo Crisis intervention
Miami Beach
RFP 20'14-015-LR
AppendixC-Page6
139
PART lll SERVICES: PRE-EMPLOYMENT PSYCHOLOGICAL SERVICES FOR CIVILIAN
PERSONNEL
A. BACKGROUND
It is anticipated that civilian applicants will be required to receive pre-employment psychological
screening services, Approximately fifty (50) civilian applicants are anticipated to be processed
during FY 2013114. These are estimates only and the City shall not be required to adhere to these
estimates during the contract period.
. :
ln those instances in which civilian applicants undergo a prq-employment psychological evaluation,
the evaluation shall be based on the relative specific position,
1, TEST ADMINISTRATION/ VALIDITY EVIDENCE
Successful Proposer shall create, administer and interpret one or more tests with
demonstrated ability to identify applicant's suitabillff e pOSition.
ln the administration of the test, Successful eropor.i-E;4.indicate which of the following
abilities and characteristics, identified'through the most recent job specifications of the
position are measureable through theyriousiihslrum_ents. posed:
. Adequatet$B*ffif nkills and commuhications. Problem-solving, learning ability and multi tasking. Com'ijlidhee with rule-s, regulations and procedureso A b i I i ty to wo.tF.w i th in;.{. p..,a p1 p lj!"11;y,s e tt i n g
o ,'Good judgme d deci$iUflr Rflng in crisis situations. Stress tolerance. Reliable tebm m. .S
Adequate self.controlft attention to safetyr Positive work habits and conscientiousness. Absence of self-destructive behaviors that could affect job performance. Emotiornal stability necessary to perform the job
2, CLINICAL INT.iRVIEW
Successful Proposer shall conduct a clinical interview for the purpose of confirming written
test findings and identifying evidence of the following:
. Psychologicalhistory/treatment. Reported drug or alcohol use. Employmenthistory/patterns. Legal history/arrests etc.. Serious family problemso Financial/credithistory
Miami Beach
RFP 2014-01s-LR
AppendixC-Page7
140
3"
o Educational historyo Sexual misconducto Military history. Any other relevant potential background problems
REPORTING PROCEDURES
Proposer shall submit a report on all written tests and clinical interviews conducted on a
per person basis. These reports shall specify, at a minimum, the scoring and interpretation
of the tesUinterview(s), and stipulate rating category types o-f+ceptable, marginal, or
u n acceptable and reasons thereof , and/or any su b-categories-utili2ed,,
It is the expectation of the City that the results of rc;=ili e rviews be submitted in
written format to the City in any expeditious manner so qs to eli delays in the hiring
process of personnel
,
Additionally, the Successful Proposer shall,defend andlor represent the Citv in any legal
proceedings should any claims or allegations ab,out the validity of the test battery be made
by any individual(s).
reffix
\
At the request of the Chief of Police or his/hei'desidriee, oFF,iffihief or his/her designee, or the
Director of Human Resources','6f.his/her desig.iiBt, the Conliactor shall administer and interpret
additional psychological testing for0ty employees that have been mandated for a fitness for duty
evaluation.
li:r::
\iS.;;
-iis'i L
..i\\'
Miami Beach
RFP 2014-01s-LR
AppendixC-Page8
141
APPENDIX D
&
ffi
Eltr /UIAAAI BTACH
Specio Co rons
201 Is-LR
es for Employees
PROCUREMENT DIVISION.l700 Convention Center Drive
Miomi Beoch, Florido 33139
Psyc
142
1.
2.
TERM OF CONTRACT. The contract shall commence upon the date of notice of award and shall
be effective for two (2) years.
OPTION T0 RENEW. The City, through its City Manager, will have the option to extend for two (2)
additional two-year periods subject to the availability of funds for succeeding fiscal years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder.
This prerogative will be exercised only when such continuation is clearly in the best interest of the
City.
FAILURE T0 PERFORM. Should it not be possible to reach the contractor or supervisor and/or
should remedial action not be taken within 48 hours of any failure to perform according to
specifications, the City reserves the right to declare Contractor in.default of the contract or make
appropriate reductions in the contract payment.
ADDITIONAL SERVICES. Services not specifically id-eiitified in this request may be added to any
resultant contract upon successful negotiations ahq, 0 altonsent of the iontracting parties.
RECORDS. During the contract period, ,nC } L-"f least five (5) subsequent years thereafter,
Successful Proposer shall provide the City to all fileS pg"q.AS maintained on the City's behalf.
3.
4.
5.
Miami Beach
RFP 2014-XXX.AB
AppendixD-Page'l
143
g AAIAAAIBTACH
Cost Pr
APPENDIX E
@rm
201&1 5-LR
Ces for Employees
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
144
APPENDIX A
PROPOSAL TENDER FORM
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in
full accordance with the requirements of this lTB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5)
shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil
shall be deemed non-responsive. All corrections on the Bid Price Form (Section 5) shall be initialed,
Miami-Beach Police Department:
=
Sworn Employees:
Civilian Employees:
Rate $x 100 = $
Rate $-'- x 25 = $
Miami Beach Fire Rescue Department:
Phase l:
Rate $
Rate $
lir* 'i*,M
Firefighters:
Fire Dispatchers:
Phase ll:
Firefighters:
Fire Dispatchers:
Hourly Rate: $
Rate $x 150 = $
Rate $____ .r*,,6ffi= $
x 150 = $
x 20=$
^uv-o_
Part ll - Psychological Services,,.,f i Employ€-*;. Proposers shall provide both a cost on an hourly basis; and shall provide an
all-inclusive cost to provide an$aFf$ese serviObs and regardless of the number of individuals seeking such services, on a
monthly basis, with the understandifiG$ servires are on an as needed, when-needed basis. lt will be the decision of the City
whether to utilize the hourly rate, or theJee'f&Oepg&itfl,p,D,ffiwhich is in the best interest of the City.
Part lll - Pre-Employm€nt Psychological $ervices for Civilian Personnel. Proposers must provide a cost on a per individual
basis to provide all required services. Proposers shall additionally provide in detail any and all costs associated to defend andior
represent the City in any legal proceedings on a per individual basis if the finding/recommendation of the Successful Proposer is
contested by an applicant(s). These costs, if applicable, shall be itemized in detail. Further, any additional services and their
associated costs not addressed in Fart C of the Scope of Services but which may be requested or required of the City shall also
be detailed in your proposal.
Monthly Rate*x12=$
Cost per lndividual: $x50=$
Cost related to legal proceedings: $- x 6 = $
Miami Beach
RFP 2014-01s-LR
AppendixE-Page1
145
Part lV - Fitness for Du$ Evaluation. Proposers shall provide a fix price per evaluation.
Cost per lndividual: $_ x 12 = $_
GRAND TOTAL FOR PARTS l, ll, lll and lV:
Company:
Au$odzed Representative:
Miami Beach
RFP 20'14415{R
AppendixE-Page2
146
APPENDIX F
ffi$&,\AtmrAilN
lnsuronceffiquffiments
.-: "\l , -t,
= nrP
- li.:::lijr,r
Psy=G.h..=}:l€iCH
!: :aa:::t*8. ;
R
r Employees
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
147
XXX,I.
XXX 2.
g nAIAM* wt&ilN
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida.
Comprehensive General Liability (occurrence form), limits of liability $ 1,000.000,00 per occunence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Contractual Liability. Contractual Liability and Contractual lndemnity (Hold harmless endorsement
exactly as written in "insurance requirements" of specifications). ,
XXX 3, Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included.
_4. Excess Liability - $_.00 per occurrence to fohw the primary coverages
XXX 5. The City must be named as and additional insured-=s*lhetability policies; and it must be stated on the
certificate,
_ 6. Other lnsurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and lndemnity
_ Employee Dishonesty Bond
Other
XXX 7.
XXX 8.
XXX 9.
Thirty (30) days wqi..H cani
Best's Ouide ratifiBffil or
The certificate must stdffi th
notice reQuired,
, latest edition:
willfilfiIll.#ff*nd titre
The City of Miami Beach is SElffisureffiny and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Staty!,g 768.28, the Florida Constitution, and any other applicable
Miami Beach
RFP 2014-015-LR
AppendixF-Page 1
=
&
148
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) For Claims
Administration Services By A Third Party Administrator For Workers' Compensation And General
Ensure iture Trends Are Sustainable Over the Lonq Term
N/A
Item Summary/Recommendation :
The City of Miami Beach (the "City") is approved by the Florida Department of Labor and
Employment Security/Division of Workers' Compensation to self-insure for Workers' Compensation.
However, the Division of Workers' Compensation of the State of Florida requires that the claims
administration be provided by a State Certified Workers' Compensation Claims Administrator, also
known as a third-pafi administrator (TPA).
Currently, the City has a contract with the Johns Eastern Company, as the State Certified Workers'
Compensation Claims Administrator. The current Agreement expires on January 31,2015, with no
further options to renew.
To continue services upon expiration of the current agreement, the City is seeking approval to
release Request for Proposals (RFP) 2014-302-SW, for the required services. The City is seeking a
three-year contract proposal with two (2) 1-year option to renew periods. The commencement date
of the replacement contract will be February 1,2015.
Through the RFP, the City of Miami Beach is seeking proposals for third party claims administration
services for its self-insurance Worke/s Compensation program. The administrator will provide all
specified adjusting services for all claims as well as all other required services, such as
administrative, managed care/medical case management, computerized claims/loss statistical
information (RMIS) and banking/loss fund reconciliation. The specific required services are
outlined in greater detail within the RFP.
RECOMMENDATION
the lssuance of the RFP
Financial lnformation:
Financial lmpact Summary:
540-1790-000312
Agenda 11sm C2D
Date 7-lY I Ll(D AAIAMIBEACH 149
City Commissioner Memorandum - Claims Administration Service by a TPA for Workers' Compensation and General Liability
July 23,2014
Page 3 of 3
City of Miqmi Beoch, I200 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
MIAMIBEACH
TO:
FROM:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: REQUEST FOR APPROVAL TO THE ISSUANCE OF A REQUEST FOR
pRoposALs (RFp) FoR cLAtMS ADMTNTSTRATTON SERVICES BY A THIRD PARTY
ADMINISTRATOR FOR WORKERS' COMPENSATION AND GENERAL LIABILITY.
ADMTNISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
KEY INTENDED OUTCOME
Ensure Expenditure Trends Are Sustainable Over the Long Term
BACKGROUND
Tf'ercity of trliami Beach (the "City") is approved by the Florida Department of Labor and Employment
SecurityiDivision of Workers' Compensation to self-insure for Workers' Compensation. The Division of Workers'
Compensation requires that the claims administration be provided by a State Certified Workers' Compensation
Claims Administrator.
On December 9, 2009, the Mayor and City Commission authorized the Administration to execute an Agreement
with Johns Eastern Company, as the State Certified Workers' Compensation Claims Administrator. The
Agreement period was for two years with renewal options for three additional one-year periods. The
Administration has continued the Agreement through option years one, two and three for a total service
agreement period of five years. The current Agreement expires on January 31, 2015, with no further options to
renew.
The City is seeking a two-year contract proposal with three (3) 1-year option to renew periods. Proposals to
handle only selected parts of the scope will not be considered. lt is understood by the successful proposer that
all services are to be provided by the proposer's employees and cannot be contracted out to another party
without the prior approval of the City. The commencement date of the contract will be February 1, 2015. The
City's current claims administrator is John Eastern Company. Johns Eastern has provided administration for the
City's self-insured worker's compensation program since 1986.
SCOPE OF SERVICES
fne City of Miami Beach is seeking proposals for third party claims administration services for its self-insurance
Worker;s Compensation program. The administrator will provide all specified adjusting services for all claims as
well as all other required services, such as administrative, managed care/medical case management,
computerized claims/loss statistical information
(RMiS) and banking/loss fund reconciliation. The specific required services are outlined in greater detail within
this request for proposals.
The City has approximately 1,900 employees, and averages 345 claims annually. The breakdown is estimated
at 239 inedicai only and i06 lost time. Currently there are approximately 418 open claims. Prior to October
19g6, the City purthased excess workers' compensation insurance. The City does not currently purchase
excess workers' compensation insurance.
150
City Commissioner Memorandum - Claims Administration Service by a TPA for Workers' Compensation and General Liability
July 23,2014
Page 3 of 3
ln agreement with Ordinance No. 1335, the City pays Supplemental lnjury Pay for a maximum of 32 weeks, for
employees who have a work-related injury but remain absent due to restrictions resulting from their injury. The
Supplemental lnjury Pay is the amount equal to the difference between their normal City pay and the amount of
compensation payable under the provisions of the Workers' Compensation law of the State of Florida. This
benefit allows employees to receive their full pay while absent due to an approved work-related injury. ln view of
this, temporary total indemnity benefits will not need to be paid by the claims administrator unless the injured
employee is eligible for temporary total benefits in excess of 32 weeks. ln addition, certain medical conditions
and work related activities are covered under workers' compensation for police and fire personnel pursuant to
union contract.
All proposers are to assume the complete handling of all future and past claims now being handled by our
present Claims Administrator (see attachment A for open/closed claims for all years), along with all new claims.
The information provided regarding the volume and type of pending claims to be assumed is based on the latest
information provided to the City and cannot be guaranteed as to its accuracy. lf the amount of prior claim files to
be taken over is 25o/o grealer than represented in this RFP, the City will consider a proportionate adjustment to
the proposer's flat annual fee. lt is the responsibility of the proposer to review prior claim files to determine the
additional proposed cost, if any, to take over these files. lt is also required that the claim data associated with all
claims occurring priorto February 1,2015, be transferred into the proposer's computer information system, so
that future loss runs will contain a complete history of all claim years. The transfer of all claims data must be
completed by June 1,2015. The proposer is responsible for specifically indicating in their proposal the fees, if
any, for assumption of prior claims and the data conversion.
The program is run on an "occurrence" basis, therefore, all claims occurring in the contract year, regardless of
when reported, are to be handled per the requirements of this agreement. The claim administrator is required to
handle all claims to their conclusion or to the conclusion of the contract, whichever occurs first, at no additional
charge to the City other than the annual fee. The contract may be terminated by either party with ninety (90)
dayJwritten notice to the other. However, any cancellation does not alter the administrator's obligation to handle
all claims prior to the termination date.
MAJOR RFP REQUIREMENTS
1. MINIMUMQUALIFICATIONS
Please Reference Section 0300, RFP 2014-302-SW.
2. SUBMITTAL REQUIREMENTS
Please Reference Section 0300, RFP 2014-302-SW.
3. CRITERIA FOR EVALUATION
Please Reference Section 0400, RFP 2014-302-SW.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the RFP for Claims
Administration Services by a Third Party Administrator for Workers' Compensation and General Liability.
ATTACHMENTS
Attachment A: RFP 2014-302-SW for Claims Administration Services by a Third Party Administrator for Workers'
Compensation and General Liability.
lLMt&tscr/AD
T:\AGENDA\20'l4Uuly\Procurement\RFP lssuance-Memo- TPA for Workers Comp and Gen Liab MEMO.doc
151
REQUEST FOR PROPOSALS (RFP)
FOR CIAIMS AD'VIINISTRATION SERVICES BY A THIRD PARTY ADII/TINISTRATOR FOR
WORKERS' COMPENSATION AND GENERAT IIABIIITY
20r 4-302-SW
"".*#, I
=
*
RFp ISSuRucEoRrE: JULy 24,2014 '"'.*nu
pnoposALS DUE: nuGuSr ii,,zala@ 3:oo PM
ISSUED BY:
# &*IAMIBIACH
Steven Williams, Procurement Coordinator
DEPARTMENT OF PRO€UREMENT MANAGEMENT
1700 Convention Center Drive, Miomi Beoch, FL 33.l39
305.6737000 x6650 | Fox: 786.373.4330 | www.miomibeochfl.gov
152
E MIAMIBTACH
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTtLtzED ."..."... .......... N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ...............3
o3oo PRoPosAL suBMITTAL TNSTRUCTTONS & FORMAT..............Jl.ii........."............10\".
0400 PROPOSAL EVALUATION ....... ..........,rir'ir". ............12
-*-nus.-s$llN$
{L\.1:::= ''.=APPENDICES:PAGE
AppENDtX A PROPOSAL CERT|F|CATON, QUESTTONNAIRE AND AFFIR TS ........14
,@+
APPENDIX B 'NO PROPOSAL" FORM ................:::,i............. ffi#r:;......23
".H
APPENDTX C MTNTMUM REQUTREMENTS & SPECTF,ICATTONS ...........................s$U':..24
APPENDTX D SPECTAL CONDTTTONS ............................................. ...............33
tPz,, =, '
. ffiffiftn. l
APPENDIX F INSURANCE REQUIREMENTS*:t:,:#li:,,..:.......................... ......39
=
-;': :,'."i*i"\5.--
APPENDIX G CLAIMS EXPERIENCE.. .... ...'^ ...#.{fi,lii......':::::i,i: ':.................".................41
"rt41 /:-Y r'::::: ,,, ), ',i
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RFP 20.l4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility 2
153
&,\ r1 1 1,{i{\rA/^i II\1i il+ l\.'\ i f\f- &\t ffi/ v ,t; \ r i i-rf*, 1\dI I
sEcTtoN 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein" All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]') if this RFP results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposal submitted.
,,,.
2. PURPOSE.
The City of Miami Beach (the "City") is approved by the Florida Department of Labor and Employment
Security/Division of Workers' Compensation to self-insure for Workersl.0ompensation. The Division of Workers'
Compensation requires that the claims administration be provided by a State Certified Workers' Compensation
Claims Administrator. Therefore the City is seeking the professional services of an experienced and qualified firm to
provide services as a third party administrator for Workers Compensation and Gbneral Liability.
3. SOLICITATION TIMETABLE. The tentative schedule for thls Solicitatioh,'iS?S follows:
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl.qov ; or facsimile: 786-394-4188 The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days
prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be
sent to all prospective Proposers in the form of an addendum"
Procurement Contact.
Steven Williams
Telephone:
(305)673-7497
Email:
StevenWilliams@miamibeachfl .gov
RFP lssued July 24,2014
Pre-Proposal Meeting August 5,2014 @ 10:00 a.m.
Deadline for Receipt of Questions August 19,24M
ReSponses Due August 26,2014 @ 3:00p.m.
Evaluation Committee Review TBD
Proposer P r0s6*tatioh s TBD
Tentative Commission Approval Autliorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
RFP 201 4-302-SW TPA Cloims Adminislroiion for Workers Comp ond Gen Liobility
154
tb AAIA/V\lmilAil$-{
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or
site visit(s) may be scheduled.
A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hall .4th Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
:::::= L,t
Attendance (in person or via telephone) is encouraged and recommended as a Source of information, but is not
mandatory" Proposers interested in participating in the Pre-Proposal Submission Meetihgvia telephone must follow
these steps: i=-.."- , ._ ,
.
(1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Tqh#de tlorth Am )
...:::::::::::_ .
Proposers who are interested in participating via telephone should r.ii.alluB-rail to the contact person listed in this
RFP expressing their intent to participate via telephone.
,i:
,,1
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6. PRE-PROPOSAL INTERPRETATIONS. Oral informatiO*'or responses 1i'ilffid$iions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). O5rly questions answered by wriften=addenda will be binding and may supersede
terms noted in this solicitatiokffd ill be released through PublicPurchase.
.-$fl t;,
7. CONE OF SILENCE.:Fu=!...q nt to Sei'6 n 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been forwarded to the City Commission by the City Manager are under the
"Cone of Silence." @{he Cone of Silence ordinance is available at
http://library"municc@com/index.aspx?clientlD=f 3097&statelD=9&statename=Florida. Any communication or
inquiry in referende=ldthis solicitation wif,l1rgry City employee or City official is strictly prohibited with the of exception
communications with the Procurement Eiiector, or his/her administrative staff responsible for administering the
procurementrrocess for this solicitation prOviding said communication is limited to matters of process or procedure
regarding th6'solicitation. Communications iegarding this solicitation are to be submitted in writing to the
Procurement e0ntact,named hereihwith a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
'"..,' i,,, , 't.tlbalance of Paqe lntentionallv Left Blank
4RFP 20.I4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility
155
ID ,\{tAAAtS*&tF{
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. miamibeachfl.gov/procuremenUscroll. aspx?id=235 1 0
. CONE OF SILENCE.". CITY CODE SECTION 2486
. PROTEST PROCEDURES CITY CODE SECTION 2-371
r DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3
. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES... CITY CODE SECTIONS 2481 THROUGH 2-406
. CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487 , LrL1o. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT 'lt"
ISSUES.. ..,...." CITY CODE SECTION 2{88'. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS..... CITY CODE SECI{.Q_$'2r3?3
o LIVING WAGE REOUIREMENT......,.,..
. LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS."........ PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE.CERTIFIED SERVICE.
DISABLED VETEMN BUSINESS ENTERPRISES. FALSE CLAIMS ORDINANCE.... .,,......,......,...,..,.,..,:i. ACCEPTANCE OF GIFTS, FAVORS & SERVICES....
CITY CODE SE€:AONS 2407 T,I*EQUGH2-410
CITY CODE SECTION 2-372 \r..,\i
CITY CODE SECTION 2.374
CITYQQDE SECNON 7O.3OO
CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the
deadline for submittalof proposals and will mak&reasonable effort to $ive at least three (3) calendar days written
notice of any such postponement to all prospectivffin6jry=,se,1s through PublicPurchase.
10. PROTESTS. Protests concerning the specificatiohs, reQuiie-m-Qffiand/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371.;,.whictr,.6stEtiffr*$ffiprtocedures for protested proposals and
proposed awards, Protests nol submitted in a timely mait pursuant ti the requirements of City Code Section 2-
371 shall be barred..:..:,,:... \N.
11. MIAMI BEACH-BASED VENDORS PREFERENCE. Purs"uant'to City of Miami Beach Ordinance No. 201 1-3747 ,
a five (5) point preference will be given to rbsponsive and rej'ponsible Miami Beach-based Proposer,
Pursuant to City of Miami Beach Ordinance N0.201'l-
3748, th€ty shall give a':fr ) point Flq&rence to a responsive and responsible Proposer which is a small
business'$.ocern owned and eOnflfulled by a veteran(s) or which is a service-disabled veteran business enterprise.
." 4r"
13. DETERMINATI9N OF AWAREeIThe final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be:' idered by tE€ City Manager who may recommend to the City Commission the Propose(s)
s/he deems to be in=:!@ st inted of the City or may recommend rejection of all proposals. The City Manager's
recommendation need no=t be conSistent with the scoring results identified herein and takes into consideration Miami
Beach City Code Section , including the following considerations:
(1) The abffi, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer,
(4) The quality of performance of previous contracts,
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
iiN
RFP 2014-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility
156
E AAIA,\AImrACH
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, relect the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of
selection by the City Commission, negotiations between the City and the selected Propose(s) will take place to
arrive at a mutually acceptable Agreement.
14. ACCEPTANCE OR REJECTION OF PROPOSALS, The City reseryes the right to reject any or all proposals
prior to award. Reasonable efforts will be made to either award the Contract or reject all proposals within one-
hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening,
15. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, eachfroposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deer,ns necesSary, to ascertain all conditions
and requirements affecting the full performance of the contract. jgni.5.?,.nce of such conditions and requirements,
and/or failure to make such evaluations, investigations, and exatiinatioijs, will not relieve the Proposer from any
obligation to comply with every detail and with all provisions and requirements of the contract, and will not be
accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the
rr:,rS
16. COSTS INCURRED BY PROPOSERS. Allqpenses involved with tffireparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursdd bf$C tV
Wi.,l
17. RELATIONSHIP TO THE CITY. lt is the intent of the City-,'andrP.ro.rposers hEieby acknowledge and agree, that
the successful Proposer is conside.red to be an independd contractor, and that neither the Proposer, nor the
Proposer's employees, agents;:;,rinfl/oi ntractors, shall, uhder any circumstances, be considered employees or
agents of the City.
18. TAXES. The City of Miamift1,|
'rsffilllfrom
all FederalExcise and State taxes.
19. MISTAKE : PioBosers ,r. } td;o io .*r*ine-ihe terms, conditions, specifications, delivery schedules,
proposed pncing, and atl instructions pertaining to the goods and services relative to this RFP. Failure to do so will
be at t.-!,,9{pose/s risk and may sult inffiosal being non-responsive.
20. PAYMENI, Payment will be made by thdrCity after the goods or services have been received, inspected, and
found to comply with contract, speCifications, free of damage or defect, and are properly invoiced. lnvoices must be
consistent with Purchase Order form"at.
21. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for,
or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the City of Miami Beach, Florida. lf the Proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work.
RFP 2014 302 SW TPA Cloims Administrotion for Workers Comp ond Gen Liobllity 6
157
b ,\ilAtultBrAil-{
22. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to delivCIr qlaterials or perform work or
services as a result of any contract resulting from this solicitation, th ntractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, an-d.l.iii5uranCe, and assure all4rk complies with all
applicable laws. The contractor shall be liable for any damageS" r loss to the City occasioned"by negligence of the
Proposer, or its officers, employees, contractors, and/or ageh$,;rfQf re to'eo.mply with applicable1aws
23. SPECIAL CONDITIONS. Any and all Special Conditions aY vary from these General Terms and
Conditions shall have precedence.
,,r ..
24. ANTI-DISCRIMINATION. The Proposer certifies that he/she is in complldrice with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by ExecutiffiiltOrder 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex*or national origin.
A. Pre-award inspection 0f the Prcipd$er's facility may be made prior to the award of contract.
B. Proposals will onf' consided fum firms which are regulady engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demondtiate,,A.:gopd lecgrd of performance for a reasonable period of time, and
have sufficieffinanciat capaciti, equipmeni, anO orgrnization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. ffi'terms "equipmeht',6 prganization", as used herein shall, be construed to mean a fully equipped and
weffiffiished company i ihie with the best business practices in the industry, and as determined by the City
of Miami Beach,
E. The Ci$pay.consider any'e$dence available regarding the financial, technical, and otherqualifications and
abilities of a Pio$ger, includin$,'past performance (experience), in making an award that is in the best interest of
F. The City may re{tliift$ ffiser s to show proof that they have been designated as authorized representatives
of a manufacturer or sUpplibr, which is the actual source of supply. ln these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City.
26. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenruise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
RFP 2014 302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility
158
b MIAMISIAilH
27. LAWS, PEEtvtIS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shallcomply with all applicable laws.
28. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
29. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent 0....f,r: City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the'City reserves the right to
purchase any goods or services awarded from state or other governmentalo.c-o1tract, or on an as-needed basis
throughtheCity,sspotmarketpurchaseprovisions.
30. DISPUTES. ln the event of a conflict between the documents, the ordeirof priority 6f the documents shall be as
A. Any contract or agreement resulting from the award of this solicitation; then =\."=..==
...=
B.Addendumissuedforthissolicitation,withthelatestAddendumtakingprecedence;then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation.
31. INDEMNIFICATION. The contractor shall in$g.....mn1lV and hold n.il[ City and its officers, employees,
agents and instrumentalities from any and all liai{ili$,f llqges or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or in$lrumentalitieffiay incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind oi nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or=(s employeesllagents, servants, partners, principals or
subcontractors. The contractor shall pay all claims anf#ses in connbction therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay atlcosts, judgments, and attorneyls fees which may be incurred thereon, The contractor
expressly understands and agrees that any insurance protection iequired by this Agreement or othenruise provided
by the contractor shall in no way limit the rC5ponsibility to indemnify, keep and save harmless and defend the City or
its officers, emn[$,f,1B]ia, agents and inslrumentatities as herein provided, The above indemnification provisions shall
survive the.. piration oi t€ffi9,.._!19n of thi$ ement.
32, GO[-I...E&ACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the-----..----.-.-
stated ter in$$$1 date for a period of up 120 days in the event that a subsequent contract has not yet been
awarded. Additidtiblextensions pastthe 120 days may occur as needed by the City and as mutually agreed upon by
the City and the iontiactlr
"::::;::.:i.i1l li t-
1i ll,1,r, Balance of Paqe lntentionallv Left Blank
RFP 201 4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility
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33. FLORIDA PUBLIC RECORDS LAW" Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119,07(1), Florida Statutes, and s" 24(a), Art. 1 of the State Constitution untilsuch time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as othenruise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to$6 public ,agency all public records in
possession of the contractor upon termination of the contract and deS@ any duplicale public records that are
exempt or confidential and exempt from public records disclosure,.--furements. All records stored electronically
must be provided to the public agency in a format that is compatiS with"the information %l:gy systems of the
34. MODIFICATIONMITHDRAWALS OF PROPOSALS.I pfiFar*r rnay suUmit a modified frofosal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposai due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdiawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after ibntract award will not be considered.
35. EXCEPTIONS TO RFP. Prop_q,96r9 must clearly indicate any exceptions they wish to take to any of the terms in
this RFP, and outline wnat, if aflfilf.iiffitive is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writing;in the Prdffi$hl, The City, at its sole and absolute discretion, may accept or reject any
or all exceptions and altei*atites, ln cas#n which exceptlons and alternatives are relected, the City shall require
the Proposer to comply with the,'particular:Grm and/or condition of the RFP to which Proposer took exception to (as
said term and/or condition was ori$igp-lly==d8Gforth on the RFP)
36. ACCEPTANCE OF GIFTS. FAVOE$].=$ERVCES. Proposers shall not offer any gratuities, favors, or anything of
theCity,forthepurpoSeofinfluencingconsideratiohofihis
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend improperty to influence him in the discharge of his official duties.
Balance of Paqe lntentionallv Left Blank
RFP 2014-302-SW TPA Cloims Administrotion for Workers Comp ond Gen LiobillV 9
160
@ AAIAMIBTACH
PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMATsEcTtoN 0300
1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals" Additionally, ten (10)
bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information
should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation
number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through
email or facsimile, are not acceptable and will be rejected,
,,=
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposals will be considered late and not be
accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays,
3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review pto..tt and assist the Evaluation
Committee in review of proposals, it is strongly recomme.nded that proposals be orgahized and tabbed in
accordance with the sections and manner specified below"=.l dtid copy submittal should be tabbed as enumerated
below and contain a table of contents with page referencdBlHd$gric copi ould also be tabbed and contain a
table of contents with page references. Proposals that do not incluildr,the,requii6d information will be deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications Requirements
1.1 Cover Lefter and Table of Contents. The coverletter musl indicate Propose(#fd,p;pposer Primary Contact for the
purposes of this solicitation. qF
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (App6hdix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
irements established in Appendix C, Minimum Requirements and Specifications.
ce & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track,lefffl o{ prg.viding the scope of services similar as identified in this solicitation, including experience in
providing si,,.ry r scope of qgtmr to public sector agencies, For each project that the Proposer submits as evidence of
similar e ience, the follffig is required: [roject description, agency name, agency contact, contact telephone &
email, a*€lyear(s) and term of en$a$ement,
2.3 Financial Capacity.Eacn"eioposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the t Contact named herein. No proposal will be considered without receipt, by the City, of
Proposer. The Proposer shall request the SQR report from D&B at:
https//supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and
as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
contact Dun & Bradstreet at800-424-2495.
RFP 20I 4-302-SW TPA Cloims Administroiion for Workers Comp ond Gen Liobility t0
161
Sc of Services
b ,,'\,\lA\ii mil&cF'{
Submit detailed information addressing how Proposer will achieve each portion of the scope of services and
technical requirements outlined in Appendix C, Minimum Requirements and Specifications.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to a fully review and score the of services.
Submit a completed Cost Proposal Form (Appendix E).
The City will review each option and reserves the right to select the option that is most advantageouS to the City.
lf pricing is included or at no additioral charge, proposer must indicate "lncluded" or'MAdditional Charge," as
applicable, within the Cost Proposal.
i,
Failure to submit pricing for all three options requeSt in the Cost Proposal Form will result in the proposals being
considered non ve and not further considered.
No'te: After proposal submittal, the City reserves the right to requir:e itional information from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
il
Submit detailed information on how Proposer plans to accomplish the required scqpe of services, including detailed
information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline,
s, testinq and risk mitiqation ootions for assuri tis imoBm€fited on time and within
Cost Proposal
RFP 201 4 302 SW TPA Cloims Adminisirotion for Workers Comp ond Gen Liobility
162
b A/r
PROPOSAL EVALUATION
tAAAtSffi"&th{
sEcTtoN 0400
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. lt is important
to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation
Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2
Evaluations will be fonruarded to the City Managerwho will utilize the results to make a:r,ecommendation to the City
2. Step 1 Evaluation. The first step will consist of the qualitative critefisteOi.to* to be considered by the
Evaluation Committee. The second step will consist of quantitatives{teria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An EvaluationCommittee, appointed
by the City Manager, shall meet to evaluate each Proposal in accdrdance with the qualifications criteria established
below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee.,may:. review and score all proposals received, with oi W.i,!,, 1condueting interview sessions; oro review all proposals received and short-list one oifure Proposers to be further considered during
su bseq uen t i nterview sessio n (s) (usi n g the same criteria).$\1iiir,,
Proposer Experience and Qualifications, including Fjnancial Capability
Scope of Services Proposed , -,-
Approach and Methodology rir,
3. Step 2 Evaluation. fomwing the results of Step 1 Evatuation of qualitative criteria, the Proposers may receive
additional quantitative criterib p.0j[rts to Eadded by the Department of Procurement Management to those points
earned in Step 1, as follows, "':::::
Cost P ro po s il ( Based o n Rr Ji*SF=totato i n tsy
Miami Beach-Based Vendor Pref@ce
Veterans Preference
4. Gost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
Sample Obiective Formula for Cost
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(lowest cost / cost of proposal
being evaluated X maximum
allowable points = awarded
points)
Round to
Total
Points
Awarded
Vendor A $100.00 20 $100 , $100 X20 = 20 20
Vendor B $150.00 20 $100 / $150 X 20 = 13 13
Vendor C $200.00 20 $100 / $200 X 20 = 10 't0
RFP 201 4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility 12
163
E AAtAMtsrA{ri
Note: ln evaluating cost proposals, the City will evaluate each option from all proposals in accordance with
the methodology established above (lowest price / proposers price x maximum number of points = assigned
points) and then calculate the Average Total Points for each proposer as indicated below.
Cost Points:
A B c
Vendor TotalOption 1 Total Option 2 Total Option 3 Average Total
Points
(A+B+Cl3)*
Proposer X 15 12 14 14
Proposer Y 10 15 '12 12
* Points will be rounded to the nearest whole number.
. , ,.E I .:, -
The Average Tota! Points will be utilized in the Step 2 Qu,.,J ive Giteria portion Of ttre evaluation noted
abovg'
*ft;. \ ?,, ,,,'===
5. Determination of Fina! Ranking. At the conclusion of the Effi1gn,ffiffifhittee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the=.EBioartment of Procurement Management, Step
1 and 2 scores will be converted to rankings in accordance with the exaftple below:
=r lJ:iLl l;lli t:
@. llii e,*
Mdrribei rti,,+
Step'1
Points "&2 76 l 80
Step 2
Points ,,15 12
Total 104 91 92
Rank .+3 2
..::=i,:il i
ii =
Cofimittee
nae66ei [,.
Step 1
Points .. 70 85 72
srep z
Points
'',ji;rl .d
15 12
Total .t1#01 100 84
!:rr:: rrlj.llirLLrrl
:]:ii ;rlil,::],:.Rhnk :, 1
,:::::;44 Step 1
F,.oints 80 74 66
$tep?
PoirrtS 22 15 12
Total 102 89 78
I {"
I#i.,,lr.gl Ranki is presented to the City Manager for further due diligence and
ree0.$_,g9ffi"{ition to the City Commission. Final Ranking does not constitute
an awfiFdftcommendation until such time as the City Manager has made his
recorT+mendation to the City Commission, which may be different than final
ranking results.
RFP 20.l4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility t?
164
APPENDIX A
& ,\A$A&AIrew&s*M=- f V tl/ \d v tEd' ax*--og $
Proposo I Certificotion,
auestionnoire & ft.
Req u ire melJs Affid ovit
. ,, _===,
l.. r r
,
i.;i:.',. RFP 2014.302-SW
CLAIMS ADMIN ISTRilTION SERVICES
BY A THIRD PARTY ADMINISTRATOR
Fon onKrRs'coMPENSATToN
,*#o GENERAL LIABILITY
nsi-'
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33i39
RFP 20I 4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility 14
165
PROPOSAL CERTIFICATION, QUISTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and diecuted.
1, General Proposer lnformation. I
Solicitation No:
2014-302-SW
Solicitation Title:
CLAIMS ADMINISTRATION SERVICES BY A THIRD PARTY
ADMINISTRATOR FOR WORKERS' COMPENSATION AND GENERAL
LIABILITY
Procurement Contact:
Steven Williams
Tel:
305-673-7000 x.6650
Email:
Stevenwi ll iams(E miam i beachfl .oov
FIRM NAI\4E:
No of Years in Business:No of Yeasriil siness Locatli;l
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRIV PRIIVIARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP.CODET
TOLL FREE NO.:l; tlrl
FAX NO.:
,!:.
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO,:
ACCOUNT REP E['IAIL:
FEDERAL TAX IDENTIF:IOATION NO.r
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
RFP 201 4-302 SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility 15
166
3.
Miami Beach Based (Local)Vendor. ls Proposer claiming Miami Beach based firm status?
l--_l vrs [-l tto
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the
City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, as amended, to
demonstrate that the Proposer is a Miami Beach Based Vendor.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?f--l vrs [--l uo
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748, as amended..
Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any off[cer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse,parent,srbling,andcnild)whoisalsoanemployeeoftheCityofMiamiBeach. Proposersmustalsodisclosethenameof
any City employee who owns, either directly or indirectly, an interest of ten (107d percent or more in the Proposer entity or any of
its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
l
SUBMITTAL REQUIREMENT: For each reference si$mitted;,the,,foffg.y.ving information is required: 1) Firm Name,2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Cq,,qlact's e ri llt@6]Narrative on Scope of Services Provided.
Suspension, Debarment or.ContractCancellation. HaJ',froposer.*, O..n l.Oarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?f--l vrs f--_l ruo'=
SUBMITTAL REQUIREMENT: lf answer,to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s)., ;] :::.
. : "'
Litigation tlistory:@paser shall submit a statement of any litigation or regulatory action that has been filed against your firm(s)
in th*st five years.'lfA action has been filed, state and describe the litigation or regulatory action filed, and identify the court or
a@y before which the%ction was instituted, the applicable case or file number, and the status or disposition for such reported
aelf J no litigation or regUfatoty action has been filed against your firm(s), provide a statement to that effect. lf "No" litigation or
reg[i*sry action has been filed ftainst your firm(s), please provide a statement to that effect. Truthful and complete answers to
this quEstion may not necessari$:.disqualify a firm from consideration but will be a factor in the selection process. Untruthful,
misleading oi false answers to thls question shall result in the disqualification of the firm for this project.
SUBMITTAL RE€UIREMENT; Proposer shall submit history of litigation or regulatory action filed against proposer, or any
proposer team member firm, in the past 5 years. lf Proposer has no litigation history or regulatory action in the past 5 years, submit
a statement accordingfy.
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation, For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elecied to the
office of Mayor or City Commissioner for the City of Miami Beach.
q
6.
6.
RFP 201 4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility t5
167
Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its
proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply
with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics
provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU.
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers
shall be required to pay all employees who provide services pursuant to this Agreerng-nt,,the. hourly living wage rates listed below:
. Commencing with City fiscal year 2012-13 (October 1,2012), the hourtffing rat€,.wil| be $1 1.28/hr with health
The living wage rate and health care benefits rate may, by Resolution of the City Commissioh be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CPl-U) Miami/Ft. Lauderdale, issued by fie U S Department of Labo/s
Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent {3Yo). The City may also, by
resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscatly,,,,,9,, d to implement
same (in a particular year)
Proposers' failure to comply with this provision shall be deemed a materiaf breach under this proposal, under which the Ciiy may,
at its sole option, immediately deem said Proposer as non-responsive, and may fu(her subject Proposer to additional penalties
and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is
availableatwww.miamibeachfl.gov/procuremenU. .
SUBMITTAL REQUIREMENT: No additional submittalis reqi1il$lByrirtue of executing this affidavit document, Proposer agrees
to the living wage requirement.
Equal Benefits for Employees with Spouses and EmployeeS-with Domestie Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 51 or more fulltime employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contracior who work within the City limits of the City of Miami Beach, Florida; and the Contracto/s employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach,
A. Does your compa*y provide or offer access to any benefits to employees with spouses or to spouses of employees?
,j " i '. [=*l vrs f--l uo
B. I Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
,- ,r,l--l uo
C. Please chect:'all benefits that apply to your answers above and list in the "other" section any additional benefits not already
specified. Note=ome benefits are provided to employees because they have a spouse or domestic partner, such as bereavement
leave, other benefits are provided directly to the spouse or domestic partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
Rf P 2014 302 SW TPA Cloims Administrotion for Workers Comp ond Gen Liobillty 17
168
10
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Managels decision is final. Further information on the Equal
Benefi ts requirement is available at www.miamibeachfl .gov/procuremenU.
Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public=,entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for CATEGORY TWOfor a period of 36 months following the date of
being placed on the convicted vendor lisi.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certtfies it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation;-lhe. City may release one or more addendumt the solicitation
which may provide additional information to Proposers or alter solicitation requife$ents. The City will strive to reach every
Proposer having received solicitation through the City's e-procuremenl $yqtem, PublibPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum'issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
lnitial to Confirm
Receint
lnitial to Conflrm
Receiot
lnitial togonlirm
Recni
Addendum 1 Addendum 6 Addendum 1 1
Addendum 2 Addendum 7 Addendum 12
AddendBm 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
11
lf additional confirmation of addendum is required, submit uhder separate cover
RFP 2014-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility t8
169
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience"
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and
may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in respons,,e fikglicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further de$k, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, withot)t:J n, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion- ',i*
,r,
The information contained herein is provided solely for the convenience of prospective Pryosers. lt Elth-S, sponsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City.does not pfuvide any asSU s as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's OWd:,tis-k.f..fpposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the Ci$ wiiiiout any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected forpn;ideration, negotiation, or approval.
The City shall have no obligation or liability with respect to$is solicitation, the selection and,the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereGf*llyt knowledges all the pioVisie of this Disclosure and Disclaimer, is totally
relying on this Dlsclosure and Disclaimer, and agrees to be hund by the terms hereof. Any Pioposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposai.
marketwithout notice. lnformation is for guidanceThis solicitation is made subject to correction of errors, omissions, or
only, and does not constitute all or any part of an agreement. 1r"
.
The City and all Proposers will be bound ohty as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, dnO tnen only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
The City is governed by the Government-in-1he-Sunshine Law, and all Proliosals and supporting documents shall be subject to disclosure as
required by such law..=.,AllProposals shaff be submitted in'*led proposal form and shall remain confidential to the extent permitted by
reason, without any resultant tiabifity to the City.
Florida
public
):
[$1! ,trme selected for opening the responses. At that time, all documents received by the City shall become
q_:
to make all di$Esures and ddaratidhs as requested in this solicitation. By submission of a Proposal, the Proposer
agrees that the City:h he right to*ake any inquiry or investigation it deems appropriate to substantiate or supplement
information co'ii iaEd"in the Proposal, anf.dhorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer 0' ,tfrat the informalidg contained in the Proposal is kue, accurate and complete, to the best of its knowledge,
information, and bell6f""
" ;
Notwithstanding the fore{6in$.manything'tontained in the solicitation, all Proposers agree that in the event of a final unappealable judgment
by a court of competent jud$Qffi.ign,.$,,, iCh imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City withr ieh ct thereto, such liability shall be limited to $1 0,000,00 as agreed-upon and liquidated damages. The
previous sentence, however, shd not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City. "
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida"
RFP 2014 302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility 19
170
I hereby ce(ify that l, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Certification, Questionnaire and Affidavit are true and accurate.
State of FLORIDA )
)
county of
-)
On this _day of _, 20_, personally
appeared before me who
stated that (s)he is the
a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires:
of
RFP 20I 4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility 20
171
APPENDIX B
& &AIA&A$ffiw&ffM#IX/MXdS+da{&NSS\.Sffi H
"Nc Bid':Jorm
,
tti
RFP 201 4-302:Sw
C LAIMS A,DttztlN ISTRAIION S ERVIC ES
BY A.TH I RD'IPARTY ADMI N ISTRATO R
FOR WOR$RS', .QOMPENSATTON..... AND4ENH.RAT LIABILITY
DEPARTMENT OF PROCUREMENT MANAGEMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 201 4-302-SW TPA Cloims Administroiion for Workers Comp ond Gen Liobility 21
172
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR TNDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this producUservice
_OTHER. (Please specify)
We do:$o not want to be retained on your mailing list for future proposals
of this tyBdproduct and/or service. '".41a,,
,
Signature:
'i'..
"is
..,Tit1g:
Legal Compaff.Name:
{.-
NotdliF,ailure to re$pond, either by submitting a proposal or this completed form,
,ry
%
y-our company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI'BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Steven Williams
PROPOSAL#2O14.O8O.SW
1700 Gonvention Center Drive
MIAMI BEACH, FL 33139
RFP 20.l4-302-SW TPA Cloims Administroiion for Workers Comp ond Gen Liobllity aaZZ
173
APPENDIX C
MIAffi$Mffi&ffiH
MinimumzpqUirernents
& SpeHY[ tjons
RFP 201 4-302-SW
c LAIMS,.A Dlrr N tsrRATr o N s E RV ! c ES
BY A THIRD P+ RTY ADMINISTRAToR
FOR WORKERS' COMPENSATION
AND GENERAL LIABILITY
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 201 4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility a')LJ
174
C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed
below" Proposer shall submit detailed verifiable information affirmatively documenting compliance
with each minimum requirement. Proposers that fail to comply with minimum requirements will be
deemed non-responsive and will not be considered.
1. The proposer must be a Qualified Servicing Entity with the State of Florida, Department of
Financial Services, Division of Workers' Compensation (per 691-5-229 Florida
Administrative Code)
2. The proposer must have experience as a Third Party Administrator ("TPA') for Workers'
Compensation and General Liability for Florida local government(s) for a minimum of five
(5) consecutive years, For each experience proposer must submit as evidence: agency
name, agency contact, contact telephone, email and years(s) of experience for verification
purposes.
3. The proposer must have a staffed office in the state of Florida, with a qualified staff
member of the firm to serve as the primary contact for the City of Miami Beach, and a
secondary contact to serve in the absence of -!.tp primary contact. The proposer must
submit as evidence: a primary and secondary name, a primary and secondary contact
telephone, a primary and secondary email ,ddress, and h copy of primary and
secondary's resumes for verification purposes, ==il-
'ri'\\:'"1nr11n'
C2. Statement of Work Required. The City of Miami Beach (tne tffi,1$-iApproved by the Florida
Department of Labor and Employment Security/Division of Workers' Compensation to seltinsure
for Workers' Compensation. The Division of Workers',Compensation requires that the claims
administration be providedty a State Certified Workers''Compehbation Claims Administrator.
Therefore, the City i"s." seeking proposals for third party claims administration services for its selt
insuranceWorker' mpendliffiprogram.
Proposers muSt sffil cost proposal for the entire scope of services requested. Proposals to
handle only selected parts of the scope will not be considered. lt is understood by the successful
proposer that all services aie to be*hibtided by the proposer's employees and cannot be
contracted out to ahother party
the contract will be February 1,
the prior approval of the City. The commencement date of
\J::
C3. Specifications. The administrator will provide all specified adjusting services for all claims as
well as all other requiied services, such as administrative, managed care/medical case
management, computeriz6d claims/loss statistical information (RMIS) and banking/loss fund
reconciliation.,,rTle specific required services are outlined in greater detail within this request for
proposals,
=
The City has approximately 1,900 employees, and averages 345 claims annually. The breakdown
is estimated at 239 medical only and 106 lost time. Currently there are approximately 421 open
claims. Priorto October 1996, the City purchased excess workers'compensation insurance, The
City does not currently purchase excess workers'compensation insurance.
Rlf 2.O l4-JU2-5VV lt'A Llolms Administrotion tor Workers Comp ond Gen Liobilil'y 24
175
ln agreement with Ordinance No. 1335, the City pays Supplemental lnjury Pay for a maximum of
32 weeks, for employees who have a work-related injury but remain absent due to restrictions
resulting from their injury, The Supplemental lnjury Pay is the amount equal to the difference
between their normal City pay and the amount of compensation payable under the provisions of
the Workers' Compensation law of the State of Florida. This benefit allows employees to receive
their full pay while absent due to an approved work-related injury. ln view oJ this, temporary total
indemnity benefits will not need to be paid by the claims administrator unless the injured employee
is eligible for temporary total benefits in excess of 32 weeks, ln addition, Certain medical conditions
and work related activities are covered under workers' compensatiep;{ffie and fire personnel
pursuant to union contract, +l= *
.._,,,,,,...,,,,
All proposers are to assume the complete handling of all future and past claims now being handled
by our present Claims Administrator (see Attachment G for open/closed claims for all years), along
with all new claims. The information provided regarding the volume and type of pending claims to
be assumed is based on the latest information provlded to the Ci[ end cannot be guarahteed as to
its accuracy. lf the amount of prior claim files to be taken 6,,.t1, r is 25Ya'greater than repre{Ehted in
this RFP, the City will consider a proportionate adjustment to the proposer's flat annual fee.
It is the responsibility of the proposer to,review prior claim files to determine the additional
proposed cost, if any, to take over these files.
It is also required that the claim data associated with ail claims occurring prior to February 1,2015,
be transferred into the proposer's computer informatffisysteffi} at future loss runs will contain
a complete history of all claim years. The transfer of all claims data must be completed by June 1,
2015. The propos€i is responsibte for specificatly indicating in their proposal the fees, if any, for
assumption of prior claims and the data conversion.
,.
The program is run on an "occurrence" ba.sis, therefore, all claims occurring in the contract year,
regard.le=*-@!en reported, are to be handied per the requirements of this agreement. The claim
adr*i Stratoi="re red to handle all claims to their conclusion or to the conclusion of the contract,
wffchever occurs fiftlffirno additional charge to the City other than the annual fee. The contract
mayne terminated by di.Jler party with ninety (90) days written notice to the other. However, anyca ation does not altei the administrator's obligation to handle all claims prior to the termination
o'tt'=",
1,,,,, . 1q'
The City re(tiiresftat theiblected TPA provide, at a minimum, the following professional services
related to the it@,4{nistiation of the City's seltinsured Workers' Compensation and GeneralLiability:
=. TPA shall provide workers' compensation third-party claims administration services to the
City of Miami Beach's seltinsured workers' compensation program in accordance with
Florida Statute, Section 440, applicable Florida Administrative Code(s), and applicable City
Code(s), Resolution(s) or Collective Bargaining Agreement(s), City shall provide TPA with
copies of applicable City Code(s), Resolution(s) or Collective Bargaining Agreement(s) as
necessary. This includes the necessary medical benefits, expenses and other services
Kf f ZU l4-JUZ-5VV lfA Llorms Administrotion tor VVorkers Lomp ond Uen Liobilily
176
usual and customary to the administration and management of workers' compensation
claims, if not otherwise noted herein,
TPA shall provide, on behalf of the City, all self-insurer reporting to the Self lnsurance
Bureau, Division of Workers' Compensation, State of Florida, all annual reports, unit
statistical, modification factor, assessment indemnity, medical and any and all forms
required by the State of Florida which a self insurer for workersl compensation must
Provide"
._...i,,,
. ,',,..
TPA shall accept all current claims and/or re-opened claims as run-in claims to the TPA if
selected as the new TPA for the City, :'1
TPA shall provide the City with the ability to report first reports of injury and loss notices
electronically, by facsimile or by phone based on the severity, circumstances or nature of
injury at no additionalcost. '- ., .j
TPA shall provide automated acknowledgement=upon tho'receipt of each clalm, The
acknowledgement shall include, but not be limited, to the following: claim number,
assigned adjuster name, emailad telephone number, claimant's name, and date of loss.
TPA shall set up all new claims within twenty-four (24) hours after notification. Assigned
adjuster, supervisor or nurse case manager shall make all contacts and initiate
investigation within forty-eight (a8) hours of receipt of hew claims,
TPA shall have the ab,il to provide o r o,on or.*tj;,i.rization on the same day as
injury to e$,injured emp{oyees '
.,.
' :::""
h'"ih initirt review by a claims supervisor, aTPA shall triage+very notioe of injury witl
registered nurseEiiew of medicals, an9,-.lsigned adjuster's review of entire claim file,
TPA shall utilize any recommended medical primary care physicians or specialists as
directed by City, even if no[in the TPA's network, if it is in the best interest of the injured
employee or the City. This would include authorizing treatment by non-occupational or
non-network physfcians oi providers who have treated an injured employee under
emergency or exigent circumstances in an emergency room or other facility, if such
treatfient would be considered prudent and reasonable for continuity of care purposes.
The City reserves the right, but not the obligation, to approve all vendor partners and
ancillary services used by the TPA that are part of the workers' compensation allocated
claim expense or reserve.
City reserves the right to select its own workers'compensation defense counsel to manage
any and all litigation for the City's workers' compensation and employer's liability program,
and/or to seek pre-litigation legal advice and claim strategy" The City's Risk Manager has
the authority to approve the workers' compensation defense counsel's fee, cost schedule
and/or any allocated legal claim adjustment expenses. TPA shall agree to work with the
Klf 2U l4-3U2-5VV IPA Uloims Administrotion tor Workers Comp ond Gen Llobilily
177
City's chosen workers' compensation defense counsel. ln the event the TPA is unable to
work with the City's workers' compensation defense counsel or has a conflict of interest,
then City reserves the right to deem the TPA's proposal non-responsive, or terminate the
TPA's Contract.
TPA shall provide the City with an on-site experienced, dedicated adjuster to provide
professional workers'compensation adjusting services and employee claim assistance on-
site at the City's Risk Management Division Office of the Human Resources Department,
or as otherwise designated by the City, with duties and responsibilities to be mutually
agreed upon by the TPA and the City, TPA must provide aeeess to Spanish and Creole
speaking adjusters for situations when injured workers are more comfortable conversing in
Spanish or Creole. TPA should clearly outline the staffing which will be provided. The
adjuster shall perform all the usual and customary worker's compensation claim
adjustment services and assistance as done,....Sy the eity's Risk Management staff in
accordance with the third-party claims adminislrator agreement between the City and TPA.
The scope of assignment includes, but is not limited to, filing new losses, coordinating light
duty assignments, assisting employees with cl$!flI questidris, filing wage statements,
updating diary notes, assisting attorneys with litiS*ffiifiles, and working with the City's
regularly assigned workers'com=pensation claims rd,Oru
,
TPA shall provide, on an as,.eU .is, an on-site dediBdtbd*ligensed liability claims
adjuster at the City's Risk Managefient Division, Office of the Human Resources
Department, or as othenuise designated by the':City, to assist the City's Risk Manager with
claims administratig,,n services for theCity of Miami'Beach's self-insured liability program.
The City is selfrincBf$ffrand seltadministsred for liability claims management. The adjuster
shall pe;fe claims tdffiinistration services for automobile and general liability claims,
The spffi,of ,assignment includes, but not limited to, investigations, creating file diaries,
record keepiqand othei services necessary or proper for, or incidental to, performing
claims adjustin$. ftfiH &--#'
TPA Shall p-rovide th"6.=. with telephonic case management services on all workers'
compensatibn,claims as an allocated loss adjustment expense, unless othenruise directed
TPA shall provide a tist of PPO networks affiliated with the TPA, as requested by City.
TPA shalt evaluate and qualify various service providers recommended by the City to
service it-_s accoUnt, provided such service providers do not present a perceived or potential
conflict of interest.
. TPA shall provide the City with field case management services, catastrophic case
management services, medical cost projections, life care planning, Medicare set-aside
assessments, development of reports, surveillance, peer review, utilization review and
reasonable and customary savings review, bill review, percentage of PPO savings and any
other usual and customary workers' compensation claims administration claims practice,
strategy or activity as all allocated loss adjustment expenses, unless such expenses are
Krf ZU l4-JUZ-5VV lfA Lloims Adminisirotion tor Workers Uomp ond Gen Liobility ^-
178
more appropriately allocated as a medical expense under the claim per Florida Statutes or
TPA's judgment.
TPA shall process and handle all electronic data interchange requirements on behalf of the
City as required by the State of Florida at no additional charge.
TPA shall be responsible for all Medicare reporting obligations under the Medicare
Secondary Payor Act, and/or under similar or new legislation at no,,additional cost to the
City.
TPA shall provide the City with OSHA 300 log reporting capabitities at no additional cost,
as requested by City.
TPA shall handle subrogation claims and file lien notices on behalf of the fiity.,1o protect
the City's interests in rights of recovery from third-party tortfeasors. TPA shall ild-t:proceed
with any legal action against a third-party tortfeasor without the City's Risk Manager's
approval
TPA shall review and seek approval from the City for any loss reserve adjustment
increases greater than twenty-five thousand dollars ($25,000)-
TPA agrees all negotiated settlemenfur..*.nts shall *qrire City approval. Such
settlements would include but may not be limited toi-agreements to wash-out an entire
claim, settle a negotiated lien, settle a negotiated attomey fee, or any other type of
settlement that is not otherwise considered an administration of a medical, indemnity or
allocated expense that would othenruise be due and owed in accordance with Florida law.
TPA shall attend in person or via telephonicalty all mediations. The City shall endeavor to
have a Risk Managerne;rt staff member, or designee, at all mediations as well as hearings.
TPA shall'igt*e o qr claim reviews, whether in person or telephonically at the City's
discretion, to re w all litigated cases, legacy cases, catastrophic cases, or non-litigated
complex cases.
TPLAshall agree altclaim files, reports, and other data prepared or provided in connection
with+laim are and shall remain the property of the City.
TPA shall.l(eep complete and accurate records and accounts in connection with each
claim. S records shall be available at all reasonable times for examination by the City,
or its' designee, and shall be kept for a period of no less than three (3) years after the
completion of all work to be performed. lncomplete or incorrect entries in such records may
be grounds for disallowance by City of any fees or expenses based upon such entries.
TPA shall send City all closed claim files that are mutually agreed upon to be inactive.
RIP 20 l4-302-5W IPA Cloims Administrotion tor Workers Comp ond Gen Liobilily l6
179
The City of Miami Beach has not purchased excess coverage since 1997. However, TPA
shall comply with all excess workers' compensation coverage agreements in place;
including reporting requirements affording potential or existing coverage on all and any
open (or re-opened) claims such as, but not limited to reporting.
TPA shall be responsible for any penalties, declined coverage, reservation of rights issued,
diminished coverage benefits imposed by City's excess workers' co,grpensation carrie(s)
due to TPA's failure to properly report new or existing claims as reauj by each carriers'
TPA agrees to notify the City of proposed or enacted cnangesA workers' compensation
regulatory requirements or legislative acts that may affect the C'ty's clqims.
TPA shall agree to maintain a SSAE 16 audit on controls placed in oprrri-#.rnO tests for
operating effectiveness, and agrees to provide copies to the City as requesteffii'iliilil
TPA shall utilize the City's solely selected and approved financial institution for thd'funding
of workers' compensation and liability claim paym@ and settlements. TPA agrees to
comply with the City's Positive Pay (fraud detection)'banking standards and must do a
daily data feed to the City's financial institution for fraud detection.
TPA shall send weekly invoices for wire fund transfer requests to replenish the City's
account. Exceptions are made for special requests for unexpected large losses or claim
settlements fol hich specific dedicated invoice for wire fund transfer requests shall be
made. 6;-.'. :
The City shal[,{und at least fifty percent (50%) times the City's average weekly spend on
workers' compfnsalion,,"Qlatnl Presently the City's fund maintains an average weekly
balance of two hund d and:fffi ffuggsand dOllars ($250,000).
,,*ir,i"
qi4tii{;ii L iiit:
TPA shall send originiiliiliB,tisices to the attention of the City's Risk Manager, or designee,
by e-mail to City of Miami'Bffili;r[nless othenruise instructed.
TPA shall mail the City monlhly financial institution reconciliations.
t:
. t,:
TPA shall issue 1099's to all vendor issued allocated claims payments pursuant to the
applicable tax laws in effect.
TPA shall be audited by the City at the City's sole discretion and cost.
TPA shall invoice the City quarterly for its administrative claim fee.
TPA shall take extraordinary measures, if is selected as the new TPA for the City, to
ensure data and file conversion and transfer is done with as little disruption to the City and
RIP 2U l4 3U2-5W IPA Cloims Administrotion tor Workers Comp ond Gen Liobilily 29
180
its injured employees to ensure continuity in care and continued best workers'
compensation claims management practices.
TPA will be required to manage the claims with a comprehensive data base system which
allows computer access to notes, correspondence and other pertinent information needed
by the City to generate analytical data reports upon demand; which will allow secure web
based communication between the City and the TPA adjusters. This program should also
allow the City to add information to the adjuster notes section of the,TPA computer system.
TPA shall provide the City's Risk Manager and it's designees, wlth access and training to
utilize the TPA's Risk Management lnformation System to monitor the adjuster's claim
activity on a file.
TPA shall provide the City with electronic loss runs, claim reports or ad hoc reports as
required by City within seven (7) working days of month-end.
TPA shall provide periodic information to the City's actuarial service prouruei''*h.n
required. - -'=,-- -- i'- '=
. TPA shall provide safety engineering services as re(Uested by City, and fees shall be
negotiated and approved by the City as an allocated Ioss adjustment expense per
applicable claim file. " ,"
TPA, as a custodian of records for City, shall comply and cooperate with all applicable City
and State record retention and exemptions laws such as, but not limited to, Florida
Statutes, Sectiohs; 11-9,.440,760 and 112 as they pertain to protected medical, personal
and/or work product information.
TPA agrees to transfer orship the electronic file data or hard copy file data at the request
and as directed by:th,efiy atnc$st,otherthan actual incurred reasonable shipping fees.
TPA agrees there shtiti be no charges to transfer electronic data on a per data file basis or
other transfer related fees or charges unless agreed upon in writing by City. All electronic
data transferred or hard Copy data shipped shall be done within sixty (60) days of receipt of
written notice from City. PaF€i data shall be shipped overnight by FED EX, UPS or
equivalent common carrier agreed to by City. Electronic data shall be transferred by
disk/tape or over internet as requested by City, provided the data files are adequately
protected and secured. Electronic file data means all claims information and related claim
file information maintained in an electronic computer file format, whether stored on a hard
drive, tape backup or CD.
Other claims adjusting services for Workers' Compensation and General Liability, as
needed.
Kf r lU l4-JU/-)VV lfA Llorms Administroiion tor VVorkers Lomp ond Uen Liobrlily ?n
181
STAFFING AND PERSONNEL:
It is the City's claims management philosophy that the proper and most cost-effective
method to handle claims and thereby reduce and control the City's self-insured loss
payments is to ensure the administrator hires and retains the appropriately qualified
professionals to handle our claims. Additionally, the adequate number of adjusters and a
manageable caseload enables qualified adjusters to perform the required services. The
City therefore requires that the proposer agree to staffing, qualifications and caseload
criteria established by the City. **d':,
The City reserves the right to the final prior approval of the hiring;.q.nd/or assignment of
the claims manager, supervisors and adjusters that are to ffidlerffiQity's claims.
\{.na '': I
The required maximum open case loads per adju-sters '(rnay have 1n1*11.*q.1'e than one
adjuster assigned to the account) are to be as fdfuws (claims mand$Br,should not
workers'compensation (lost time) - 100
workers' compensation (medical only) , j'.500 =
The administrator agrees to add staff as necessary to maintain these maximum pending
caseload levels. Explain how the office.or unit will be staff@ and explain the level of
supervision that will be provided. CIA1$,,personnel must be employees of the
administrator. The use of independent adjU6ters,5iubcontractors or temporary adjusters
is not acceptable without prior approval 0f the Cil$f'fll{$d.jqster traihees are not acceptable
for handling of the City's claims. Addi.ttonglly') res6'rti,$.ft{Iof all claims professionals
specifically assigned to this account are tqbe submitted'with this proposal. All claims
professionals must,possess',:a+urrent Florida Workers, Compensation adjuster's license.
LOSS FUND MANAGEMENT: =
1" T..h=e==C]aim Paym,6'nt ACCount will be nraintained at the City's commercial banking
: iE=fitB1ic.. Jhe adcount will be classified as part of the analysis group of City..' accouht#,,he City will pay all service fees that are normal and customary in this
account. l interest eained or service credits generated will accrue to the
=,, benefit of the Ci$ =
2,,,Thg claims adrlti$istrator is required to follow Florida law concerning public
depesits. Failure{ }o comply with Florida law is sufficient cause for the City to
tefi*i:i the cohtractual agreement with the claims administrator.
3. All claimqlifi#pense and legal payments will be made by the claims administrator
on chec-($r'Urawn on an account set up by the administrator and funded monthly
by the City. lt is understood that all funds in this account are City funds and are
to be returned to the City upon request or at termination of this contract.
4. The administrator is responsible for the monthly reconciliation of this account and
will provide bank statements to the City monthly, along with a request for a
deposit from the City to maintain the monthly balance in the loss fund, as
determined by the City.
Rl-P 20 l4-302-5W IPA Cloims Adminislrotion tor Workers Comp ond Gen Liobilily 11JI
182
KIY lU l4-JUZ-5VV lfA Lloims Admrnislrotion tor VVorkers Lomp ond Uen Liobiliiy 32
183
14.
15.
16.
17.
18.
19.
Do your adjusters receive any continuing education and training? Explain.
Do you currently file state and excess insurance forms on behalf of your clients?
Explain,
Do you have the capability to provide all the loss data reports required? Explain.
Do you have the ability to transfer the City's prior claims data to your information
system by June 1,2015?
.::::t: :::, i:,.:r;:_,
Explain any fees proposed for managed care, nreOiiai lase management, bill
review, utilization review and rehabilitation serviCes. These are4t to be included
in the annualfee proposed,
Explain, in detail, any deviation fror.rft services or fee structure type required,
specifically indicating any service=s'yo-n:,',i.annot perfprm. Specifically indicate what
you consider as allocated expenses ahd therefore nOtrncluded in your annual fee
proposal amount, ,
.,0r.1i,, *Hllrl[,=
Ba/ance of Pase rn&It'opally left BIan "*"
Kl-P 2U l4-3U2-5W lt'A Uloims Administrotion ior Workers Comp ond Uen Liobllily {<
184
APPENDIX D
& &AIA&stRNeflHg , Y tl, \J Y Ll&*de*f \%"*l u
SpeciaLConeitions
. ' RF| 201 A4#Q2-SW
C LAIMS AD'MI N ISTNATION S ERVICES
.
-H
I RD, PARTY ADMI N ISTRATOR.r BYW','
%,6ffffi5ffi;s^?Ti=,f,#oN
::::::::::::::
".i'* DEPARTMENT oF i?3f3::[',ill#t:lB:$,[
Miomi Beoch, Florido 33,l39
:a:1
:::=
RFP 2014-302-SW TPA Cloims Adminislrotion for Workers Comp ond Gen Liobility 34
185
1" TERM OF CONTRACT. The contract shall commence upon the date of notice of award and
shall be effective for a period of two (2) years.
2. OPTIONS T0 RENEW. The City, through its City Manager, will have the option to extend for
three (3) additional one (1)years periods.
3. REQUIRED CERTIFICATIONS" The proposer must be a Qualified Servicing Entity with the
State of Florida, Department of Financial Services, Division of Workers' Compensation (per 691-5-
229 Florida Administrative Code).
::::::,:
4. ADDITIONAL SERVICES. lf during the contractual period additionalservices are needed, the
selected Contractor may, at the option of the City of Miami Beach, be engaged to perform these
services. The selected contractor shall upon receipt of the written request from the City's Risk
Manager, provide a proposal for such services and the City ieserves the option to issue a purchase
order for the specified work as approved by both pa(es',
Balance of Page lntentionallv Left Blank
RFP 201 4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility 35
186
APPENDIX E
g e*t&ffi{mx-effih{
''::aaaaaa:a::aa:..=
Cost PrGposol Fqrm
'
v.
H
RFP 201 4:302-SW
CLAIMS FNIS,T=RATION SERVICES
''BY A TltlBffilr TY ADMINISTRAToR
=.FOR W.bnTERS, COMPENSATION. AND GENERAL LIABILITY
DEPARTMENT OF PROCUREMENT MANAGEMENT,l700 Convenfion Center Drive
Miomi Beoch, Florido 33,l39
RFP 201 4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobility 36
187
Bidder affirms that the prices stated on the proposal price form below represents-theentire cost of the items in
full accordance with the requirements of this RFP, inclusive of its terms, cond-ittohS;'specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, travel, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation
provision is allowed herein and has been exercised by the City Manager in advarpe. The Proposal Tender
Form shall be completed mechanically or, if manually, in ink, Cost P@osal Foiiirs completed in pencil
shall be deemed non-responsive. All corrections on the Proposal Tendef Form shall be in$ialed,
APPENDIX E
COST PROPOSAL FORM
Failure to follow the price proposal format as iOeniifre* may result in the RFP response being considered
non-responsive and the RFP submittalwill not be consideied forevaluation.
OPTION
1. FlatAnnual Fee :..'"
(for 345 claims incfuding
new and prior claims
Flat Annual Fee
$_
(per contract year)
Excess Claim Fee Per
Year
$_
(ColumnlxColumn2)
* Proposer shall incftrcl€ mount, whieF,lhe City may negotiate at its discretion.
RFP 20 l4-302 SW TPA Cloims Administrotion tor Workers Comp ond Gen Liobility J/
188
OPTION #2: FIXED PER CLAIM FEE OPTION
1. lndemnity Per Claim
(Litigated Or Non-
(ColumnlxColumn2)
2. Medical Only Claim
(Litigated Or Non-
(eolumn "l x Column 2)
3" Medical Only Claim
Transferred To
lndemnity Claim
(Litigated Or Non-
(per claim)
Quantity
25 per year
,lF*"
(Column '1 x Column 2)
4" lndemnity Per Claim
(Litigated Or Non-
(ColumnlxColumn2)
5. Medical Only Claim
(Litigated Or Non-
(ColumnlxColumn2)
OPTION #3: FIXED PER CLAIM BLENDED FEE OPTIONI
1. lndemnity Or Medical
Only Per Claim
(Litigated Or ..' Non-(ColumnlxColumn2)
2. lndemnity Or
9l!v f"i claim.
(Litigated Or (Column '1 x Column 2)
Total Lines 1 -
Rl-P 20 l4-302-5W IPA Cloims Administrotion tor Workers Comp ond Gen Liobility 3B
189
ADDITIONAL SERVICES
List of sen ,ices. as needed. which are in addition to the fees proposed in Options 1 - 3.
Telephonic MedicalCase Management Fee On AllClaims:$
Per Bill/Flat Fee
Bill Review Fee To lnclude State Fee Schedule Reduction:$
Per Bill/Flat Fee
Percentage Of PPO Savings - Network Discount Savings Below State
Fee Schedule:o/
Percentage Of Utilization Review And Reasonable & Customary
Savinos:o/o
Subrogation And/Or Liens Fee Percentage:
Yo
Osha 300 Log Reporting:
$
$
Safety Consulting Services " : S,..i::i:+l
$
Notice Of lnjury Entry:rt:l
t1rJ. \-:::: u
Custom/Ad Hoc Reports:
$,,,,,,
Data And File Conversion Fee:r$
Ohe-Time Setuo Flat Fee
Medicare Reporting Costs:
$
Liability Claims Adjuster(-,.t f Miami$gh ln-House Adjuster)
$
Workers Compensation Chi.r$$fljuster ffirlty Of Miami Beach ln-
House Adiuster) +i, ":' #F-+$
Description Of A{dif$nal:Service;
$
Descript@!f Additional Service:
$
Description *tfrl|l[;"**
$
Description Of Additiofial $Sry,ice:
$
Company: ,.ii!
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
RFP 20.l4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobilily 39
190
APPEN DIX F
# M|A,\A$mffi-*kffiH
I ns u ro n c e,,=R eqEjle m e nts
.=""'RFP 201+302.,5W
c LA|MS; DM r N TSTRATTO N S ERVI C ES
B-=Y4 THJ-R D= PA RTY A O M I N ISTRATO R==+-R RKtns'coMPENSATtoN
A AND GENERAL LIABILITY
=,,i_ ry$
:;;..
*:
-: :::= DEPARTMENT OF PROCUREMENT MANAGEMENT.l700 Conveniion Cenier Drive
Miomi Beoch, Florido 33,l39
RFP 2014-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobiliry 40
191
g M$e&&$ffiffi&ffiN
PROFESSIONAL SERVICES lNSURANCE REQUIREMENTS
The provider shall furnish to the Human Resources Department, Risk Management Division, City of
Miami Beach, 1700 Convention Center Drive,3'd Floor, Miami Beach, Florida 33139, Certificate(s) of
lnsurance which indicate that insurance coverage has been obtained which meets the requirements as
outlined below:
A. Worker's Compensation and Employer's Liability lnsurance for all employees of the
provider as required by Florida Statute 440.
B. Commercial General Liability on a comprehensive =.[asis in an amount not less than
$1,000,000 combined single limit per occurrence ,.ahd $2i000,000 in the aggregate, for
bodily injury and property damage. Gity of -M:idmi Beach must be shown as an
additional insured with respect to this covepee,= ,,,_,.=
C. Professional Liability lnsurance in an amount not 6istnan $t,OOO,OOOwith the deductible
per claim, if any, not to exceed 10o/o of the limit of tirOil't$,iil
ilf,The insurance coverage above must include,.a waiver of subrogatiofllinfavor of the City. The insurance
coverage required shall include those classifications,.as listed in stanifg;{*liability insurance manuals,
which most nearly reflect the operations of the provid6t,, lt, , , -_ -Sry:=':,.. 'ai
All insurance policies required.gp_gve shall be issued byCompaniesauthorized to do business underthe
laws of the State of Florida,$|ffi,p_llowing qualifications:
The company ,65 " rateo\H less than "8" as to management, and no less than "Class
V" as to financiaF:*1fi Oyft" latest edition oJ Best's lnsurance Guide, published by
A.M. Best Company;,Nsw$rsey, or its equivalent, subject to the approval of the
City Rist Managemenfl"0rnE@h:' .:!=
;d
':'.' :-'' t:t-:,t:.::::1,::.1 \l luof
:i:::: ::.:
Tt!6 company must hdtd a val[d.:F=]a,,q|Qa Certificate of Authority as shown in the latest "List
of*ll lnsurance Companies Authori2ed or Approved to Do Business in Florida" issued by
tho'State of Florida Department oi lnsurance and are members of the Florida Guaranty
Certificates will indiCate no modification or change in insurance shall be made without thirty (30) days
advance notice to the,cErtificate holder.
CERT!FICATE HOLDER TVIUST READ:
CIry OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE
3'd FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation
under this section or under any other section of this agreement.
RFP 2014-302-SW TPA Cloims Administrotion for Workers Comp ond Gen Liobllity 41
192
APPENDIX G
g rv\iAMiffiilAil$$
,..r\:)
::,RFP 201 4-302-5W
CLAIMS*OIVITN ISTNATION S ERVICES BY A
:u uu tl
TBiRP PARTY ADMINISTRATOR FOR
WGRKERS=,. COMPENSATION AN D GEN ERAL
:
LIABILITY
"i$
"" ',u
DE'ARTMENT oF pRocuREMENT MANAGEMENT:,ri L/L -\\ 'vtL ' - r;*.ffii::h:r.,.*::U;
RFP 20I 4-302-SW TPA Cloims Administrotion for Workers Comp ond Gen LiobiliV 42
193
CLAIMS EXPERIENCE
AVAILABLE UNDER SEPARATE COVER
RFP 20.l4-302-SW TPA Cloims Adminiskotion for Workers Comp ond Gen Liobility 43
194
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO REJECT ALL BIDS RECEIVED PURSUANT TO INVITATION TO
BtD (tTB) NO. 2013-069 FOR THE CITYW|DE MAINTENANCE OF ELEVATORS (REVISED
RECOMMENDA
Ensure well maintained facilities.
Su Data (S u rveys, Environmenta!etc: N/A
Item Summarv/Recommendation :
lnv'rtation to Bid (tfe) ZOt 3-069-MF was issued with the purpose of establishing a contract, by means of
sealed bids, with a qualified firm(s), to provide elevator maintenance services for the City of Miami
Beach (the "City"), in accordance with the prescribed specifications and requirements.
ITB No. 2013-069, was issued on August 27,2013, with a bid opening date of September24,2013. A
total of four (4) addendums were issued, to answerto questions by prospective bidders, and to conduct
a site visit, thus postponing the bid opening date to October 15,2013. The Public Group issued bid
notices and 18 bidders accessed the advertised solicitation which resulted in the receipt of seven (7)
bids.
On February 5,2014, the City Manager issued a recommendation to award contracts to Eastern
Elevator Service, tnc. as primary vendor, Xpert Elevator Services as the secondary vendor, and Oracle
as tertiary vendor. However, since that time certain material facts have come to light which have
necessitated the withdrawal of the City Manager's prior award recommendation of February 5,2014,
including (but not limited to) significant issues with the Gity's current elevator systems which require the
City to assess these systems and develop a long term plan for their maintenance, repairs and
renovations, particularly for those elevator systems where the systems and replacement parts are
proprietary to a given manufacturer.
After considering the review of City staff with regard to the services contained in the ITB and the need
for further due diligence from staff on how best to address the City's elevator maintenance, repair and
renovation needs, the City Manager has exercised his due diligence and has revised his
recommendation to the Mayor and the City Commission to reject all bids received pursuant to lnvitation
to Bid (lTB) No. 069-2013, for Citywide Maintenance.
It is anticipated that the City's analysis of its elevator systems and the award recommendation for the
maintenance of these systems can be finalized for the City Commission's consideration at its October
22,2014 meeting.
RECOMMENDATION
Based on the aforementioned, the Administration recommends that the Mayor and City Commission
all bids received pursuant to lnvitation to Bid (lTB) No. 069-2013, for Citywide !\&tdglq!ge.to lnvitation to Bid (lTB) No. 069-2013, for
NA
Financial lnformation:
Source of
Funds:
Financial lm
Alex Denis. ext. 7490 or Eric Carpenter, ert.6972
ITB Elevator Maintenance
AGEIiIDA nan C2E
o*a 7-23'//& MIAMIBTACH 195
g MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
the City
SUBJECT: REQUEST FOR APPROVAL TO REJECT ALL BIDS RECEIVED PURSUANT TO
TNVTTATION TO BID (tTB) NO. 2013-069 FOR THE CTTYWTDE MAINTENANCE OF
ELEVATORS (REVTSED RECOMMENDATION)
KEY INTENDED OUTCOME
Ensure well maintained facilities.
FUNDING
N/A
BAGKGROUND INFORMATION
lnvitation to Bid (lTB) 2013-069-MF was issued with the purpose of establishing a contract,
by means of sealed bids, with a qualified firm(s), to provide elevator maintenance services
forthe City of Miami Beach (the "City"), in accordance with the prescribed specifications and
requirements.
ITB PROCESS
ITB No. 2013-069, was issued on August 27,2013, with a bid opening date of September
24,2013. A total of four (4) addendums were issued, to answer to questions by prospective
bidders, and to conduct a site visit, thus postponing the bid opening date to October 15,
2013. The Public Group issued bid notices and 18 bidders accessed the advertised
solicitation which resulted in the receipt of the following seven (7) bids:. Eastern Elevator Service, lnc.o Mowr€y Elevator Company of Florida. Oracle Elevator Company. Schindler Elevator Corporation. Suncoast Elevator Solutions, lnc.. ThyssenKruppElevatoro Xpert Elevator Services, !nc.
The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions,
and specifications of the ITB will be recommended for award per group, or in its entirety, as
well as award to primary and secondary vendors, as deemed in the best interest of the City.
Veterans and local preferences were considered during the tabulation of the bids received.
Please note that neither veteran nor local preference was applied to any of the bidders.
196
The bids were tabulated and the following table shows a summary of the results. A detailed
tabulation is included in Appendix A.
Comoanv Name
Estimated Annual
Maintenance & Repairs
" Mowerv Elevator Comoanv $ 175.647.00
Eastern Elevator Service. lnc.$ 199,080.00
Xoert Elevator Services. lnc.$ 213.045.80
Oracle Elevator $ 268,988.50
Suncoast Elevator Solutions $ 295.415.00
Schindler Elevator Corporation s 349.{45.00
Thvssenkruop Elevator Corp $ 362.s31.05
* During the evaluation of bids, Mowrey Elevator notified the Department of Procurement
Management (DPM) that they would not agree to compliance with the requirements of the
City's Equal Benefits Ordinance. Mowery was advised by DPM of the options available in
order to meet the requirements of the ordinance, including compliance on the basis of
Reasonable Measures application, which requires the vendor to pay a cash equivalent to
employees for whom benefits are not available. Mowery has refused to comply; and,
therefore, is deemed non-responsive to the requirements of the 1TB.
AWARD RECOMMENDATION OF FEBRUARY 5. 2014
On February 5,2014, the City Manager issued a recommendation to award contractsto
Eastern Elevator Service, lnc. as primary vendor, Xpert Elevator Services as the secondary
vendor, and Oracle as tertiary vendor. However, since that time certain material facts have
come to light which have necessitated the withdrawal of the City Manager's prior award
recommendation of February 5,2014, including (butnotlimitedto)significantissueswiththe
City's current elevator systems which require the City to assess these systems and develop
a long term plan for their maintenance, repairs and renovations, particularly for those
elevator systems where the systems and replacement parts are proprietary to a given
manufacturer.
CITY MANAGER'S REVIEW & REVISED RECOMMENDATION
After considering the review of City staff with regard to the services contained in the ITB and
the need for further due diligence from staff on how best to address the City's long term
elevator maintenance, repair and renovation needs, the City Manager has exercised his due
diligence and has revised his recommendation to the Mayor and the City Commission to
reject all bids received pursuant to lnvitation to Bid (lTB) No.069-2013, for Citywide
Maintenance.
It is anticipated that the City's analysis of its elevator systems and the award
recommendation for the maintenance of these systems can be finalized for the City
Commission's consideration at its October 22,2014 meeting.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission reject all bids received pursuantto lnvitation to Bid (lTB) No.069-2013, for
C itwrid e-tvl a i nten a n ce.
JLM/ffi,Ec/AD/Ar
I:\AGENDA\2014Uuly\Procurement\Award ITB 20'13-069 Elevator Maintenance MEMO.doc
197
THIS PAGE INTENTIONALLY LEFT BLANK
198
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To lssue Request For Proposals (RFP) 2014-290-YG For The Design, Manufacturing And
lnstallation Of A Removable/Retractable At The North Beach Band Shell
ltem Summary/Recommendation :
Advisorv Board Recommendation:
Financial lnformation:
AGEHBA NEM C2 F
Maximize the Miami Beach brand as a world class
Data Environmental Scan. etc: N/A
tn lanuary 2014,lhe City Administration began efforts to develop a North Beach Economic Development and
Revitalization Strategy Plan. The initial steps of the plan focus on gathering public input to serve as the
foundation. To date, two general public input meetings have been held with approximately 130 attendees at each
meeting. One additional meeting geared towards issues and obstacles'facing commercial property owners and
business owners of the area was also held with strong attendance. Another general public input meeting was held
on April 22,2014, to fine tune the priorities for this plan and to work with the public in prioritizing concerns.
Economic Development staff is working to compile a master list of all of the concerns raised in the meetings with
the goal of working with the applicable department(s) to ascertain issues/concerns that can be resolved
immediately, those which require specific allocations through future budgets, and those that may require more
time, coordination with other entities, or further study in order to resolve. The Economic Development staff is also
working to undertake interviews with key stakeholders as identified by the Mayor and Commission, as well as the
Administration.
The public has been supportive of the North Beach efforts and they remain quite engaged an involved which has
led to the cultivation of some excellent input. Staff will strive to address the concerns and issues raised and to
prepare a realistic and implementable plan for North Beach's future for presentation to the Commission during the
summer months.
ln March 2014, Mayor Levine created the Mayor's Blue Ribbon Panel on North Beach Revitalization and
appointed three (3) members. The Blue Ribbon Panel has met weekly and has begun to identify a number of
items that could immediately help in the revitalization efforts. One such recommendation from the Blue Ribbon
Panel is a series of events, festivals, fairs and other activity to provide year around programming for the
community and attract visitors to North Beach. To that end, the Panel recommended obtaining a canopy or other
structure able to cover the audience area of the Band Shell. lt is believed that such a cover will protect attendees
at events and will encourage use of the facilities as the effects of weather can be mitigated using a canopy.
Funding was identified and included as part of a Capital Budget amendments early this year.
To seek proposals for the aforementioned canopy, the Administration is seeking approval to release the attached
RFP 2014-290-YG, for the Design, Manufacturing and lnstallation of a Removable/Retractable Canopy at the
North Beach Band Shell (the "RFP").
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the RFP 2015-290-
YG, forthe Design, Manufacturing and lnstallation of a Removable/Retractable Canopy atthe North Beach Band
Shell.
RECOMMENDATION
Authorize the issuance of the RFP 2015-290-YG, for the Design, Manufacturing and lnstallation of a
Removable/Retractable Canoov at the North Beach Band Shell.
Source of
Funds: ^ffid1
Amount Account
1 N/A 307-2538-000359 North Beach Quality of Life
2
Total
Financial lmoact Summary:
Alex Extension 6641
(s MIAMIBAACH s^rE 7e3-/c/199
MIAA,4IMffi&CH
City of Miomi 8eoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBIECT: Request For Approval To lssue For Proposals (RFP) 2014-290-YG For
The Design, Manufacturing And lnstallation Of A Removable/Retractable CanopyAt
The North Beach Band Shell
BACKGROUND/ANALYSIS
ln January 2014, the City Administration began efforts to develop a North Beach Economic
Development and Revitalization Strategy Plan. The initial steps of the plan focus on
gathering public input to serve as the foundation. To date, two general public input meetings
have been held with approximately 130 attendees at each meeting. One additional meeting
geared towards issues and obstacles' facing commercial proper$ owners and business
owners of the area was also held with strong attendance. Another general public input
meeting was held on April 22,2014, to fine tune the priorities for this plan and to work with
the public in prioritizing concerns.
Economic Development staff is working to compile a master list of all of the concerns raised
in the meetings with the goal of working with the applicable department(s) to ascertain
issues/concerns that can be resolved immediately, those which require specific allocations
through future budgets, and those that may require more time, coordination with other
entities, or further study in order to resolve. The Economic Development staff is also
working to undertake interviews with key stakeholders as identified by the Mayor and
Commission, as well as the Administration.
The public has been supportive of the North Beach efforts and they remain quite engaged
an involved which has led to the cultivation of some excellent input. Staff will strive to
address the concerns and issues raised and to prepare a realistic and implementable plan
for North Beach's future for presentation to the Commission during the summer months.
ln March 2014, Mayor Levine created the Mayor's Blue Ribbon Panel on North Beach
Revitalization and appointed three (3) members. The Blue Ribbon Panel has met weekly
and has begun to identify a number of items that could immediately help in the revitalization
efforts. One such recommendation from the Blue Ribbon Panel is a series of events,
festivals, fairs and other activity to provide year around programming for the community and
attract visitors to North Beach. To that end, the Panel recommended obtaining a canopy or
other structure able to cover the audience atea of the Band Shell. lt is believed that such a
coverwill protect attendees at events and will encourage use of the facilities as the effects of
weather can be mitigated using a canopy. Funding was identified and included as part of a
Capital Budget amendments early this year.
200
Reguesf fo /ssue RFP 2014-290-YG
Page 2
To seek proposals for the aforementioned canopy, the Administration is seeking approval to
release the attached RFP 2014-290-YG, for the Design, Manufacturing and lnstallation of a
Removable/Retractable Canopy at the North Beach Band Shell (the "RFP').
MAJOR RFQ REQUIREMENTS
The full RFP is attached for consideration. However, the most significant portions of the RFP
are as follows:
1. SCOPE OF WORK
Please Referto Section 0100-2, page2
2, MINIMUM QUALIFICATIONS
Please Refer to Section 0100-6, page 5
3. SUBMITTAL REQUIREMENTS.
Please Refer to Section 0315, page 15
4. CRITERIA FOR EVALUATION
Please Refer to Section 0305, page 13
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
the RFP 2015-290-YG, for the Design, Manufacturing and lnstallation of a
Removable/Retractable Canopy at the North Beach Band Shell.
RECOMMENDATION
Authorize the issuance of the RFP 2015-290-YG, for the Design, Manufacturing and
lnstallation of a Removable/Retractable Canopy at the North Beach Band Shell.
ATTACHMENTS
RFP 2015-290-YG, for the Design, Manufacturing and lnstallation of a
Removable/Retractable Canopy at the North Beach Band Shell
JLM/MT/KGB/MS/AD
T:\AGENDA\20l4UulyProcurement\lssuance RFP 2014-290-YG North Beach Band Shell Canopy MEMO.doc
201
S MIAMIBHACH
REQUEST FOR PROPOSAL
DESIGN, MANUFACTURE AND INST
RETYIOVAB tEl RETRACTAB LE CANO
BEACH BAND SHETL
RFP No. 2OI4-29O-YG
4
PRE.PROPOSAL TE: AUGUST 21,2014
ISSUED BY:
Yusbel Gonzolez, Senior Procurement Speciolist (Teom Lead)
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miomi Beoch, FL 331 39
www.miomibeochfl.gov
202
MIAMIBEACH
TABLE OF CONTENTS
PAGE
OO1OO. GENERAL INSTRUCTIONS TO PROPOSERS ...........3
00200. DEFIN|T|ONS............ ....(omitted)
00300. TNSTRUCTTONS TO PROPOSERS ............8
00305. EVALUATION METHODOLOGY..... ..........12
OO31 5. PROPOSAL SUBMISSION REQUIREMENTS
APPENDIXES:
A. PROPOSAL CERTIFICATION, QUESTIONNAIRE &
B. "NO BID" FORM
c. BtD TENDER FORM (COST
D. INSURANCE REQUIREMENTS
a I nnr 2ot4-2eo-Yc
203
MIAMIBEACH
01O(). GENERAL INSTRUCTIONS TO PROPOSERS:
1. General. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost Proposals (the
"Proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Propose(s) (the "contractor[s]") if this RFP results in an award.
The City utilizes PublicPurchase (v'/v'/w.publicpurchase. ) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addehdum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to thte RFP. Failure to receive an addendum may
result in disqualification of Proposal submitted.
,.
a==.."
,
2. Scope of Work: The City of Miami Beach is seeking pro*salg from qualifled firms to O.ri!l, manilfacture and
install a custom canopy at the North Beach Band Shell facility (thq, ffigcility")$B area of coverage for the canopy is
approximately 9,700 square feet. The scope of the prolect will consislffithe following:o Design and shop drawings 're-_ . ^o Obtaining all necessary permits " '.\
". Seek approval of shop drawings from the City *o t
.**o Manufacture canopy : L\r!"
o lnstall Canopy . :r:: .,.ro Warranty and maintail$:-.9. d of not less than five (5) yea r,''
"-" I
Canopy shall meet all appffib reqlii ments, including: building code, wind uplift, environmental and any other
applicable requirement =$O':CJg is also eking a non-permanenl (removable or retractable) canopy structure. For
removable structures, the sel@dcontraftr will be responsible for removing, storing and re-installing with a 48 hour
notice from the City.tiiJ
The selectlon process shall be as follows:
o -=.lnterest parties, pursuaht to this RFP, may submit their proposed designs, materials lists, project schedule,
,.,i:%6fiice offerings (mainten2nce, wananty, etc.) and cost proposals to the City.o ln accordance with the criteria established herein, the City will evaluate proposals received on the basis of
design, Qq.qlity of materials;+roject schedule, service offerings and cost.. The proposal deemed to have submitted the best combination of design, materials, project schedule,
service and cost may be submitted by the City Manager to the City Commission for approval.
lf approved by the City Commission, the City will finalize a contract and issue a Notice to Proceed (NTP). No work
may commence until such time as an NTP is issued by the City.
r I nrr zott-zio;'-ic
204
MIAMIBEACH
4. Location of Work: The address of the North Beach Band Shell is 7275 Colllns Avenue, Miami Beach, Florida
331 39.
GeneralArea:
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205
MIAMIBEACH
6. Minimum Requirements: ln order for proposals to be deemed responsive, Proposers must meet the minimum
requirement set forth herein. Non-responsive bids will be disqualified from consideration.. Proposer must be licensed as a General Contractor in the State of Florida.. Proposer must be licensed as a Canvas Awning Contractor by Miami-Dade County.. Proposer must have completed at least three (3) projects similar in scope and size in the past ten (10)
years.
7. Bid Bond: lntentionally omitted.
10. Procurement Gontact: Any concerning this solicitation shall be submitted to the
Procurement Contact named hereiri;=1fu*ing, with e Copi to the City Clerk's Office, Rafael E. Granado via e-mail:
9. Proposal Submission: One (1) unbound original proposal ,ust ne received on or before the date
stipulated herein for the receipt of proposals. Additionally, five (5) bound copies as well as a CD or flash
drive copy of the complete proposal are to be submitted to the City. The original proposal and all copies must
be submitted to the Department of Procurement Management in a sealed envelope or container stating on the
outside, the Proposer's name, address, telephone number, RFP number, title, and due date. Any proposals
received after time and date ;.,.F.$S.1{,,1,, will be returned to the Proposer unopened. The responsibility for
submitting a proposal befertli€''st*idd.,time and date iS solely and strictly the responsibility of the Proposer.
The City is not responslble for delCyb caused by mail, courier service, traffic, weather or any other
occurrence.
RafaelGranado@miamibeachfl.oov ; oi: ile: 786-3944188. The RFP title/number shall be referenced on all
correspondence. All questions or requesti forffia"riRcation must be received no laterthan ten (10) calendardays
prior to the date Proposals are due'as schedri.l Uin Solicitation Timeline. All responses to questions/clarifications will
be sent to all prospective Proposens in the form of an addendum.
Procurement Contact:
YusbelGonzalez
Telephone:
305.673-7490
Email:
YusbelGonzalez@miamibeachfl.gov
11. Pre-Proposal Conference: A Pre-Proposal Conference is scheduled for 2:00 p.m. on August 8,2014 in the City
Manaoe/s Conference Room located at 1700 Convention Center Drive on the 4tn floor.
Attendance (in person or via telephone) to this meeting is not mandatory but strongly encourage.
Proposers interested in participating in the meeting via telephone must follow these steps:(1) Dial the TELEPHONE NUMBER: 888-270-9936 (Toll-free North America)(2) Enter the MEETING NUMBER: 1142644# (note that the number is followed by the pound (#) key).
Additionally, interested parties are encouraged to visit the site prior to attending the Pre-Proposal
Conference.
The tentative schedule for this solicitation is as follows: .:,i,',:L
RFP lssued July 25,2014
Pre-Proposal Meeting August 8,2014
Deadline for Receipt of Questions August 21,2014
Proposals Due August 28,2014
Evaluation Committee Review & Proposer Presentations
(Presentations only if deemed necessary by the City)
TBD
Tentative Commission Approval Authorizing Negotiations October 22,2014
I I nrn 2oi4-2eo-Yc
206
12. PRE-PROPOSAL INTERPRETATIONS: Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede
terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective Proposer who
has received this RFP by any means other than through PublicPurchase must register immediately with
PuhlicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may
result in disqualification of Proposal submitted.
13. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement.solicitations once advertised
and until an award recommendation has been forwarded to the City Commission by,{fi6 City Manager are under the
"Cone of Silence." The Cone of Silence or-dinance is available at
http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her adminis$ative staff responsible for administering the
procurement process for this solicitation providing said communicalion i'S limited to mattersd process or procedure
regarding the solicitation. Communications regarding this ,solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City.Cleik at rafaelgranado@miamibeachfl.gov.
14. sPEclAL NoTlcES, You are hereby advised ,nri"'{$U,.rg.ilii;iion is subject to the forowing
ordinances/resolutions, which may be found on tnts\ljrCity Of Miami Beach website:
.*1
. PROTEST PROCEDURES ............................;.,,;..,.,,.-CITY CODE SESfrION 2-371. DEBARMENTPRoCEEDINGS ................i,...........;::.,{lryCODESE0t|ONS2-397THRoUGH2485.3. LOBBYISTREGISTMTIONANDDISCLOSUREOFFEES..=.............. CITYCODESECTIONS24SlTHROUGH2-406
o CAMPAIGN CONTRIBUT|ONS.*.RM
o CAMPAIGN CONTRIBUTIONS BY
CITY CODE SECTION 2487
CITY CODE SECTION 2488
MIAMIBEACH
ON PROCUREMENT
. REQUIREMENT FOR CITY CONTMCTORS TO PROVIDE EQUAL
BENEFrrs ron oouesld enRrrueRs ... . . .. ctTy coDE SECTIoN 2-373
. LIVINGWAGE-REAUREMENT...'=;',. ....:.}\i\l,i.iil\$iY,r.j"+r ._,in,,....... CITYCODESECTIONS240TTHROUGH2-410
o LOCALPREFERENCEFORMIAMIBEAGHAASEDVENDORS......... CITYCODESECTION2-372. PREFERENCE FOR FLORIDA SMALL BUS,}I\IESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE4ER-I}FIED SERVICE.
DISABLED VETEMN BUSINESS ENTERPRISH$j|..... CITY CODE SECTION 2-374
o 'FALSE
OLAIMS ORDINANCE. .. .....,.,.'........... CITY CODE SECTION 70-300
o ACCEPTANCE OF GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2449
Note: Ordinances may be amended any time prior to the receipt of bids, The most recently approved ordinance or version shallapply'
,. ' Remainder of page tntentionatty Left Btank
6 | RFP 2O14-290-YG
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MIAMIBEACH
OO2O(). DEFINITIONS:
0mitted.
()()3OO. INSTRUCTIONS TO PROPOSERS:
1. Due Dilioence and Site lnspections: lt is the responsibility of each Proposer before submitting a proposal, to:
1"1 Visit the site or structure to become familiar with conditions that may affect costs, progress,
performance or furnishing of the Work,
1.2 Iake into account federal, state and local (City and Miami-Dade Co*gg[y) laws, regulations, permits,
and ordinances that may affect costs, progress, performance, furnrshln$of the Work, or award,
1"3 Study and carefully correlate Propose/s observations with t,!,9 P, and
The submission of a proposal shall constitute an incontrovertibleffirer.nt tion-1, Proposer that Proposer
[?:ff,Hi?i#l[i[
above requirements and understands all tei,ms and cufiditie.q:,ll,'o.no,rrnce and
rstions answered by written Addenda witt ie binding and may
supersede terms noted in this RFP. Oral and other interpretations or clarifications will-be withoui
legal effect. All questions about the meaning or intent of the RFP are to be direCted to the City's
Procurement Director or designated representative in writin[:,:,lnterpretations or clarifications considered
necessary by the City in response to such questions will be issued by the City by means of Addenda mailed
or delivered to all parties recorded by'.th.E{itv's Procurement Direptol as having received the Bidding
Documents. Written questions should be_ recervq! no less than ten {10) calendar days prior to the
date of the opening of Proposals. There shalt be no obligation oh the part of City or the City's
Procurement Director to respond to queStions r*cn;y66:ifess than ten (10) calendar days prior to
original proposal opening$ stipulated inltrisi'oticitatioh.
3. Joint Ventures: Joint Ventu"# not allowed. W ,nt will conhact with a Prime Contractor only. Each
proposalshall be submitted by the Prime Contractororly. However, proposals may include sub-contractors
or sub-consultants to the Prime Contractor
i . ,,::, =
All p,roposals muSt be made upon the blank Proposal Tender Form included
price in$ict accordance with the instructions thereon. The proposal must be
by the Pioposer in accordance with the directions on the proposal form.
tion'ii6frii : The City reserves the right to reject any or all proposals prior to
award. REasonable
hundred twe_n$J120)
be made to either award the Contract or reject all proposals within one-
days after proposal opening date. A Proposer may not withdraw its proposal
unilaterally noi'ehEq,g-e*.tl.1i! Contract Price before the expiration of ninety (90) calendar days from the date of
proposalopenin$l:eA=:Proposer may withdraw its proposal afterthe expiration of one hundred twenty (120)
calendar days fm the date of proposal opening by delivering written notice of withdrawal to the
Department of Procurement Management prior to award of the Contract by the City Commission.
6. Determination Of Award: The final ranking results of Step 1 & 2 outlined in Evaluation of Proposals Section
will be considered by the City Manager who may recommend to the City Commission the Proposer s/he
deems to be in the best interest of the City or may recommend rejection of all Proposals. The City
Manage/s recommendation need not be consistent with the scoring results identified herein and takes into
consideration Miami Beach City Code Section 2-369, including the following considerations:
(1)The ability, capacity and skillof the Proposerto perform the contract.
4.
5.
herdin and must
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MIAMIBEACH
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efflciency of the Proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such
recommendation. The City Commission may also, at its option, reject the Ci[y Manager's recommendation
and select another Proposal or Proposals which it deems to be in the best inie$J of the City, or it may also
reject all Proposals. Upon approval of selection by the City Commission,;negotiathns between the City and
the selected Propose(s) will commence.
9.
10.
7.
8.
11.
Evaluation: An interim performance evaluation of the successful Proposer miy be submitted by the Contract
Adminishator during construction of the Project. A final perf-ormance evaluation sfatl be submitted when the
Request for Final Payment to the construction contractor'iib forwarded for approvEt--;1..a+ither situation, the
completed evaluation(s) shall be fonrrrarded to the Citgl$ Procurernent Director wno ihall p;gvlde a copy to
the successful Proposer. Said evaluation(s) may be used by t!p, City as a factor 'r4&ohsidering the
responsibility of the successful Proposer for future proposal*",!v, ith , ,,rfl
Contract Price: The Contract Price is & include the furnis'iffi all necessary design, labor, materials,
equipment including tools, seryices, pefuit es, applicable taxes, overhead and profit for the completion of
the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any
item(s) of Work not covered by a specific Contract unit price or lumpl,=i price shall be included in the
Contract unit price or lump sum price to which the item(s) is most appliedble.
Postponement of DE[g''.. 1$:i$$g.ntino and Openinq Proposals: fhe City reserves the right to postpone the
date for receipt ffiopening Of'pfuosals and will make a reasonable effort to give at least five (5) calendar
days written n$rGQtaly such p$lponement to each prospective Proposer.
Qualifications of Proposql$JEFi,ra$ sh-a,lf,..pe considered only from Proposers which submit their proposal
by the proposal's due date; Pioposbrs whofte-tiithe "Minimum Requirements"; and Proposers that submit
al I req uiEd documenlatio n a$te{ uested u nde i tTiis sol icitation.
!.
.,
ln determining a Prop'osdtls responS.ih-ili nd ability to perform the Contract, City has the right to investigate
and request information,concerninglhe financial condition, experience record, personnel, equipment,
facilities, principal busineis location and organization of the Proposer, the Proposeds record with
environmeiital regulations; and the claims/litigation history of the Proposer. The City reserves the right to
consider thiid=,party information (e.9., Dun & Bradstreet's Supplier Reports or similar) in determination of
capacity.
Addenda and Mqdifications: The City shall make reasonable efforts to issue addenda within seven (7)
calendar days prior to proposal opening. All addenda and other modifications made prior to the time and
date of proposal opening shall be issued as separate documents identified as changes to the Project
Manual.
Occupational Health and Safety: ln compliance with Chapter 442, Florida Statutes, any toxic substance
listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be
accompanied by a Material Safety Data Sheet (MSDS)which may be obtained from the manufacturer. The
MSDS must include the following information:
12.
e I nre 2o14-290-YG
209
MIAMIBEACH
12.1 The chemical name and the common name of the toxic substance.
12.2 The hazards or other risks in the use of the toxic substance, including:
12.2.1 The potential for fire, explosion, corrosion, and reaction;
13.
12.2.2 The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by
exposure to the toxic substance; and
12.2.3 The primary routes of entry and symptoms of overexposure.
12.3 The proper precautions, handling practices, necessary peffiat protective equipment, and other
safety precautions in the use of or exposure to the toxic substances, including appropriate
emergency treatment in case of overexposure. ,R.
12.4 The emergency procedure for spills, fire, disposffi nrsliO.
12.5 A description in lay terms of the known speiifqp ntial heBl$*risks posed by th0 toxic substance
intended to alert any person reading this informatioiW#+..,,,, '
12.6 The year and month, if available; that the informatioifu,compiled and the name, address, and
emergency telephone number of the manufacturer respons,O'.
li,,f,r:?,gring
the information.
'.: ""i;.,.
Environmental Reoulations: The City reserves tne right to consider a iroposefs history of citations and/or
violations of environmental regulations in investigating a Pioposer's responsibility, and further reserves the
right to declare a Propose-rg responsible if the history of violations warrant such determination in the
opinion of the City,,1,fli0p0 l; ll submit with its Proposal,'a complete history of all citations and/or
violations, notices. nd dispoSitifu thereof. The non-submission of any such documentation shall be
deemed to be ah=e.:4fu;tion by the Proposer that there are no citations or violations. Proposer shall notify
the City immediatellrb--T.ffice$,eny citation or violation which Proposer may receive after the Proposal
opening date and durinSittiejti.ffd'df prtoffi-aace of,,5ny contract awarded to it.
"Or Equal" Claus6: Wheneveiqmaterial, article or piece of equipment is identified in the RFP including
plans and specifications by reter€ffeito manufacturers' or vendors' names, trade names, catalog numbers,
oi.,otherwise, City, throUgh Consullant, will have made its best efforts to name at least three (3) such
references. Any such reference is ifitended merely to establish a standard; and, unless it is followed by the
words "no pubstitution is permitted" because of form, fit, function and quality, any material, arlicle, or
equipment,of:other manufacturers and vendors which will perform or serve the requirements of the general
design will be'considered equally acceptable provided the materials, affcle or equipment so proposed is, in
the sole opinion of CoilSultant, equal in substance, quality and function.
:.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR,
Protested Solicitation Award: Proposers that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Code Section 2-371, which establishes procedures for
resulting protested proposals and proposed awards. Protest not timely pursuant to the requirements of the
City Code shall be barred.
14.
15.
r I nre 2ot4-2eo-Yc
210
16.
MIAMIBEACH
Financial Stabilitv and Strenqth: The Proposer must be able to demonstrate a good record of performance
and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or
services required herein.
ln addition to other financial documents required to be submitted, the City may require, after receipt of
proposals, that Proposers shall submit financial statements for each of their last two complete fiscal years
within ten (10) calendar days, upon written request. Such statements should include, at a minimum, balance
sheets (statements of financial position) and statements of profit and loss (statement of net income). When
the proposal submittal is from a joint venture, each Proposer involved in the joint venture must submit
financial statements as indicated above.
The City reserves the right to consider third-pafty information (e g , puil ft.Bradstreet's Supplier Reports or
similar) in determination of capacity .t
r*
Any Proposer who, at the time of proposal submission, is involved'ip. an ongoing bankruptcy as a debtor, or
in a reorganization, liquidation, or dissolution proceeding, oiiif a trustee or receiver has been appointed over
all or a substantial portion of the properly of the Proposer under federal bankruptey.law or any state
insolvency, may be declared non-responsive. _
tt ||
Miami Beach-Based Vendors: Pursuant to City of Miami Beaeh.Code Section 2-372, afot r.n.. will be
given to a responsive and responsible Miami Beach-based vdafur, who is within five percent (5%) of the
lowest responsive, responsible Propos6..g n opportunity of providing said goods or contractual services for
the lowest responsive proposal amount)*ilVfie,.419ver, as a result of the foregoing preference, the adjusted
prices of two (2) or more Miami Beach-based vendors constitute the lowest proposal for a competitively
proposal purchase, and such proposals are responsive and otherwise equal with respect to quality and
service, then the award shall be made to the hfiami.&adh:be .wndor having the greatest number of its
employees that are Miami Beach residents. Whenever, two or moie Miami Beach-based vendors have the
same number of its employees that are Miami Beach residents, ihen the award shall be made to the Miami
Beach- based vqndorwho is certified by Miami-Daite
*!o1n,
as a Minority or Women Business Enterprise.
Veteran Business Enterprisgs:. F,.,.q uant City of Mil i g.r.n Code Section 2-374,|he City shall give a
prefer*q,119.e, to gresponsive and responsible Proposer which is a small business concern owned and
contrdfled"by a= ran(s) or which is a service-disabled veteran business enterprise, and which is within
$ percent (5%[of the,lgwest reSponsive, responsible Proposer, by providing such Proposer an opportunity
ffiiiJip-,roviding said goods or contractual services for the lowest responsive Proposal amount. Whenever, as a
result of the foregoing E. |Jprence, the adjusted prices of two (2) or more Proposers which are a small
businqsn,-rmncern owned biid controlled by a veteran(s) or a service-disabled veteran business enterprise
constittlt4;.it!.lp lowest proBosal pursuant to an RFP or oral or written request for quotation, and such
proposals''' i.e, ponsive*sponsible and othenivise equal with respect to quality and service, then the
award shall bE@e to the service-disabled veteran business enterprise.
\\':r'l:
Eoual Benefits Code Provision: Proposers are advised that this Proposal and any contract awarded
pursuant to this procurement process shall be subject to the applicable provisions of City Code Section 2-
373, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Code
Provision")." The Code Provision applies to all employees of a Contractor who work within the City limits of
the City of Miami Beach, Florida; and the Contracto/s employees located in the United States, but outside
of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
17.
18.
19.
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20.
MIAMIBEACH
Performance and Payment Bond: The successful bidder shall duly execute and deliver to the City a
Performance and Payment Bond in the full amount of the project. The Performance and Payment Bond
Form supplied by the City shall be the only acceptable form for these bonds. No other form will be
accepted, The completed form shallbe delivered to the City within 15 calendardays afterformal notice of
award. lf the vendor fails to deliver the payment and performance bond within this specified time, including
granted extensions, the City shall declare the vendor in default of the contractual terms and conditions, and
the vendor shall sunender its offer guaranty/bid bond, and the City shall not accept any offer from that
vendor for a twelve (12) month period following such default. The following specifications shall apply to any
bond provided:
A. All bonds shall be written through surety insurers authorized to do buSihess in the State of Florida
as surety, with the following qualifications as to management and financial strength according to
the latest edition of Best's lnsurance Guide, published ni 'n.M. Best Company, Oldwick, New
Jersey:
Bond Amount
500,001 to 1,500,000=i
1,500,001 to 2,50ft;000
2,500,001 to 5,000,000
5,000,001 to 10,000;S00.,,
Best Ratino
BV
AVI
A VII
4VfiA, IX
B. On contract amounts of $500,000 or less, the bonJ frovisions of Section 287,0935, Florida
Statutes (1985) shall be in effect and surety companies not othenuis-g qualifying with this paragraph
may optionally qualify by: i1. Providing evidence that the surety has twice the mi*imum surplus and capital
required by the Florida lnsurance Code at the time the solicitation is issued;2. CerJifuir$-$at the surety is othenuise in complianie with the Florida lnsurance Code;and *
_#g3. ,.-f viding a efiii* of the currently valid Certificate of Authority issued by the United
Stateg Oipartffit of the Treasury under SS. 31 USC 9304-9308.
Surety insur6B'Shall,.$#i$li..1ed,.L.!,,,.,.. e latest Circular 570 of the U.S. Department of the Treasury
entitled "Surety CompanidSlcdeF"ffil#.9n Federal Bonds", published annually. The bond amount
shall not e1g,q9d thd u riting linilffrions as shown in this circular.
-c.
D.
E.
For contracts" +xcess ofr$S0:000 the provisions of Section B will be adhered to plus the company
must have been'listed for atll€ast three consecutive years, or holding a valid Certificate of Authority
of at least 1.5 million dollarS and on the Treasury List.
Sur$ Bonds guaranteed through U.S. Government Small Business Administration or Contractors
Traiilng and Development lnc. will also be acceptable.
ln lieu of a bond, an irrevocable letter of credit or a cash bond in the form of a certified cashie/s
check made out to the Board of City Commissioners will be acceptable. All interest will accrue to
Miami-Dade City during the life of this contract and/or as long as the funds are being held by
Miami-Dade City.
The attorney-in-fact or other officer who signs a contract bond for a surety company must file with
such bond a certified copy of power of attorney authorizing the officer to do so. The contract bond
must be counter signed by the surety's resident Florida agent.
F.
rr I RFP 2Ot4-2eO-YG
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MIAMIBEACH
OO3O5. EVALUATION METHODOLOGY
1 . Two Step Evaluation. The evaluation of responsive proposals will proceed in a two-step process. The first
step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The
second step will consist of quantitative criteria established below to be added to the first step scores by the
Procurement Management Department.
2. Evaluation Comittee: An Evaluation Committee, appointed by the City Manager, shall meet to evaluate
each Proposal in accordance with the qualifications criteria established below. ln doing so, the Evaluation
Committee may: .=,a. Review proposals received and short-list one or more proposers to be considered during Step 2 of
the evaluation; or
b. Review proposals received and interview or receive prese*tations from one or more proposers in
order to develop a short-list of one or more proposers to be corcidered during Step 2 of the
evaluation.
3. Step 1 Evaluation (Qualitative Criteria):
Step 2 Evaluation (Q*q$[itiqtPJ Criteria): Follbwing the resultf'df Step 1 Evaluation of Qualitative
criteria, the propose ,#ay'i#ellte additional points to be added by the Department of Procurement
Management to.th ee points eamed in Step 1. Proposer must submit qualifying evidence with their
proposals in oider , ',: ,o'-*,,,,',1,, cate'0ry' -'
. Points Awarded EMiami Beach-Based Vendors and Veteran's Preference shall be in
accordance to City Code.
t2 I RFP 2014-2eO-YG
213
6. Determination
MIAMIBEACH
5. Price: Points awarded to the proposer for cost proposals shall be developed in accordance with the
formula:
Sample Obiective Formula for Cost and Suoolier Risk Score
Vendor Vendor
Cost
Proposal
Example
Maximum
Allowable Points
Formula for Calculating Points
(lowest cost / cost of proposal
being araluated X maximum
allowable points = awarded
ooints)
Total Points
Awarded
Vendor A $100.00 20 $100 / $100 X.20..= 20 20
Vendor B $150.00 20 $100 / $15(}.'x=20'=13 13
Vendor C $200.00 20 $100 /.$.t0.0X 20 = 10 10
of Final Ranking. At the conclusion of thr
d$r "':.:::'.+rt;.
Eva I u ati o fi::C o m m itteii,1.$,...!qp 1 sco ri n g, Ste p 2 Po i nts
will be added to each evaluation committee member's scores by the Department of Prd6g-=i*rnent Management. Step
1 and2scores will be converted to rankings in accordance with t,f ample below: ==
ffi,iii,l.=
$,ill odmqittee
lli',' MemfE-F+
Step 1
Points 82 11,.1 76 80
Step 2
Points
$lllt irr .ri iliiiifu.,B.g*. 10 l.:J 5
Total
-*q$"Ntl*#{s2 :${85
=R'inkt
li\i.=.":l==3 2
Step 1
Points
Lu.ffi'. -"1 on :xh 72
stgp z
Points 10 7 5
Tohl =f:00 92 79
Rark 2 3
Step 1
Points 80 74 bb
10 7 5
{;.1t i Total 90 81 72
1 +3
. Final=fiagkihg is presented to the City Manager for further due diligence and
recommffiation to the City Commission. Final Rankinq does not constitute an award
recommendation until such time as the City Manager has made his recommendation
to the City Commission, which may be different than final ranking results.
By submitting a proposal, all Proposers shall be deemed to understand and agree that no property interest
or legal right of any kind shall be created at any point during the aforesaid evaluation / selection process
until and unless a contract has been agreed to and signed by both parties.
1$ | RFP 2O14-2e0-YG
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MIAMIBEACH
00315. PROPOSAL SUBMISSION REQUIREMENTS
1. FORMAT FOR SUBMITTAL. Proposal packages must contain all the information requested in the following
documents, each fully completed, and signed as required. Proposal packages which do not include all
required documentation, or are not submitted in the required format, or do not have the appropriate
signatures on each document, may be deemed non-responsive. The City reserves the right to request any
documentation omitted, with exception of the Proposal Price form. Proposer must submit the
documentation within three (3) calendar days upon request from the City, or the proposal may be deemed
non-responsive. Non-responsive proposal packages will receive no further consideration.
Proposers may not dictate the circumstances under which the documenti afe'deemed to be confidential.
Only the State Legislature may determine which public records are subjedt to disclosure and which are not.
Moreover, a private party cannot render public records exempt from'di5closure merely by designating as
confidential the material it furnishes to the City. The desire of the private party !o maintain privacy of certain
materials filed with the City is of no consequence unless"S..ttsh materials fall uvithin a legislative created
exemption to Chapter 1 19, Florida Statutes. *r
)F*
2. CONTENTS AND FORMAT OF PROPOSAL. To fa--ci[t&]view of proposals, eroposers are requested to
submit proposals in the format stipulated in this sectioil; iniftilinylearly identifying each proposal section (tab).
2.1 (TAB 1) - IDENTIFICATION PAGE AND TABLE OF CONTENTS: Proposer shall provide an ldentification Page
including the following information:
2.1.1 Cover Letter.
2.1.1.1 Name of Proposer (Prime Contractorr).
2.1.1.2 Address of submitting Proposer. (Note:.if co venture, specify)
2.1.1.3 E-mail address for the appropriate contact person at the submitting company.
2.1.1.4 Phone:narnber and facsimile number of submiting Proposer.
2.1.1.5 r Federal Tax ldentification Number for submitting Proposer.
2.1.'1,,r..:.$iDgclaration\@arding company organization, whether as Corporation, Partnership, or
2.1.1.7 Si$$ffilp,,of officer or other individual of the submitting Proposer who has the
..:.= authcifi&it.-r, bind said F-,i-$ffi,,f,. '1.1.1.8=rinted'ntfue,of the authotkbd signing officerorotherindividual.
2.1.1.9 Title of tne iuifrorizedsigning offiier.
-
:':' 2'L1'10 Dateof signatUff'1'r''
2.1.2, Table of Contents. ,
t"'
2.1.3 Appendix A, Proposal Quebtionnaire, Certifications & Requirements Affidavit.
2.2 (lAB 2) - COMPLIANCE WITH MINIMUM REQUIREMENTS: Proposer shall submit verifiable documentation
that demonstrates Proposer iS in full compliance with the Minimum Requlrements noted on page 6 of the Public
Notice Section. For those minimum licensure requirements, proposer shall submit copies of the applicable
license. For those experience qualifications, proposer shall submit specific projects and project contact
information.
2.3 (TAB 3) - QUALIFICATIONS OF PROPOSING FIRM: Submit detailed information regarding the firm's history
and relevant experience and proven track record of providing the scope of services similar as identified in this
solicitation, including experience in providing similar scope of services to public sector agencies.2.3.1 Each Proposer shall furnish a list of all projects demonstrating experience with the
requirements of this RFP. ln order to properly evaluate the proposals, the City requests that each
Proposer submit prolect references for previous projects completed within the last five (5) years
that include the following information and components:
tc I nre 2o14-2eo-YG
215
MIAMIBEACH
2,3.1.1 Prolect name
2.3.1,2 Project location
2.3.1.3 Brief description of work performed
2.3.1.4 Names, addresses, telephone number, fax number, and contact name for the following:
2.3.1.5 OwnerorAgency
2.3.2 Bonding Capacity. Proposers shall provide proof of bonding capacity (Performance and
Payment Bond) suitable for the scope of work from a Surety firm rated by AM Best as to be no less than A-
(Excellent) and within a Financial Size Category of no less than the full value of the project.
2.4 (TAB 4)- PROPOSED DESIGN & MATERIALS: Submit detailed conceptual drawings indicating the proposed
design for the prolect. lnclude, at a minimum, canopy design and construction (including retractable or removal
system), materials list, weatherability of materials, ease of use, and proven design performance.
2.5 (TAB 5)- PROJECT SCHEDULE: Submit a detailed prolect schedule which indicateslimeline for all pertinent
project activities, up to and including completion, from date of Notice to Proceed.
2.6 (TAB 6)- SERVICE OFFERING: Submit detailed responSes& the following service related factors.
2.6.1 Warranty. Provide detailed warranty'informatil+n indicating no less than five (5) years full
replacement warranty.
2.6.2 Maintenance. lnclude proposed maintenance program to assure that functional and aesthetic life
of structure is maximized.
2.6.3 Removal and Storage. For removal canopy structures (rather than retractable), submit details on
how proposer intends to remove, store and re-install canopy. lll'lu
2.7 (TAB8) COST PROPOSAL: Submit completed cost proposal form which will indicate Proposers firm, fixed price
for the Prolect.
2.8 (TAB 9) Required fo Appendii f : Submit all forms included in Appendix F, Required Forms.
= , .. Re, iinder of Page lntentionally Left Blank
: ::::l
::
rs I RFP 2O14-2eO-YG
216
APPENDIX A
,R Mr&&Armffi&ilil{
Proposo I Certificotion,
auestiohnoire &
R e q u i re rffB,QJ-s Affid o vit
-it^:
!i4
DESIGN;' MA.N U FACTU RE AN D I NSTALL
R EMOVAB LE/R ETRACTA B LE CAN O PY
^
i,,:,i,ui+;,,4;t Oil1EAc H BA N D s H E LL
= =flFP 201 4-290-YG
PROCUREMENT DIVISION
l70O Convention Center Drive
Miomi Beoch, Florido 33139
te I nnn 2o14-2eo-YG
217
Solicitation No:
2014-290-YG
Solicitation Title:
DESIGN, MANUFACTURE AND INSTALL
REMOVABLE/RETRACTABLE CANOPY AT NORTH BEACH BAND
SHELL
Procurement Contact:
YUSBEL GONZALEZ
Tel:
305-673-7490
Email:
YusbelGonzalez@miamibeachfl .qov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of
certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of
responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal
Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
1 General Proooser lnformation
No of Years in Business:No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O VEARS:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
General Proposer lnformation.
l7 I RFP 2014-2eO-YG
218
1.
2.
3.
4.
5.
b.
Miami Beach Based (t5]..lJ;r. ts er5...lil'.n MiamiBeach based firm status?
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt
issued by the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 201'1-
3747 ,to demonstrate that the Proposer is a Miami Beach Based Vendor.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
[-_l ves [--_-l t'to
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation
proving that firm is certifled as a veteran-owned business or a service-disabled veteranowned business by the State of
Florida or United States federal government, as required pursuant to ording;e6,2011-3748.
Conflict Of lnterest. All Proposers must disclose, in their Proposal, fie nametst of any officer, director, agent, or
immediate family member (spouse, parent, sibling, and child) who_is also an employee of the City of Miami Beach.
Further, all Proposers must disclose the name of any City emptoyee who owns, either directly or indirectly, an interest
often(10%)percentormoreintheProposerentityoranvo['i,f.affiliates........
SUBMTTTAL REQUIREMENT: Proposers must discloie til{.. .trt .oJ a.!y officer, directoi, agent, or immediate
family member (spouse, parent, sibling, and child) who is al@il.i;emiiloyee of the City of Miami Beach. Proposers
must also disclose the name of any City employee who owns, eitflHp directly or indirectly, an interest of ten (10%)
percent or more in the Proposer entity or any of its affiliates
References & Past Performance. Proposer shall submit at least three (3) i6f6iences for whom the Proposer has
completed work similar in size and nature as the wgf refere.lced in solicitatiori,-
SUBMITTAL REQUIREMENT:ftr.each reference submitted, the foll0wing information is required: 1) Firm Name, 2)
Contact lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services
Suspension, Debarment or-Contfa@ancellation. Hai''Proposer ever been debarred, suspended or other legal
7.
,I}
Vendor Campaign Contributi$1ns. Proposers are expected to be or become familiar with, the City's Campaign
Finance Reform. as co{fied in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely
responsible for enS..tiff$$ fhalell applicable provisions of the City's Campaign Finance Reform laws are complied with,
and shall be subject toQnv':'and all sanctions, as prescribed therein, including disqualiflcation of their Proposals, in the
event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a
controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest
indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement
Management Department with its response or within five (5) days upon receipt of request. The Code shall, at a
ta I nre 2014-2eo-YG
219
8.
minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County"
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of
Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of
Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procuremenU.
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time,
Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living
wage rates listed below:. Commencing with City fiscal year 2012-13 (October 1,2012), the hourly...,ltyjng rate will be $1 1.28lhr
with health benefits, and $12.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of t!ffihqity Commission be indexed annually for
inflation using the Consumer Price lndex for all Urban Consumers (CP=l=1flVidlp/Ft. Lauderdale, issued by the U.S.
Department of Labo/s Bureau of Labor Statistics. Notwithstanding thefucediiig="=.?io annual index shall exceed three
percent (3%). The City may also, by resolution, elect not to index th{iving wd$'S-,'!Ate in any particular year, if it
determines it would not be liscally sound to implement same (in a particulat year). =;=
Proposers' failure to comply with this provision shall be deemed a material breach under thii pr,oposal, under which the
City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended.' Further information on
the Living Wage requirement is available at www.miamibeachfl,gov/procuremenU.
SUBMTTTAL REQUIREMENT: No aOOitionffiiii-q5tal is requireO. By virtue of executing this afiidavit document,
Proposer agrees to the living wage requirement.q ' , ,*t& " ,Yl
Equal Benefits for Employees with Spouse\an{.,frhpBi,pq= with Domestic Partners. When awarding
competitively solicited contracts.:v.a|Ued at over $100iQ.qgfuhose cofi@tors maintain 51 or more full time employees
on their payrolls during ?_0 or more calendar work weqks, the Equal Benefits for Domestic Partners Ordinance 2005-
3494 requires ceftain contractors doingtusiness with tha-City of Miami Beach, who are awarded a contract pursuant to
competitive proposals, t6. prgvide "EQiat Benefits" to therrpemployees with domestic partners, as they provide to
employees with spouses. Th$ Ordinanie applies to all em$oyees of a Contractor who work within the City limits of the
City of Miamj-.BeachJlorida; and the Contracto/s employees located in the United States, but outside of the City of
Nliami aegp fiit$*-h'E=...qf,,,q directly pqrforming work on th-e contract within the City of Miami Beach.
A. Qg$ your company pro*vide or offer access to any benefits to employees with spouses or to spouses of
"'*er:,I;^' qfu,a-lves EuoB. DoeS=f$Urtompany provid6i r offer access to any benefits to employees with (same or opposite sex) domestic
Rartners*;r#t& esticn$rsofemnloyees?
f-_l f.fO
C. Please check EII benefits that apply to your answers above and list in the "othe/' section any additional benefits not
already specified. N.ete: some benefits are provided to employees because they have a spouse or domestic paftner,
such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical
insurance.
9.
BENEFIT Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical
Leave
Bereavement
tt I nre 2o14-2eo-Yc
220
Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no
insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable
Measures compliance, To comply on this basis, you must agree to pay a cash equivalent and submit a completed
Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures
Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the
City Manage/s decision is final. Further information on the Equal Benefits requirement is available at
www. m iami beachfl . gov/procuremenU.
10. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,
states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a proposal, Proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a proposal, Proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work, may not submit proposals, Proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, s!4.Spfier, subcontractorg consultant under a contract
with any public entity; and may not transact business with any*g;trblic CIntity in excess of fte threshold amount provided
in s, 287.017 for CATEGORY TWO for a period of 36 mpdttis following the date of being placed on the convicted
vendor list.
SUBMITTAL REQUIREMENT: No additional submittal ir #t€f,fud.ey virtiie of executing this affidavit document,
Proposer agrees with the requirements of Section 287.133, Floridi*,',$tatutes, and certifies it has not been placed on
convicted vendor list.
11. Have you ever failed to complete any work
l__l vrs
awardedt:]to tou? lf so, where anffifl
NO SE
SUBMITTAL REQUIREM-E$-T,{yes, submit information on project, agency, agency contact and reason why
contractor failed to complelE woik;l i,
12. Has a surety company eVe*Frvened to assist a govemmental agency or other client of the proposer in completing
work that the proposer failed to completg? , 1.i,..,,,,,,,,=,,,,.,,,.
l: ll vrs
ST BMIITAL REQUIREMENT::[f yes, subffi owner names, addresses and telephone numbers, and surety and project
names, fdr all projects for which,you have'performed work, where your surety has intervened to assist in completion of
the project, w.l1.q, er or not a claim was made"
Bankruptcy. M Proposei filed any bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. lnclude in
the description the disposition of each such petition.
l__l vrs [_-l r.ro
SUBMITTAL REQUIREMENT: lf yes, list and describe all bankruptcy petitions (voluntary or involuntary) which have
been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5)
years. lnclude in the description the disposition of each such petition.
Litigation History. Has Proposer or any principal or employee of the Proposer (relating to professional endeavors
only) been the subject of any claims, arbitrations, administrative hearings and lawsuits brought by or against the
Proposer or its predecessor organization(s) during the last five (5) years.
[__l vrs [__l ruo
Wll,,P*o
13.
14.
m I nre 2ot4-2eo-YG
221
15.
16"
17
SUBMITTAL REQUIREMENT: lf yes, list all case names; case, arbitration or hearing identification numbers; the name
of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of
the claim.
Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole
Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal
Government or any State or Local Govemment or subdivision or agency thereof?fl ves [---l trto
SUBMITTAL REQUIREMENT: lf yes, list the specific cases and the charging agency.
Principals. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial
interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10o/o or more of the
outstanding capital stock in any corporation or a direct or indirect interest of J{Yo or more in a firm. The term "firm" shall
mean any corporation, partnership, business trust or any legal entity other than a natural person.
Acknowledgement of Addendum. After issuance of solicitation, the City may releaseone or more addendum to the
solicitation which may provide additional information to Proposeis or alter solicitation r6Q'uirements. The City will strive
to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com.
However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to
solicitation. This Acknowledgement of Addendum sebtion certifies that the Proposer has received all addendum
released by the City pursuant to this solicitation. Failure to obtain ned asknowledge receipt of all addendum may result
lnitial to
Confirm
Receipt
lnitialto
Confirm
Receiot
lnitiAlto
cd $r
ReCbipt
Addendum 1 Add€ndum6 Addendum
11
Addendum 2 Addendum 7
I
Addendum
12
Addendum 3 Addehdum 8 Addendum
13
Addendum 4 Addendum 9 Addendum
14
,t{de,X,f,um s Addendum
10
Addendum
15
lf additional confirmation of addendum is required, submit under separate cover
Remainder of Page lntentionally Left Blank.
*l I nrr 2oi4-2eo-YG
222
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City"
In its sole discretion, the City may withdraw the solicitation either before or after receiving Proposals, may accept or reject Proposals, and
may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without tiqlta,!1g, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion. Jl
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does n ovid€ny.assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shbll be at the iecipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided b e City without any warranty
cr representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representalion.is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation or app,foval
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility Ut_,. . submitting such Proposal,
This solicitation is made subject to correction of errors, omissi,eni;'or wrthdrawal from the marketwithout notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when f,:froposal (or Fropqmls)=s same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executid by the parties;':a6then only pursuant to the terms of the definitive
agreements executed among the parties. Anf,re,siponse to this solicitalion may be acmpted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City
The City is governed by the Government-inthe-Sunsiine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submifted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the (-qLg=.,.q0 time selected for opening the responses. At that time, all documents received by the City shall become
public records. I llr rrNt'is:l.-,;16 ,,.,,,
Proposers are exrcbteO to make an iisctosures anJ iectarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges.and,agrees that the City h$$itlie right t6'make any inquiry or investigation it deems appropriate to substantiate or supplement
informationtonteined in the Proposal, and auihorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certi{i,a$ L,that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
information, and belief. - .::=
:uuuuuuut:
Notwithstanding the foregoih$.. - yihing co.ntained in the solicitation, all Proposers agree that in the event of a final unappealable judgment
by a court of competent jurisdiction whigh imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with r$$ffiet-thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall }iCIt be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
t* | nre 2oi4-2eo-YG
223
I hereby certify that: l, as an authorized agent of the Proposer, am submitting the following information as my firm's
Proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of Proposal submitted; Proposer has not divulged,
discussed, or compared the Proposal with other Proposers and has not colluded with any other Proposer or party to any
other Proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this Proposal,
inclusive of the Certifi cation, Questionnaire and Affidavit are true and accurate.
Name of Proposeis Authorized Representative:Title of Proposeds Authorized Representative:
Signature of Proposeis Authorized Representative:uarc:
State of FLORIDA )
)
On this _day of _, 20_, personally
appeared before me who
County of ) stated that (s)he is the
a corporation, and that the instrument was
signed in behalf of the said corporation by authority of its board of
directors and acknowledged said instrument to be its voluntary act
and deed. Before me:
of
Nz
23 | RFP 2O14-2e0-YG
224
APPENDIX B
&&,4tA&Armm&tN
ttNo Bid","Form
DES|GN, MANUT=ffi,h/_RE AND TNSTALL
REMOVABLE/RETBA ThBLE CANOPY
AT NOR,T BEAqfi ND SHELL
#
..i":;ill=:::lii ,' = RFP 2$]4-290-YG
PROCUREMENT DIVISION
l7O0 Convention Center Drive
Miomi Beoch, Florido 33139
ec I nre 2ot4-29o-Yc
225
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_OTHER. (Please specify)
I ll rl\r
We do _ do not _ want to be retained on your mailing list for future proposals
of this type'F$ct andlor service. ,,.
,.,,,,.,
Note: Feiildfb$ r..e-pond, either by submitting a proposal or this completed form,
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
PROPOSAL#2014.290.YG
1700 Convention Center Drive
MIAMI BEACH, FL 33139
may result ipour company being removed from our vendors list.
2e I nre 2o14-2eo-Yc
226
APPENDIX C
g AAIA&AImxATH
=Cost Tend rm
':::::::... 'K
-',, ,,,- ,, **ot"'
,,
-
DESIGN, MAN U rACI'U'R,E AN n TNSTALL, ,\
R EMOHBTryR ETRACTAB LE CAN O PY
AT-NEDTRI,BEACH BAN D SH ELL, ;yffa,1,,:,"],,li
-
tu,.-
-
=.._..
*%RFPffio 14-290-YG
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
This Cost Tender Form is to be provided in a sealed
envelope submitted with the Proposal and received bv
the Gitv on or before the deadline for receipt of
Proposals.
ea ! nre 2u4-2eo-YG
227
APPENDIX D - COST TENDER FORM
Section 1 - Certification. The undersigned, as Proposer, hereby declares that the only
persons interested in this proposal as principal are named herein and that no person other than
herein mentioned has any interest in this proposal or in the Contract to be entered into; that this
proposal is made without connection with any other person, firm, or parties making a proposal;
and that it is, in all respects, made fairly and in good faith without collusion or fraud.
The Proposer further declares that it has examined the site of the Work and informed itself fully
of all conditions pertaining to the place where the Work is to be done;t*het it has examined the
RFP and all addenda thereto furnished before the opening of thg fibposals, as acknowledged
below; and that it has satisfied itself about the Work to be Otry.X.lped; and all other required
information with the proposal; and that this proposal is submitted voiuntarily and willingly.
t::uut:
The Proposer agrees, if this proposal is accepted, to contract wltff;.the City, a political
subdivision of the State of Florida, pursuant to the-td'rms and conditions oJ the RFP and to
furnish all necessary materials, equipment, m'achinery, tools, apparatus, means of
transportation, and all labor necessary to construct and complete within the tim6,,liri$itb specified
the Work covered by the RFP for the Project entitled: $r
DESIGN, MANUFACTURE AND INSTALL REMOVABLE/RETRACTABLE CANOPY AT NORTH
BF- CH BAND SHELL
BrP; zpl n;2?0-YG
The Proposer also agrees to furnish the rdQuired,==,,,F6d'.o.,Emanc-e Bond and Payment Bond or
alternative form of security,,if permitted by the City, eaCh:foi not less than the total proposal
price.
ln the event of arithmdtical errors between the dirl-.,lsion totals and the total base proposal in the
RFP Price Form, the Proposer agrees that the total base proposal shall govern. ln the event of
a discrepancy,between the numerical total base proposal and the written total base proposal,
the written ta bH$- proposal shall goveih.'{n.absence of totals submitted for any division cost,
the Cityshall interpre,tfiiff.
;Oropo--al
for the division, which may disqualify the Proposer.
Name of Propose/s Authorized Representative:
..:.4.::::.4.::::= .iti
Title of Proposeis Authorized Representative:
Signature of Proposei5 Authorized Representative:
t.,.
$
Date:
State of FLORIDA On this _day of _, 20_, personally
appeared before me who
stated that (s)he is the
, a corporation, and that the inskument was signed in behalf
of the said corporation by authority of its board of directors and acknowledged
said instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
County of
My Commission Expires:
228
Section 2 - GUARANTEED MAXIMUM PRICE (GMP) FORM
DESIGN, MANUFACTURE AND INSTALL REMOVABLEIRETRACTABLE CANOPY AT NORTH
BEACH BAND SHELL
RFP 20r 4-290-YG
- t.Tr,Et, shall indii-- aOOitiona,l cost necessary to complete proposed design.
wnlrtEN foTAL: 4fi t ,t':'.
PROPOSER'fP,rint):
ADDRESS: Ef,.
1
Design, Furnish and lnstall
Removable/Retractable Ganopy at
North Beach Bandshell (as
prooosed).
1
.::il7
2 Remova!, Storage and Re-install (if
not proposinq retractable)
I pqffil*
OccurrEtlte
3 WarrantyYears 1 - 5 5 Per Year=
4 Yearly Maintenance 5 Per Year
5*.'%#Nu*
6*
7*
8*
9*
CITY/STATE: =ZIP:
FEDERAL I.D. #:
NAME/TITLE OF REPRESENTATIVE (Print):
SIGNED:
(l certify that I am authorized to execute this proposal and commit the proposing firm)
2S I RFP 2014-2eO-YG
229
\;h ,,,;
lnsuroncd RequiB ents
APPENDIX D
&ffir&&ArmH&tr{
',1,., . RFP 201 4-290-YG
DESIGN- i FACT.URE AND INSTALL
R EMOVAB LE/R EIRACTAB LE CAN O PY
=,,. AT NeRTITIBEACH BAND SHELL
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
ze I nre 2o14-2eo-Yc
230
g MIAIIAI BIACH
The contractor shall furnish to Department of Procurement, City of Miami Beach, 1700 Convention Center
Drive, 3d Floor, Miami Beach, Florida 33139, Certificate(s) of lnsurance which indicate that insurance
coverage has been obtained which meets the requirements as outlined below:
A" Worker's Gompensation lnsurance for all employees of the vendor as required by
Florida Statute 440.
B. Commercial General Liability on a comprehensive basis, including Contractual Liability,
Products/Completed Operations, in an amount not less than $1,000,000 combined single
limit per occurrence for bodily injury and property damage. City of..$[ianil'rBeach must be
shown as an additional insured with respect to this coverage.
C" Automobile Liability lnsurance covering all owned, non-owtred and hired vehicles used
in connection with the work, in an amount not less than $1i,S00,000 combined single limit
per occurrence for bodily injury and property damage.D. lnstallation Floater Insurance for the completed value of thd'project, in0litliling coverage
for material & equipment to be installed during the-course of this project. City of Miami
Beach shall be included as a Named lnsured on this policy, as its insurable interest
may appear. This policy shall remain in force until'acceptance of the project by the City.E. Professional Liability lnsurance in an amount not less than $1,000,000 with the
deductible per claim, if any, not to exceed 10% of tnpof iability.
Contractor agrees to waive subrogation in Qgglof the City. All deductibles for insurance required in the
Agreement are the responsibility of the Contraijgr. .' ,
,,..
The insurance coverage required snall inclJd..iiEF=A""fications, ,. f irt"O in standard liability
insurance manuals, which most nearly reflect thei'gperaffi'of$e vendor.
All insurance policies required above shall be issreO iV .orprnies autnorir"d to do business under the
laws of the State of Florida, with the following qualifications:
The company must be rated flo less than "B" as to management, and no less than "Class
V" as to financial str6n$th, bV the latest edition'of Best's lnsurance Guide, published by
A.M. 8pfi,f,[Q.gppany, Oldwick, New Jersey, or its equivalent, subject to the approval of the
City RiSk Mahagement Division.
;.
.,r [he company mud'ti,ffi#ld a valid,Florida Certificate of Authority as shown in the latest "List'" df All lnsurance Com$'dhies Authorized or Approved to Do Business in Florida" issued by
the $tale of Florida Department of lnsurance and are members of the Florida Guaranty
Fund. .--. =
Certificates will inffie no modiiication or change in insurance shall be made without thirty (30) days in
advance notice to the+brtifi holder.
CERTIFICATE HOLDER TTllUST READ:
CITY OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE
3'd FLooR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation
under this section or under any other section of this agreement.
231
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232
c4
COMMISSION COMMITTEE
ASSIGNMENTS
233
g MIAMIBEACH
City of Miomi Beqch, 1700 Conveniion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members olthe City Con{nission
FRoM: Jimmy L. Morales, City Manager h
g
DATE: July 23,2014 tI
SUBJECT: REFERRAL TO THE PLANNING BOARD.
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
TO ESTABLISH DEMOLITION PROCEDURES FOR ALL PROPERTIES IN THE
CITY
ADMINISTRATION RECOMMENDATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND
On March 11,2014, the Historic Preservation Board discussed the issuance of demolition permits
for structures located outside of local historic districts. The Land Development Regulations (LDRs)
of the City Code do not currently provide for any formal demolition process or procedure when a
total demolition permit is requested for any commercial or multi-family structure which is not locally
designated, or within a locally designated historic district.
The Board requested that the Mayor and City Commission consider having the Administration
develop a formal process to be included in the LDRs, which outline a procedure for the review of
demolition permits for potentially architecturally significant structures which are not locally
designated.
On April 23,2014, at the request of the Historic Preservation Board, the City Commission referred
this request to the Land Use and Development Committee. On June 12, 2014, the Land Use
Committee discussed the proposal, and recommended that the City Commission refer an
Ordinance Amendment to the Planning Board.
ANALYSIS
Currently, the Land Development Regulations (LDRs) in the City Code do not provide a process for
the approval of a demolition permit, with the exception of structures that satisfy one of the
following:
o The structure is located within the boundaries of a Local Historic District;o The structure is an individually designated Historic Site or Historic Structure;o The structure has been determined to be an Architecturally Significant Single Family Home
constructed prior to 1942.
On April 10,2002, the City Commission adopted an Ordinance establishing demolition procedures
for single family homes which were constructed prior to 1942 and determined to be architecturally
significant, which would require Design Review Board approval for the new construction. Further,
Agenda nem C {A
Date 7-23-/Y234
Commission Memorandum
Refenal to Planning Board - Demolition Procedures Ordinance
July 23, 2014 Page 2 of 3
City Code Section 118-108(0(2) requires that a full building permit for new construction be issued
prior to the issuance of a total demolition permit.
Further, all structures located within local historic districts or individually designated as historic sites
or historic structures, are required to obtain a Certificate of Appropriateness for Demolition from the
Historic Preservation Board and be issued a full building permit for the new construction, prior to
the issuance of a demolition permit. City Code Sec. 1 18-564(0(6) states:
A building permit shall not be issued for the demolition of any building, structure, improvement,
landscape feature, public interior or site individually designated in accordance with sections 118-
591, 1'18-592 and 118-593, or located within an historic district until the new or replacement
construction for the property has been approved and a full building permit for the new construction
has been issued.
Additionally, the Administration would note that the Historic Preservation Board has the discretion
to waive this requirement for structures classified as 'Non-Contributing'.
With regard to the above noted City Code requirements for a obtaining a demolition permit,
Planning Staff has been made aware that this regulation is in conflict with procedures set forth in
the Florida Building Code (FBC), which require the demolition of a structure prior to the issuance of
a permit for new construction that would replace the structure in its entirety.
The Administration believes that the concept and policy of requiring Design Review Board approval
and the issuance of a full building permit for proposed new construction prior to the issuance of a
total demolition permit is in the best interest of the City. Due to this conflict, however, the
Administration would recommend minor modifications to the current demolition procedures set forth
in the LDR's.
First, the Administration would recommend that the existing applicable code sections (Sec. 142-
108(0(2), for pre-1942 single family homes and Sec. 118-564(0(6), for historic properties) be
modified to allow a total demolition permit to be issued prior to the issuance of a full building
permit. However, the Administration would suggest that certain minimum benchmarks be achieved,
prior to the issuance of a demolition permit. These benchmarks would include:
1. The issuance of a building permit process number for new construction; and
2. The building permit application and all required plans for the new construction shall be
reviewed and approved by the Planning Department; and
3. All applicable fees for the new construction shall be paid, including but not limited to,
building permit and impact fees, as well as applicable concurrency and parking impact
fees.
These benchmarks represent a significant investment of resources, which would significantly
reduce property speculation.
Second, the Administration would recommend that formal demolition rules and procedures, similar
to those set forth in the single family home development regulations, be introduced within the Land
Development Regulations, for all buildings located within the City, which are not individually
designated historic or located within a local historic district. These rules and procedures could
utilize the same benchmarks noted above and would be located within a more general are of the
235
Commission Memorandum
Referral to Planning Board - Demolition Procedures Ordinance
July 23, 2014 Page 3 of 3
Land Development Regulations.
ln summary, a defined set of predictable rules and procedures for demolition would allow for
consistency with the applicable building code. lt would also discourage the demolition of viable
structures for speculation and prevent an excess of vacant lots. Finally, it should be noted that
none of the changes suggested herein would limit or impact the ability of the Building Official to
exercise discretion under the Florida Building Code to issue Emergency Demolition Orders.
CONCLUSION
ln accordance with the June 12, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer an
Ordinance Amendment to the Planning Board, which incorporates the following:
1. Modifications to Sectionl42-108(fx2) and Section 118-564(0(6) to eliminate any conflict
with the Florida Building Code, including the benchmarks proposed herein.
2. Modifications to the LDR's that include formal demolition rules and procedures for all
structures which are not historically designated and not located within a single family zoning
district.
3. Creation of a definition for'Phased Building Permit'.
4. Establishment of procedures for the removal of specimen trees.
.&l
.trlrrMfuhnu
T:\AGENDA\2014Uuly\Referral to Planning Board - Demolition Procedures MEMO.docx
236
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237
g MIAMIBEACH
Cify of frtiomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City C/mmission
Jimmy L. Morales, City Manager l- W
July 23,2014
REFERRAL TO THE PLANNING BOARD -
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
TO MODIFY THE REQUIREMENTS FOR SHORT TERM RENTALS !N RM.l
AREAS OF THE COLLINS WATERFRONT HISTORIC DISTRICT
ADMINISTRATION RECOMMEN DATION
Refer the attached Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On April 23,2014, at the request of Commissioner Michael Grieco, the City Commission referred
this request to the Land Use and Development Committee. On June 12, 2014, the Land Use
Committee discussed the proposal, and recommended that the City Commission refer the
proposed Ordinance Amendment to the Planning Board.
ANALYSIS
The RM-1 residential multifamily, low density district is designed for low intensity, low rise, single-
family and multiple-family residences. The main permitted uses in the RM-1 district are single-
family detached dwellings, townhomes and residential apartments. With the exception of those
properties fronting Harding Avenue or Collins Avenue, from the City Line on the north to 73rd
Street on the south, hotels are not permitted within the RM-1 zoning district.
Section 142-1111 of the City Code regulates the shortterm rental of apartment units or
townhomes. Under the City Code, 'short term rentals' are defined as the rental of apartment or
townhome residential properties in districts zoned RM-1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2,
CD-1, RO, RO-3 or TH for periods of less than six months and one day. Properties zoned RM-2,
RM-3, CD-2 and CD-3 permit hotels, so rental periods less than 6 months are permitted, subject to
all applicable building and fire regulations.
The RM-1 zoning district, within the Collins Waterfront Historic District, does not permit hotels, and
therefore does not permit short-term rentals of apartments. Ordinance 2010-3685, adopted by the
City on June 9, 2010, clarified this, while grandfathering-in a small number of existing short term
rentals in very limited circumstances within the Flamingo Park neighborhood. Section 142-1111 of
that ordinance contained the forward looking statement that other neighborhoods may be added to
this provision permitting short term rentals in the future by action of the City Commission.
The attached Ordinance, initially drafted by a property owner in the Collins Park Neighborhood,
TO:
FROM:
DATE:
SUBJECT:
Agenda ltem C?B
Date ?-23-/4238
Commission Memorandum
Collins Waterfront Distict - Update STR Procedures Ordinance
July 23, 2014 Page 2 ol 2
and since updated by planning staff, would allow short term rentals in the RM-1 districts in the
Collins Waterfront Historic District, under similar limited circumstances. Apparently there are
already several buildings in this area (roughly bounded by Collins Canal on the south, Pinetree
Drive on the west, 25th Street on the north, and Lake Pancoast on the east) already engaged in
short-term rentals. This ordinance would legalize those properties currently operating such
transient operations.
Attached, is a map showing the subject RM-1 zone, as well as the adjacent zoning districts. The
subject area is bounded by more intense commercial and high density multi-family districts to the
immediate south (Cd-3 zone across Collins Canal) and east (RM-3 District across Lake Pancoast).
To the west of the subject area are Government (Fire Station 2) and lnstitutional (Hebrew
Academy) uses. The area to the immediate north of West 25th Street is zoned single-family.
The proposed Ordinance would provide more flexibility in terms of allowable uses for recently
restored historic buildings within the RM-1 zoned area of the Collins Waterfront Local historic
district. ln order to provide an appropriate buffer from the more low scale single family district, it is
suggested that any property within this district that has a property line on West 25th Street not be
permitted to have short term rentals. Also, the eligibility for short term rentals should be limited to
fully restored, 'Contributing' buildings within the district.
ln addition to the modifications contained in the attached draft Ordinance, the Administration
recommends that applicable definitions pertaining to terms such as 'Rooming House' be further
clarified, as part of this Ordinance Amendment.
ln summary, with appropriate safeguards, and given the intensity of the districts and uses on the
west, south and east sides of the subject RM-1 district, the proposal for a limited short-term rental
eligibility window is not expected to have any detrimental impacts on the surrounding area. The
draft Ordinance attached includes the safeguards and eligibility limitations delineated herein.
CONCLUSION
ln accordance with the June 12, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission:
1. Refer the attached Ordinance Amendment to the Planning Board;
2. lnclude additional modifications to clarify applicable definitions pertaining to short term
rentals.
tffilaw
T:\AGENDA\2014Uuly\Referral to Planning Board - Collins Park RMI STR Procedures MEM.docx
239
Short Term Rentals in Gollins Waterfront District
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE GODE OF THE CITY OF
MIAMI BEACH, BY AMENDING 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS", DIVISION 3, "SUPPLEMENTARY USE
REGULATIONS", TO MODIFY THE REGULATIONS AND
REQUIREMENTS FOR SHORT TERM RENTALS TO INCLUDE
PROPERTIES LOCATED WITHIN THE COLLINS WATERFRONT
LOCAL HISTORIC DISTRIGT; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFIGATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for the short term rental of
apartments and townhomes in those zoning districts that do not permit hotel uses; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to the short term rental of apartments and townhomes for the Collins
Waterfront Historic District; and
WHEREAS, the Planning Board recommended approval of this Ordinance at its
meeting dated ,2014 by a vote of _; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GIry
COMMISSION OF THE GITY OF MIAMI BEAGH, FLOR!DA:
SECTION {. Chapter 142, "Zoning Districts and Regulations", Article lV,
"Supplementary District Regulations", Division 3, "Supplementary Use Regulations", of
the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-1111. Short-term rental of apartment units or townhomes.
(a) [Limitations./ The rental of apartment or townhome residential properties in districts
zoned RM-1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2, CD-1, RO, RO-3 or TH for
periods of less than six months and one day, unless expressly provided for in these land
development regulations (such as for a portion of the RM-1 district, and for apartment
hotels in the RPS-1 and RPS-2 districts) are not a permitted use in such districts unless
conducted in accordance with this section.
(b) Previously existing short-term rentals in specified districts. For a period of six months
after the effective date of the ordinance enacting this section (June 19,2010), owners of
certain properties located in the following districts shall be eligible to apply for approval
of a certificate of use permitting short-term rental of apartment and townhome residential
units for these properties under the requirements and provisions set forth below. Other
neighborhoods may be added to this provision in the future by action of the city
commission.
240
Districts: Properties within the RM-'t and TH zoning districts in the Flamingo Park and
Espanola Way Historic Districts.
Eligibility: Those properties that can demonstrate a current and consistent history of
short-term renting, and that such short-term rentals are the primary source of income
derived from that unit or building, as defined by the requirements listed below.
(1) For apartment buildings of four or more units, or for four or more apartment units
in one or more buildings under the same resort tax account.
ln order to demonstrate current, consistent and predominant shortterm renting,
the property must comply with all of the following:
a. Have been registered with the city for the payment of resort tax and made
resort tax payments as of March 10,2010; and
b. Have had City of Miami Beach Resort Tax taxable room revenue equal to at
least 50 percent of total room revenue over the last two-year period covered by
such payments; and
c. Have been registered, with the State of Florida as a transient apartment or
resort condominium pursuant to Chapter 509, Florida Statutes, as of March 10,
2010.
For properties containing more than one apartment building, eligibility may apply
to an individual building satisfying a. through c. above.
(2) For apartment and townhouse buildings of three or less units, or for three or less
apartment units in one or more buildings under the same state license:
ln order to demonstrate current, consistent and predominant shortterm renting,
the property must:
a. Have been registered with the State of Florida as a resort dwelling or resort
condominium pursuant to Chapter 509, Florida Statutes, as of March 10, 2010.
(c) Time periods to apply for short-term rental approvals.
(1) Owners demonstrating compliance with subsections (bX1) or (2) above, shall
apply for a certificate of use permitting shortterm rental as detailed in subsection
142-111 1(f) within a time period of six months from the effective date of this
section (June 19,2010), or be deemed ineligible to proceed through the process
specified herein for legalization of short-term rentals.
(2) Within three months of the effective date of the ordinance enacting this
section (June 19, 2010), eligible owners shall apply to obtain all necessary
approvals to comply with the Florida Building Code, Florida Fire Prevention Code
and with all other applicable life safety standards.
(3) Compliance with the applicable requirements of the Florida Building Code and
Florida Fire Prevention Code, shall be demonstrated by October 1, 2011, or
rights to engage in shortterm rental under this section shall be subject to
restrictions and/or limitations as directed by the building official and/or fire
marshal. This subsection shall not prevent these officials from undertaking
enforcement action prior to such date.
(4) Applications under this ordinance may be accepted until 60 days after
adoption of this subsection (adopted on April 11,2012; 60 days expire June 11,
2012), upon determination to the planning director that a government licensing
error prevented timely filing of the application.
(d) Collins Waterfront Local Historic District.
(1) Owners of propertv located in the Collins Waterfront Local Historic District. shall be
eliqible to applv for approval of a certificate of use permittinq short{erm rental of
apartment and townhome residential units under the requirements and provisions set
forth below:a. Onlv those properties not havinq a lot line on West 25th Street shall be
eliqible for short term rentals:
241
b. Onlv buildinqs classified as 'Contributinq' in the Citv's Historic Properties
Database shall be eliqible for short term rentals. The buildinq and
propertv shall be fullv renovated and restored in accordance with the
Secretarv of the lnterior Guidelines and Standards. as well as the
Certificate of Appropriateness Criteria in Chapter 1 18. Article X of these
Land Development Requlations:c. The propertv must have reoistered with the State of Florida as a transient
or condominium pursuant to Chapter 509. Florida Statutes, as of
d. The propertv must have reqistered with the Citv for the pavment of resort
tax and made resort tax pavments as of :e. For properties containinq more than one apartment buildino. eliqibilitv
mav applv to an individual buildino satisfvinq a. throuoh d. above.
(2) Time period to applv for short-term rental approvals for those properties located in
the Collins Waterfront Architectural District.
a. Owners demonstratino compliance with subsections (d)(1)a-e above, shall
applv for a certificate of use permittinq short-term rental as detailed in subsection
142-1111(e) within a time period of six months from the effective date of this
section ( ). or be deemed ineliqible to proceed throuqh the
process specified herein for leqalization of short-term rentals.
b. Within three months of the effective date of the ordinance enactino this section( ), eliqible owners shall applv to obtain all necessarv approvals to
complv with the Florida Buildins Code. Florida Fire Prevention Code and with all
other applicable life safetv standards.
c. Compliance with the applicable requirements of the Florida Buildins Code and
Florida Fire Prevention Code, shall be demonstrated bv or
riohts to enoaoe in short-term rental under this section shall be subiect to
restrictions and/or limitations as directed bv the buildino official and/or fire
marshal. This subsection shall not prevent these officials from undertakino
enforcement action orior to such date.(3). ln the event a buildinq approved for shortterm rentals in accordance with
subsections (dX1) and (dX2) above is demolished or destroved. for anv reason. the
future use of anv new or future buildinq on that propertv shall not be permitted to engaqe
in short-term rentals, nor applv for short-term rental approval.
(C) (Q Regulations. For those properties eligible as per (b) or (d) above, unless
otherwise expressly provided for in these land development regulations, short-term
rental of apartment and townhome residential units shall be permitted, provided that the
following mandatory requirements are followed:
(1) Approvals required: applications. Owners, lessees, or any person with interest
in the property seeking to engage in short-term rental, must obtain a certificate of
use permitting short{erm rental under this section. The application for approval
to engage in short{erm rentals shall be on a form provided for that purpose, and
contain the contact information for the person identified in subsection (3) below,
identify the minimum lease term for which short-term rental approval is being
requested, and such other items of required information as the planning director
may determine. The application shall be accompanied by the letter or documents
described in subsection (9) below, if applicable.
The application for a certificate of use permitting short-term rentals shall be
accompanied by an application fee of $600.00.
(2) Time period. All shortterm rentals under this section must be pursuant to a
binding written agreement, license or lease. Each such document shall contain,
242
at a minimum: the beginning and ending dates of the lease term; and each
lessee's contact information, as applicable. No unit may be rented more
frequently than once every seven days.
(3) Contact person. All rentals must be supervised by the owner, manager, or a
local and licensed real estate broker or agent or other authorized agent licensed
by the city, who must be available for contact on a Z4-hour basis, seven days a
week, and who must live on site or have a principal office or principal residence
located within the Flaminge Park er Espanela Way histerie foreqoing districts.
Each agreement, license, or lease, of scanned copy thereof, must be kept
available throughout its lease term and for a period of one year thereafter, so that
each such document and the information therein, is available to enforcement
personnel. The name and phone number of a 24-hour contact shall be
permanently posted on the exterior of the premises or structure or other
accessible location, in a manner subject to the review and approval of the city
manager or designee.
(4) Entire unit. Only entire apartment units and townhomes, as defined in section
114-1, legally created pursuant to applicable law, may be rented under this
section, not individual rooms or separate portions of apartment units or
townhomes.
(5) Rules and procedures. The city manager or designee may adopt
administrative rules and procedures, including, but not limited to, application and
permit fees, to assist in the uniform enforcement of this section.
(6) Stgns. No signs advertising the property for short-term rental are permitted on
the exterior of the property or in the abutting right-of-way, or visible from the
abutting publ ic right-of-way.
(7) Etfect of violations on licensure. Approvals shall be issued for a one-year
period, but shall not be issued or renewed if violations on three or more separate
days at the unit, or at another unit in the building owned by the same owner or
managed by the same person or entity, of this section, issued to the short-term
rental licensee were adjudicated either by failure to appeal from a notice of
violation or a special master's determination of a violation, within the 12 months
preceding the date of filing of the application.
(8) Resorf taxes. Owners are subject to resort taxes for rentals under this
section, as required by city law.
(9) Association rules. Where a condominium or other property owners
association has been created that includes the rental property, a letter from the
association dated not more than 60 days before the filing of the application,
stating the minimum rental period and the maximum number of rentals per year,
as set forth under the association's governing documents, and confirming that
short-term rentals as proposed by the owner's application under subsection (1)
above are not prohibited by the association's governing documents, shall be
submitted to the city as part of the application. lf the applicant, after best efforts,
is unable to obtain such a letter from the association, he or she may submit the
latest version of the association's documents to the city attorney's office for
confirmation of the above.
(10) Variances. No variances may be granted from the requirements of this
section.
($ (fl Enforcement.
(1) Violations of section 142-1111(b) shall be subject to the following fines. The
special master may not waive or reduce fines set by this section.
a. lf the violation is the first violation: $500.00.
243
b. lf the violation is the second violation within the preceding 12 months:
$1,500.00.
c. lf the violation is the third violation within the preceding 12 months:
$5,000.00.
d. lf the violation is the fourth violation within the preceding 12 months:
$7,500.00.
e. lf the violation is the fifth or greater violation within the preceding 12
months: suspension or revocation of the certificate of use allowing short-
term rental.
Fines for repeat violations by the same offender shall increase regardless
of locations.
(2) ln addition to or in lieu of the foregoing, the city may seek an injunction by a
court of competent jurisdiction to enforce compliance with or to prohibit the
violation of this section.
(3) Any code compliance officer may issue notices for violations of this section,
with enforcement of subsection 142-1111(a) and alternative enforcement of
subsection 142-1111(b) as provided in chapter 30 of this Code. Violations shall
be issued to the owner, manager, real estate broker or agent, or authorized
agent, or any other individual or entity that participates in or facilitates the
violation of this section. ln the event the record owner of the property is not
present when the violation occurred or notice of violation issued, a copy of the
violation shall be served by certified mail on the owner at its mailing address in
the property appraiser's records and a courtesy notice to the contact person
identified in subsection (d)(3) above.
SECTION 2. COD!FICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention, and the word "ordinance"
may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SEGTION 5. EFFECTIVE DATE.
This Ordinance shall take etfect ten days following adoption.
244
PASSED and ADOPTED this day of 2014.
ATTEST:
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
CITY CLERK
City Attorney
First Reading: September 10,2014
Second Reading: October_,2014
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+rife$reugh = deleted language
T:\AGENDA\20'|4Uuly\Referral to Planning Board - Collins Park RM1 STR Procedures ORD.docx
6
245
g MIAMI BEACH
City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch. Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members ol the City
Jimmy L. Morales, City Manager
July 23,2014
REFERRAL TO THE PLANNING BOARD -
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
TO MODIFY THE CONDITIONAL USE APPROVAL REQUIREMENTS FOR
GERTAIN USES IN RM.l AREAS OF THE GOLLINS WATERFRONT HISTORIC
DISTRICT
ADMINISTRATION RECOMMENDATION
Refer the attached Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On April 23,2014, at the request of Commissioner Michael Grieco, the City Commission referred
this request to the Land Use and Development Committee. On June 12, 2014, the Land Use
Committee discussed the proposal, and recommended that the City Commission refer the
proposed Ordinance Amendment to the Planning Board.
ANALYSIS
The RM-1 residential multifamily, low density district is designed for low intensity, low rise, single-
family and multiple-family residences. The main permitted uses in the RM-1 district are single-
family detached dwellings, townhomes and residential apartments. The following 'Conditional
Uses' are also permitted within the RM-1 Zoning District:
o Adult Congregate Living Facility;. Day Care Facility;o Nursing Home;. Religiouslnstitutions;o Private And Public lnstitutions;o Schools;. Commercial or Noncommercial Parking Lots And Garages.
The Miami Beach Women's Club Building is a designated Historic Site (HPS-5) and is located
within the boundaries of the Collins Waterfront Local Historic District. Additionally, the Women's
Club site is zoned RM-1, and thus limited to the uses listed above.
As the Women's Club structure was designed and built as an 'Assembly Hall', the adaptive re-use
of the facility has proven to be challenging, particularly within the confines of a more restrictive,
low-density multi-family zoning district. ln order to address this issue, a proposal has been put
Agenda ltem
Date
TO:
FROM:
DATE:
SUBJECT:
c?<-frw246
Commission Memorandum
Referral to Planning Board - Collins Waterfront CUP Procedures Ordinance
July 23, 2014 Page 2 of 2
forward to expand the list of conditional uses in the RM-1 district, for certain properties located
within the Collins Waterfront Local Historic District (See attached map illustrating the boundaries of
this area.
Specifically, a 'Hall-for-Hire and/or Restaurant use would become a conditional use for properties
located in the Collins Waterfront Local Historic District, which are designated as Historic Sites.
Such an amendment would not be limited to a single piece of property, and would give the owners
of the historic Women's' Club structure much needed latitude to accommodate a tangible, adaptive
re-use of the structure. Further, as the subject use would require the review and approval of the
Planning Board, appropriate intensities of use, as well operational safeguards would be at the
discretion of the Planning Board.
ln order to ensure that any future hall-for-hire use and/or restaurant is compatible with the low
scale, residential character of the immediate geographical area, the Administration would suggest
additional limitations on any future proposed conditional use. These would include:
o The prohibition of dance halls, entertainment establishments, neighborhood impact
establishments, outdoor entertainment establishments, open air entertainment
establishments and outdoor music (including background music), proposed to be operated
on a permanent basis.
. Stand-alone bars and alcoholic beverage establishments, not functioning as a restaurant,
shall be prohibited.
. The hours of any outdoor dining uses would be limited to no later than 10:00 p.m.
o The total number of seats of any stand-alone restaurant would be limited to no more than
125.
With appropriate safeguards and controls, the use of the facility as a hall-for-hire, or neighborhood
type caf6 could be an asset to the surrounding area, as well as provide a mechanism for the use of
the restored, historic structure. The attached draft Ordinance includes all of the aforementioned
proposals.
CONCLUSION
ln accordance with the June 12, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendment to the Planning Board.
,ol
JLN,TJMJlTRM
T:\AGENDA\2014Uuly\Referral to Planning Board - Collins Park RM1 CUP Procedures MEMO.docx
247
Conditional Uses in Collins Waterfront District
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE GIry OF
MIAMI BEACH, BY AMENDING 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE ll, "DISTRICT REGULATIONS", DIVISION
3, "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION ll, "RM-
1 RESIDENTIAL MULTIFAMILY LOW INTENSITY", TO MODIFY THE
CONDITIONAL USE REQUIREMENTS FOR PROPERTIES LOCATED
WITHIN THE GOLLINS WATERFRONT LOGAL HISTORIG DISTRIGT;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for conditional uses within the
RM-1 zoning districts; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to conditional uses within the RM-1 zoning districts; and
WHEREAS, the Planning Board recommended approval of this Ordinance at its
meeting dated , 2014 by a vote of _; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF M!AM! BEACH, FLORIDA:
SECTION l. Chapter 142, "Zoning Districts And Regulations", Article ll, "District
Regulations", Division 3, "Residential Multifamily Districts", Subdivision ll, "RM-1
Residential Multifamily Low lntensity", of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
Sec. 142-153. Conditional uses.
(a) The conditional uses in the RM-1 residential multifamily, low density district are
adult congregate living facility; day care facility; nursing home; religious
institutions; private and public institutions; schools; commercial or noncommercial
parking lots and garages.
(b) For properties located in the Collins Waterfront Local Historic District. which are
desionated as a Local Historic Site, a hall for hire and/or restaurant use mav be
considered as a conditional use provided that:(1) Dance halls. entertainment establishments, neiqhborhood impact
establishments. outdoor entertainment establishments, open air
entertainment establishments and outdoor music (includino backqround
music), are not operated on a permanent basis:(2) Stand-alone bars and alcoholic beveraoe establishments. not
functionino as a restaurant, shall be prohibited.
(3) The hours of anv outdoor dininq uses shall be limited to no later
than 10:00 p.m., 7 davs a week:
1
248
(4) The total number of seats of anv stand-alone restaurant shall not
exceed 125.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention, and the word "ordinance"
may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SEGTION4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
First Reading: September 10,2014
Second Reading: October _,2014
Verified By.
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+ike+nreush = deleted language
T:\AGENDAV0I4uuly\Referral to Planning Board - Collins Park RM1 CUP Procedures ORD.docx
2
249
E MIAMIBEACH
City of frliomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33 'l39, www.miomibeochfl.gov
COMM]SSION MEMORANDUM
To: Mayor Philip Levine and Members of the City
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: REFERRAL TO THE PLANNING rcARD -
TO CLARIFY AN INCONSISTENCY REGARDING LOT AGGREGATION
RESUIREMENTS AND BUILDING HEIGHTS IN THE RPS DISTRICTS
ADMINISTRATION RECOMMENDATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND
On February 20, 2002, the City Commission referred an Ordinance Amendment to the Planning
Board, modifying the maximum building height requirements in the R-PS4 zoning district. A series
of Commission and Planning Board workshops ensued, and a proposed Ordinance was approved
at First Reading by the City Commission on October 23,2002.
On November 13, 2002, The City Commission adopted Ordinance No. 2002-3386, which modified
the maximum building height requirements in the RPS-4 Zoning District. During the adoption
hearing for the Ordinance, the following language pertaining to 'Lot Aggregation' was added on
the floor, and was included within the text of the Ordinance:
.Lots at a width of 50 feet or /ess aggregated after the effective date of this ordinance with
adjacent parcels shall have a maximum height of 35 feet and shall not be allowed the
increased height for parcels wider than 50 feet."
On July 12, 2006, the City Commission re-adopted the subject Ordinance (Ordinance No. 2006-
3522) due to a defective published notice. The above text pertaining to 'Lot Aggregation' was
modified slightly in this re-adoption to add the effective date, as noted below:
"Lots at a width of 50 feet or /ess aggregated with adjacent parcels after November 3.
2002 shall have a maximum height of 35 feet and shall not be allowed the increased
height for parcels wider than 50 feet." (underline added).
ANALYSIS
The plain language in the above ordinance pertaining to 'Lot Aggregation' without specifying a
particular zoning district suggests that it applies to the RPS-1 , 2 & 3 Districts, in addition to the
RPS-4 District. The Planning Department has interpreted the Ordinance this way since it was
originally adopted in 2002.
Recently, it was brought to the attention of the Planning Department that since the title for the
Ordinance only referred to the RPS-4 District, it should only apply to that district, and not the RPS-
c/mmission
tv
Agenda ltem A{ D
DalG 7-e3-/q250
Commission Memorandum
Refenal to Planning Board - RPS Lot Aggregation
July 23, 2014 Page 2 ol 2
1,2 & 3 Districts. The title in Ordinance No. 2006-3522, adopted on July 12,2006, and the original
Ordinance No. 2002-3386, adopted on November 13, 2002, only included modifications to the
building heights in the RPS-4 district, and did not contain any reference to the modification of
height requirements in the RPS-1 ,2 or 3 districts. Below is the Title used for the adoption of both
versions of the subject Ordinance:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CITY CODE, BY AMENDING CHAPTER 142, "ZONING D/SIRICTS AND REGULATIONS"
ARTICLE II, 'DISTRICT REGULAIIONS" DIVISION 18, 'PS PERFORMANCE STANDARD
DISTRICT," AMENDING SECTION 142-696 *RESIDENTIAL PERFORMANCE
STANDARD AREA REQUIREMENTS,' BY AMENDING THE MNQMUM BUILDING
HEIGHT lN THE R-PS4 ZONING DISTRICT; AMENDING SECflON 142-697 .SETBACK
REQUIREMENIS /N IHER-PS1,2,3,4 DISTRICTS," TO PROVIDE FOR ADDITIONS
TO FOLLOW THE EXSI/NG BUILDING LINE AND MODIFYING THE TOWER
SEIEACKS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
Additionally, in reviewing the video of the original adoption hearing on November 13, 2002, it
appears that the subject text pertaining to 'Lot Aggregation' was only intended to be part of the
RPS-4 district regulations. There was no mention during the adoption hearing of this language also
being applicable to the RPS-1 ,2 or 3 districts.
ln order to clarify the inconsistency of the text with the Title of the previously adopted Ordinance, it
is recommended that the attached Ordinance be referred to the Planning Board, which would
clarify the specific districts those 'Lot Aggregation' restrictions on building heights would apply to.
ln this regard, there are two (2) different options proposed:
1. Amend both the title and the text to expressly apply to properties located in the RPS-1, 2 &
3 Districts, in addition to the RPS-4 District.
2. Limit the scope of the Ordinance to properties located in the R-PS4 district only.
GONCLUSION
The Administration recommends that the Mayor and the City Commission refer the attached
-milendment to the Planning Board for consideration and recommendation.
T:\AGENDA\2014Uuly\Referral to Planning Board - RPS Lot Aggregation MEMO.docx
251
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"zoNlNG DlsTRlcTS AND REGULATIONS" ARTICLE ll, "DISTRICT
REGULATIONS" DIVISION 18, "PS PERFORMANGE STANDARD DISTRICT,"
AMENDING SECTION 142.696 "RESIDENTIAL PERFORMANCE STANDARD
AREA REQUIREMENTS," BY AMENDING THE MAXIMUM BUILDING HEIGHT
AND LOT AGGREGATION REQUIREMENTS IN THE R.PSI, R.PS2, R.PS3
AND R-PS4 ZONING DISTRIGTS; PROVIDING FOR GODIFICATION,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Ocean Beach Historic District contains a collection of important historic
buildings which together embody a rich history of the first three decades of the development of
Miami Beach; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated
to provide for compatibility of new development in historic districts in Miami Beach; and
WHEREAS, the Land Development Regulations in the Ocean Beach Historic District
provide for a reasonable limitation of the height of new development on sites in the Residential
Special Performance "R-PS" areas, which aids in the development of compatible infill structures.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1 Chapter 142, "Zoning Districts and Regulations", Article ll, "District Regulations"
Division 18, "Performance Standard District," of the Land Development Regulations of the Code
of the City of Miami Beach is hereby amended as follows:
Section 1 42-696. Residential performance standard area requirements
Residential Sub-districts
Performance
Standard
R-PS1 R-P52 R-P53 R-P54
Minimum lot area 5,750 sq. ft.5,750 sq. ft 5.750 so. ft 5.750 so. ft
Minimum lot
width
50 feet 50 feet 50 feet 50 feet
Required open
soace ratio
0.60, see Sec. 142-
704
0.65, see Sec.142-704 0.70, see Sec. 142-
704
0.70, see Sec.142-704
Maximum
building
Height
45 feet
Lots 50 feet wide or
less - 35 feet
45 feet
Lots 50 feet wide or
less - 35 feet
50 feet
Lots 50 feet wide or
less - 35 feet
Non-oceanfront - 80 feet;
Oceanfront 100 feet;
Lots 50 feet wide or less -
35 feet.
Maximum
number
of stories
5
Lots 50 feet wide or
less - 4
5
Lots 50 feet wide or
less - 4
5
Lots 50 feet wide or
less - 4
Non-oceanfront - 8
Oceanfront - 11
Lots 50 feet wide or less -
4
ln the Ocean Beach
Historic District - 7
Maximum floor 1.25 '1.50 1.75 2.0
1of 4
252
Performance
Standard
R-PS1 R-PS2 R-PS3 R-PS4
Minimum lot area 5.750 so. ft.5.750 so. ft 5.750 so. ft 5.750 so. ft.
area ratio
Minimum floor
Area per
apartment unit
(souare feet)
New construction -
700
Rehabilitated
buildinqs - 400
New construction - 650
Rehabilitated
buildings - 400
New construction
600
Rehabilitated
buildinqs - 400
New construction - 550
Rehabilitated
buildings - 400
Minimum average
floor area per
apartment unit
(sorrare feef)
New construction -
950
Rehabilitated
buildinqs - 550
New construction - 900
Rehabilitated
buildings - 550
New construction
850
Rehabilitated
buildinqs - 550
New construction - 800
Rehabilitated
buildings - 550
Minimum average
floor area per
hotel unit (square
feet)
N/A N/A 15o/o = 300-335
square feet
85% = 335+ square
feet
15% = 300-335 square
feet
85oh = 335+ square feet
Minimum oarkino Pursuant to Chapter 130 and Section 142-705 requirement
Minimum off-
street loadinq
Pursuant to Chapter 130, Article lll
Sions Pursuant to Chapter 138
Suites hotel Pursuant to Article lV, division 3 of this chapter.
* Notwithstanding the foregoing provisions regarding maximum building height, in the Ocean
Beach historic district, as defined in subsection 118-593(e)(11), the maximum building height for
a lot located in the R-PS1, R-PS2, or R-PS3 zoning districts
(i) With a lot exceeding 50 feet, and
(ii) Upon which there exists a contributing structure which has not received a
certificate of appropriateness for demolition (or any such approval has expired),
shall be 35 feet.
1. Notwithstanding the above height restrictions, existing structures within a local historic
district are subject to section 142-1161.
2. ln the R-PS4 zoning district, within the Ocean Beach historic district, when an existing
contributing structure is nonconforming with respect to the height regulations in section
142-696, such structure may be repaired, renovated or rehabilitated regardless of the
cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter
1 18, article lX, "Nonconformances."
3. Within the R-PS1, R-PS2. R-PS3 and R-PS4 districts. tlots at a width of 50 feet or less
aggregated with adjacent parcels after November 3, 2002, shall have a maximum height
of 35 feet and shall not be allowed the increased height for parcels wider than 50 feet.
or
Within the R-PS4 district. tlots at a width of 50 feet or less aggregated with adjacent
parcels after November 3, 2002, shall have a maximum height of 35 feet and shall not
be allowed the increased height for parcels wider than 50 feet.
4. Notwithstanding the above height restrictions, in the R-PS4 zoning district, within the
Ocean Beach historic district, for lots 100 feet or more in width, the maximum height
shall be 35 feet for the first 60 feet of lot depth, 75 feet thereafter, subject to the line-of-
2of4
253
sight analysis of section 142-697(d). However, for residential apartment buildings, on
lots 100 feet or more in width, the historic preservation board, in accordance with
certificate of appropriateness criteria, may allow an increase in the overall height not to
exceed six stories, 60 feet for the first 60 feet of lot depth and 11 stories, 100 feet
thereafter, and on lots 50 feet wide or less may allow an increase in overall height not to
exceed 35 feet for the first 60 feet of lot depth and six stories, 60 feet thereafter,
provided all of the following conditions are satisfied:a. The property shall be an oceanfront lot;b. The property shall not contain a contributing building;c. The sixth level of the front portion of the new construction on lots 100 feet or more in
width shall meet a line-of-sight, which for the purpose of this section, is defined as
not being visible when viewed at eye-level (five feet six inches from grade) from the
opposite side of the Ocean Drive right-of-way, and on lots 50 feet or less wide shall
be subject to the line-of-sight analysis of section 142-697(d)',d. The proposed building shall be sited and massed in a manner that promotes and
protects view corridors. At a minimum, a substantial separation of the tower portion
of any structure shall be required;e. For lots greater than 50 feet in width, the front portion of the structure shall
incorporate a separation in the center of the structure, which is open to sky, and is at
least ten feet in width and 25 feet in depth; the exact location of such separation shall
be subject to the historic preservation board, in accordance with certificate of
appropriateness criteria. Alternatively, the massing and architectural design of the
front portion of the structure shall acknowledge the historic pattern of residential
structures along Ocean Drive;
The maximum residential density is 60 units per acre;
All required off-street parking for the building shall be provided on site; required
parking may not be satisfied through parking impact fees;
The owner restricts the property to permit only rentals that are no less than six
months and one day per calendar year, through language in its condominium or
cooperative documents, and by proffering a restrictive covenant, running with the
land, or other similar instrument enforceable against the owner(s), acceptable to and
approved as to form by the city attorney, which shall be executed and recorded prior
to the issuance of a building permit, to ensure that the building remains solely as a
residential apartment building for a minimum of 30 years, and that no uses under
section 142-902(2)e. are permitted on the premises during that time period;
i. Accepting that the value in the increased height, and the incremental traffic burden
and effect on aesthetics in the district are offset by the conveyance of an easement
for an extension of the beachwalk east of their structures, the owner provides an
easement, acceptable to and approved as to form by the city attorney, for a public
beachwalk on the easterly portion of its property, as more specifically provided in the
plans on file with the city's public works department.
SECTION 2. CODIFIGATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SEGTION 3. REPEALER.
f.
g.
h.
3of4
254
All ordinances or part of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of 2014.
MAYOR
ATTEST:
CITY GLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:
Second Reading
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+rk*nreugh denotes deleted language
T:\AGENDAV0I4Uuly\Referral to Planning Board - RPS Lot Aggregation ORD.docx
4of4
255
E MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: REFERRAL TO FINANCE AND DITYWIDE PROJECTS COMMITTEE -A DISCUSSION ON INDEXING THE LIVING WAGE RATE FOR
FISCAL YEAR 2014-2015 IN ACCORDANCE WITH THE OPTIONS
PURSUANT TO ORDINANCE 2010.3682.
ADMINISTRATION RECOMMENDATION
Refer the item to the Finance and Citywide Projects Committee for discussion.
BACKGROUND
ln this fiscal year 2013-2014, the hourly living wage rate paid to employees of City
contactors is set at the fiscal year 2012-2013 rate of $11.28lhr with health benefits of at
least $1 .64lhr, and $12.92lhr without benefits. Prior to approval of the fiscal year 2013-
2014 budget, the City Commission did not increase the ling wage rate for 2013-2014
from2012-2013 rate pursuantto provision 1(b) noted below. lf the intention of the City
Commission is to index (increase) the current living wage rate for subsequent fiscal
year(s), the options, pursuant to Section 2-408 (d) of the City Code entitled, lndexinq,
are as follows:
1. lndex for inflation using the Miami Primary Metropolitan Statistical Area (PMSA)
Consumer Price lndex for all Urban Consumers (CP!-U) Miami/Ft. Lauderdale,
issued by the U.S. Department of Labor's Bureau of Labor Statistics.
a. Notwithstanding the preceding, no annual index shall exceed three
percent (3%);
b. Nor shall an annual increase exceed the corresponding annual
compensation increase (if any) provided to unrepresented (i.e.
unclassified) city employees.
2. Elect not to index the living wage rate in any particular year, if the Commission
determined it would not be fiscally sound to implement same.
The City Code also requires that the determination to index (or not index) the living wage
rate shall be considered annually during the city commission's review and approval of
the city's annual operating budget.
The Administration is seeking guidance from the Mayor and City Commission regarding
the living wage rate for fiscal year 2014-2015.
City
Agenda ltem C?E
Date 7.23-ly256
Commission Memo Referral to Finance and Citywide Project Committee - Living Wage
July 23,2011
Page 2 of 2
CONCLUSION
The Administration recommends that the Mayor and City Commission refer this item to
the Finance and Citywide Projects Committee for a discussion on indexing the living
wage rate in accordance with the options pursuant to Ordinance 2010-3682.
@
JLM/MT/AD/RA
T:\AGENDA\2014Uu1$Proorrement\Refenal to Finance and Cityvride Projects Committee - Living Wage FYl+l5 - Memo.docx
257
g MIAMIBEACH
TO:
FROM:
DATE:
City of Miomi Beoch, I 200 Convenlion Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
#[fi-ilil:H'H'"P
SUBJECT: A REFERRAL TO THE NEIGHBORHOOD/COMMUNIW AFFAIRS
COMMITTEE TO DISCUSS AND SELECT ONE OF TWO OPTIONS FOR THE
REPLACEMENT OF THE EXISTING, INOPERABLE WATER FEATURE AT
THE WASHINGTON AVENUE ENTRY OF SOUTH POINTE PARK
BACKGROUND
The Washington Avenue at South Pointe Park Water Feature was completed in May 18, 2009.
Following the completion of the Water Feature, the Florida Department of Health (DOH) issued
a Stop Worl</Use Orderon July 13,2009, due to several violations, the most critical being the
lack of a permit for use as an interactive water feature.
Consequently, the City entered into litigation against the Park's designer and the contractor, for
defects and deficiencies including the City's inability to utilize the water feature as intended.
On October 15, 2012, three remediation alternatives to the plaza were presented to the
Neighborhood/Community Affairs Committee (NCAC). The Committee unanimously moved to
the City Commission the approval for the reconstruction of the water feature as a non-interactive
amenity. The reconstruction of the plaza could incorporate the water fountains and water
cannons into a non-interactive environment that would physically prevent pedestrians from
accessing the water but still maintain the original design aesthetic and provide the same
amenity for users of the park.
ANALYSIS
On April 2, 2014, the CIP Department contracted the firm of EDSA lnc., (EDSA) to develop
options that would follow the recommendations from the October 15,2012 NCAC.
After various meetings and presentations between EDSA and City Staff, two (2) options were
developed and are attached. These are briefly described below:
OPTION 1: This option re-purposes and utilizes much of the existing water feature as possible
and maintains the overall intent of the plaza, but modifies it to address the major concerns. The
water cannons have been re-purposed as misting stations for cooling-off and the at-grade
fountains have been converted to elevated water components. All of the existing mechanical
systems will be re-used and the fountains will remain in the existing locations. The brick pavers
have been replaced with concrete that contains sea shells as aggregate in order to incorporate
Agenda ltem C{F
oate 7-J3'//258
Commission Memorandum - South Pointe Water Feature - Referal to the Neighborhood/Community Affairs Committee
July 23,2014
Page 2 of 2
materials which are already in use throughout the Park. Landscaped areas have been
enhanced.
The cost of Option 1 is estimated at $1,235,443 and the construction duration will not exceed 6
months.
OPTION 2: This option echoes the original intent and form of the park, but departs somewhat
from its original structure. The design re-works the existing at-grade water fountains into raised,
elongated and elevated water components at the center of the plaza and eliminates the water
cannons completely. The new water component arrangement presents a linear extension
leading the attention towards the Government Cut inlet. The landscape areas are expanded,
with more coconut palms. Existing benches are strategically relocated under the shade of
coconut palms and the floor brick pavers are replaced with concrete and coral stone paths in
order to incorporate materials that are already in use throughout the park.
The cost of Option 2 is estimated at $1,503,844. The construction duration will not exceed 6
months.
The following table depicts the scheduled approvals required to proceed with the remediation of
the Water Feature:
Date Action
Parks Advisorv Board Julv 16 Present two concepts
Commission Meeting July 23 Bring back as old business for referral to
Neighborhood/ Com m unity Affairs
Committee
Neig hborhood/ Com munity
Affairs Committee
July 25 Present two concepts - choose one for
recommendation to Commission
Community Meeting July 29 Present one concept recommended by
NCAC
Commission Meetinq Julv 30 Present final conceot for aooroval
Desiqn Review Board October 7 Tentative (subiect to option selected)
CONCLUSION
EDSA has finalized the conceptual design of these options and is prepared to make a
presentation to the Neighborhoods/Community Affairs Committee for the selection of the option
that will be recommended to the City Commission for the replacement of the existing, inoperable
water feature at the Washington Avenue entrance to South Pointe Park.
City Administration is requesting a referral to the Neighborhood/Community Affairs Committee
to discuss and select one of two options for the replacement of the existing, inoperable water
feature at the Washington Avenue entry of South Pointe Park.
Attachment:
Coneeot drawinos
,,-,WH\
T:\AGENDA\2014\July\ClP\July 30th Commission meeting\South Pointe Water Feature Referral to NCAC\South Pointe Water
Feature.docx
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261
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger ,1 IFROM: Joy V. W. Molokoff, Commissionelrffi
DATE: June 30, 2014 ,Y
SUBJECT: ltem Regording Removing the "Arthur Godfrey Rood" Conome for 4lo
Street for referrol to the Neighborhood/Community Affoirs Commitlee
Pleose ploce ihe obove item, for referrql to lhe Neighborhood/Community Affoirs
Commiltee, on the lvly 23,2014 Commission Agendo.
lf you hove ony questions, pleose contoct me of extension 6622.
JWVM
Agenda ltem
Date
cqC-ru.262
&
-
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY, Raul J. Aguila, City Attorney
lnteroffice Memorandum
To:Mayor Philip Levine Date: July 14, 2014
Members of the City Commission
From: Raul J. nguilaTLcwl 0*, [€
City Attorney ' a
Subject Removing the "Arthur-Godfrey Road" Co-Name for 41st Street
On June 11,2014, the Mayor and City Commission held a discussion regarding
removing the "Arthur Godfrey Road" co-name for 41st Street. The Commission directed
the Office of the City Attorney to research the history of the co-naming of the road, and
to determine what action the City must take to remove the "Arthur Godfrey Road" co-
name.
The Miami Beach City Council, petitioned by a group of property owners along 41st
Street, introduced an ordinance renaming 41st Street as Arthur Godfrey Road at its
meeting on February 1, 1956. The property owners sought to add the name "in tribute to
Arthur Godfrey, whose enthusiasm and interest in Our City has stimulated and
publicized the many virtues of South Florida." The City Council passed the ordinance
unanimously on first and second readings at the February 1, 1956 meeting, and passed
and approved the ordinance (Ordinance No. 1201) on third reading on February 15,
1956. (See Exhibit "A', attached hereto).
Forty-First Street is maintained by the State and designated by the Florida Department
of Transportation (.FDOT") as State Road 112. Typically, the State legislature must
approve the addition or removal of a co-name for a State road. However, the State
legislature has never designated 41st Street as "Arthur Godfrey Road." FDOT has no
record of a roadway designation named "Arthur Godfrey Road." As such, the City
Commission may remove the "Arthur Godfrey Road" co-name merely by repealing
Ordinance No. 1201. FDOT has not yet confirmed whether it will incur the cost of
removing or covering up the highway sign that directs traffic to Arthur Godfrey Road,
which is located over the eastbound lanes of l-195.
263
BE IT OBDAINED BY
FLORIDA:
SECTION 2:
SECTION 1: That that certaln hlghway shgyn.and deslgnated:' ai-irii;tv-fi*"t StreEt,' 6r "41st Streetil on
PLats of the o""at-itlti-i"oplt1y of Mlaml Beach Improvement
ffi;;"i; oi-r'iarr"go-ieryice-Sub&lv1slon, of orcha-rd. Sub-
Dlvlslon Numbers i'i"i-S,-oi OrcfrarO Subfllvlslon Number 4, of
;i;i"s; iiry-s"rair1;i";; oi earaen subdlvlston, of NautlLus
Aaelt-fi;,-oi, Fi"si-loaiiio" ro Mld-Golf subdlv1s10n, of
ir:*""rv 6"uarur"rirrl-oi-Niut11"s Extensl0n second and of
41st Street Susfneii Subdlvlslon, sald platq belng recorded
1n the publlc ne"6ras-Ji-OaAe Cognty, Florlda,respectivelv
ir ih*::f" a ::"i3E:;,l.II"Ei,lt' i::l-!i;l'1;"a; :iit: "ii"i-iJ"i-6'-"i pie6-iorl-r" irat eoor< 29 at gase.67, tn PLat
ffi;!-il;eg; i36; i., rrat Book ? at paee r5r, rn-Prat Book
23 tt page b6, rt:irit' i6;i 5ti at piie-Bi ?"a.in Plat Book 34
;i ;;s;-8,,-ri nere[v-c-ninse[^rn nine and deslgnatlon' and
unaii-neie6rter bi ldrown, deglgnated and referred to as
tiA.rthur Godfrey Roadtr.
ORDINANCE NO. 12O].
AN ORDTNANCB OF TIIE CrS/ OF wiltT-qE494r-
iriomp[ cnarlaruo r]IE NAt'lE oF FoRrl/-FrRsr
i4iAi) Srnrut ro ARTI{IIR GoDFREIY RoAD'
THE CITY COUNCIL OF THE CIIY OF MIA},E BEACH,
That all ordlnanceE or parts of ordlnances ln
"o"ffi"t herewlth are hereby repealed'
SECTION 3: That thlE ordlnance shall go lnto effec! lmmedlatel-yY:==--
"po" i6s-p;;ilg; and postlig as requlred by J'aw '
PASSED and ADOPTED thle--flday of retrrramr'A.Di ' t956'
lot readlng - FebruarT L, \229
Grrc! o[ grrr r'to!ilE, - cF, Elu. - rErta lErcl ta. lLoEDr
264
STATE OF FIOBIDA
COUNTY OP DADE:
I, R. l{l{. L. JOHNSON, Clty Clerk ln and f,or the Clty
of Mlanl Beech, Florlda, do hereby centlfy that Or:dlnance
No. 1201 , entltled:
nlN onDrreNcE oF THE crry oF urur BEAcII, FroRtDA,
CEANGING THE NAME OF FORIY.FP51 (41ST) STNTST To
ARTIIUR GODFREY ROADN,
h8v1ng been paeeed and adopted by the ctty councll of the clty
of l,Ilan1 Beach, Florlda, hag been poated by ne ln three coneplcuouc
placea tn the Clty of M1aml 8each, one of rhtch ra! at the door of
the Clty Hal1 ln aatd Clty on the 15th day of Febrrrany, 1955
8nd that seld Ordlnance rcualned poated fon a penlod of at leaEt
thlrty days ln accordance rlth the requlrcrrnt! of the Clty Cher:ten
of the sald clty of lrt18n1 8cach.
IN UISNBSS XUEREOF I have lrereunto set ny hand and
afflxed the offlclal acal of the Clty of !,t18n1 Bcach, Florlda,
on thlg thc 28th day of tilarch, A.D. L956
265
Councll Mlnutes Febrrrary 1, 1956
{f pursuant to Council instructlons earller ln the meetlng,
an ordlnance was pr:esented ohanglng the name of 41st Street to
llArthur Godfrey Road", and lt was glven lts flrst readlng ln
ful1, as follows )
(Here appears sald ordlnance ln fu11)
Councllman Llbenman moved the passage of the foregolng
ordlnance as read. The motlon was seconded by Councllman Rlchard
ancl upon call of the ro11 carrled unanlmously.
iiftfr tfre unanlmous consent of the Councllmen present the
. ordlnance was glven 1ts second readin8 by tlt1e.on1y, whereupol
Councllnran Llb;rman moved 1ts passage. The motlon was seConded
by counclJ-gan Rlchard and upon call of the rolL carrled unani-
trously. /,/\Tlie Cferk advlsed the Councll that he had another matter
to dtseuss wlth them, relatlve to the Blrdland operatllg Cgmpan{,
operators of a nlght- club at 2228 Park Avenue. He ca1led to th61r' attentlon thal on Decembe? 7 ' 1955 approval had been e1y-gn- .to thelr appllcatlon to operate i nfght c1ub, Im-own as 1the Nlght
Owl C1ub, tt ZZZ9 park Avenue, and at that tlme he-polnted 9u! -to the Counell tfrai tfre grounO floor of these premises conslsted
of three large rooms, a1I of whlctr hacl doors enterlng on Park.
Avenue. Howdver, at, bhat tLme, only the northernmOst room met
the requlrements'of the Bulldlng Department as to a1r condltlon-
lng and soundproof'lng' ,n the Blrdr"andThe appr-oval to-operate a nlght club was give
Operatlng -C6mpany, ontlr tn the nprthernmost room lorown as The
Nieht OwI nooin. -tte aaiAsed the Council that lttr. Teddy Gofdstein
noiv sought permlsslon to operate a nlght cfub 1n the southern-
most of-the three rooms, to te lrnovn: as fhe P1x1e Room and'
that thls room now. meeti the requlrements of the Bulldlng Depart-
ment as to alr condltlonlng and sounctprooflng. He further
advlsed that all three rooms were connected by doorways and
that lvlr. Goldstetn had stated agaln that he was the operator of
al-l of the rooms on the Premises.
Councllman Rlchard commented that the Ilguor llcense
was tssued for the prenlses at 2228 Par]K Avenue and he thought
the operator could openate under flctlctous names as long as
he do6s not lease th6 bars out to other partles, and lf.he does
thls, somethlng could be done about 1t. 1-Clty Attolney Shepard stated that l{r. Goldstein should not
have tak6n the 116ense- out for a pantlcular room; that he should
have taken 1t out 1n hls namei horsever, he can have three rooms
or even more lf they are alL on the same premlses and under one
management.. -The Clerk was lnstructed to advise Mr. Goldsteln that the
llcense whlch he possesses entitles hlm to operate nore than
one club room, evin though they have dlfferent names, pnov ded
that all club r.ooms are locatea fu tne sarne buI1d1ng, at the
same premlses (2228 Park Avenue), and are operated by- the.
same 6perator, anil that alL-of the rooms are connected wlth eacn
other by open doorways.
The Councll then consldered t{re request to place tot 6 and
the easterly portlon of the south I ot l.ot, 5, Block 22, Oeean
Beach No. 3l in "BA" Buslness Dlstrict (property on the west
slde of, waltrfngton Avenue ln block north of-C1ty Ha11). 10Zontng heiring on thls request was conducted on January 16,
and actlon-deferred untl1 thls meeting.
Itlr. Irvlng Schulman, attorney, appeared and urged the- . .CouncLl to qct on thls request. He sald that it was a hardshlp
Case; that dhe sto:res were vacant and the property owners were..
ln distress; that qrrless the zonlng ts changed the anea will
begln to depreclate.
-1 ?-
266
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E6a IeL, ln P{at Eo6ic 29 e.t Eege 5?, Le g}atX*X, tu Flat Eooic 29 e,t Eegs bT
1.- .:. tn p
e Q clo*,$ lBookA 4Zttfl lil"oh -$iEe ps,,s* is; rn fta* Bse'Ir f *t eqse 16rl ra'f'rat hslr,'A 4zS *z mgts-6, :e prat so$& 34 at FagF- $I ae tu Flet stsak 34**. /at pag-e 92, ls herrby ehallsd' *e t*e 3s$ d+-eigaatlmr ed
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fi a^&rthur Ssi.frey Rcad,n r
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Etrp^E s1L erdsnseses o:c'pqrts qtr orstt&E$Eeg l:x
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&at thts e,rdraance 6heLl Ee lrlte effegt lameCtateLy
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Ist readlng - February 1' 1956-
2ad readlng - February L, 7!)b
3rd ::eadlng -
POSTFD
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P ET'I'?,ION
Ta: Cifiy' Cobacitr- &ttauii Beachl Flbtida , '
ltlE; tEe undersign'ed frop""ty ownerg of l'orty-trrii:st Street,
Mianii B;1dti, Dade Couaty; Florida; in tribute to ARTI{UR GODtr'R-EY,'&l
;UoiE dHi:Airgi'*t* and tiit6rest i- oui city has stfinrrl,ated aad publieized
iU$e{$;, iiitrr.s or So:rtu rgriaa; go hereby rpetitioa the above named
CdsliiiZii {6 {Arri sricte*ticial aitio,a aE ia *heir discratiob. stirtl be aecessary
6b aHEg6 ,hi kd#U 6r gorii;:t'irst Sireet to ARTr{uR coDr'REY Ro.4,D, es
H fd#t lii ptiii,ia riictr!,iritioa a:id gttitittrae,
Wiim.BnOnE, tlie petitioneib pray thdt the CouaciL take jurisdiction
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over the subject rrrbtter::
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270
F "ErITISN
To: Ctty Coueil, &Eiefi*i Ee.ach, $*lorlda
S&, tbe uadersigaed. pgeperff ewnorc et Ferff_First Etreet,
Mi*n,i Beach, &ode Gourre6 Elarida, ia trib*te t8 ARf}IEB. GOSE BEy,
wfusa e*thttsiaEalr ead lllterest ta Sur Oity *as stirnr:iisied md pubtieiaed
t&epaany rui.?&ares of $autL flfuerid,ar do hereby petiti*r the ahave aa,snd
GgEt lcit to tEEe sr:cb ogEi{d,at atgler es ia their diecres€ra sboll be aecess&ly
te elaatge th,e aeme cd Forty-Firsi $treet to AEI.I{0& Gotrrg,Ey EGA&. a$
a .t+ka.f, fublle resag*ttlm aad gratlh,ade.
i ' EECft-ffi'OS,-8, {&e ;retitiuners ,r&y t&st the 6ouslc*t take }eriedletie*
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ory*dr FIRST CLASS
IR R.EPLY REFEI AO
JP?flSMIAMT 81, FLORIDA.
Febn:a:y 23, \956
Cifir of ttiaui- Beach
A'r,ta: !b. ifu. I,. Johnson
City Clerk
Ciiy !ia3J.
Eiarqi Beacb 39: Florida
!$ dear Sirss
f,:is lcLlL aclocr+rledge receipi; of yo:,r ierter of Febrtrary
3-6, directed to Saperntend*rl of our Sgia-?j. Beach BrancL,
eaclos::eg several copies of City Crdinance }ic. i2O3-, serb-
Xing forth ihe ac'uion of ',,he Ci'by Coraeil oI ihe Gi-i;y of
Slj.arni tseach oo Febz.aa:ry i5, fu cirargi.:rg ifis desi gnati.cn
of shat TEas former\r i<rro,rm as !1 Sbreet, to rAiifafiB, CrOXF?,gf
P,OE3$.
?ie are tiiis daie issurag the secessary tuJJ,etins to a'1'! pss!-
aL urtits ecaeesrred in rhe area i-s oriern tbat mail receivedfor addresses cn Arthira Godf:rey Eoad ne$r be del-ivered Eith-eut inie::mirtioa., '*e shal3, of eou,rse, contiaae to eanyia o-irr d.eI-ivery Erapsr etc.e ihe raxe of "l+1 Streetr?, as welL
as ihe aenr desigaa-',ioa, for obvious reasons i.z: our nai 1 dis-i;ribution" lic acdiiio::"aL copies of the ordi::ance w"il: be re-
quired. for our ase"
@riteb Ststeg lFogf @fti&
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p :.\*.-St R\ YalJ.iere,
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Councll Mlnutes
Construetlon
BenchesEntertalner and part-tlmelaborer for 9 months Total --
February 15, 1956
Mr. Renshaw was asked for h1s oplnlon and he sald he would notrecou:nend awandlng the contract untl1 the bonds are so1d. rt was theconEenEu8 of op1n10n, however, that advantage strould be taken of thepresent price of sewer p1pe, and after a brlef dlscusslon counclLrnanLlberman wlthdrew hls motlon and councllrnan Frank hls second.
" counellman Rlchard then moved that the Iow bldder on the BlscaynePoj-nt sanltary sewer ploJect be authorlzed, to buy the plpe for this"Job' provided he l.s w111lng to glve the clty ass[rrance-tirat he willtake the cooiract at hls guoted prlce 1f tha sewer Bonds are sold;1f the Bonds are not,soId, the clty wlrl take the plpe off hls hanos.The motlon was seconded by Councllnan Llberrnan and- c-arrled unanlmousiy.
Mn. Renshaw advlsed that a fac11lty limown as t'Frlendehtp cornerItlo. L" has been erected on the l{unlclpai pler to accomrodate the folkslngers of the South Shore area. He sald he thought lt was anexcellent proJect and that Mr. Llpp should be eom;ended on accomplish-ing lt
Ivlr. Renshaw sald Ehat an approprlation of $5,5oo.oo 1s necessary.to coven the cost of construgting thts facllrty'bira furnlshlng oneentertalner and a part-t1me laboier, both for nlne months, and hesubmltted a breakdown of the cost, as foll_ows:
62,665.2t
625.oO
2,t6o.oow;w:x.
Councllman Llberman moved that an approprlatlon of $5,5OO.OObe authorlzed from unapproprlated current funds to cover the cost ofconstructing t'Friend.shlp corner No. Itr. The ruotlon was seconded byCouncllman Rlehard and camied unanlrrously.
Assistant Clty Attorney Robblns advlseal that the Clty has beenserved wlth a aurnmons and cross-complalnt 1n the cause of- paul
Schaffer vs. Red Top Sedan Servlce Inc., Walker ljams, and Clty ofMlarnl Beach, a case 1nvoIv1ng a vehlcle accldent on November 12,L954,wh!.1e_rJams was employed as the cltyts chauffeur for a v.r.p. r6nlarvehicle.' He. stated that the clty was not served prevlously and now Red Topsedan servlce 1s f111ng a cross-complalnt agalnst the clty and rJams,clai.mlng_that conpLete control and ltaUfffty ls the Cltyr;. Mr,-Robblns firther advlsed that the clty had lnsurance at Lhts t1me.
An ordlnance came on for thlrd and f1na1 readlng, lncreislng thesalary of the comblned offlces of Asslstant clty iuanaler and cltiEnglneen fron $1,O4I.OO per month to $L,25O.0O ler moith, and lt-wasread 1n fu1l, the tltle belng as follows:
AN ORDTNANCE AME$DING SECTION 1 OF ORDTNANCE NO. 678,. ENTITIJED: "AN ORDINANCE OF TIIE CITY OF MIAIVE BEACH,.Fr,oRIDA, ESTABTTSHING A SCHEDULE OF SALARIES TO BE
PAID TO fI{E ADMINTSTRATIVE OFFICERS OF TI{E CITY OFMI.eMl srtcu, FLoRTDA, AND FIXING THE nATES THEREOF."
Councllman Frank moved the adoptlon of the ordlnance aB read.The notlon was seconded by Councllman Spaet and upon call of the rolLcarrled unaalmously.
,/ The ordlnance was deslgnated No. 120O.
,/ An ordlnance came on for thlrd and flnal readlng, renamlng AlstStreet Arthur Godfrey Road, and 1t was read ln fu11, the tltl,e-beingas follows:
AN ORDTNANCE OF TI{E CTfY OF IV]IAMI BEACH, FI,ORIDA,
cr{aNcrNe T}# NAME OF FORTY-FrRSf (41ST) Srnrnr sO
ARTHUR GODFREY ROAD.
Councllman Spaet moved the adoptlon of the ordlnance as read.
The motion was seconded by Councllman llberman and upon ea1I of theroll carrlecl unanlmously.
I
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IThe ordlnance was deslgnated No. L201.
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4 MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, Clty Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: July 7, 2O14
SUBJECT: Referrol to the Plonning Boord ond Lond Use & Development Committee:
Item Regording the Recently Adopted Single Fomily Home Ordinonce
Pleose ploce the obove item, for referrol to the September Plonning Boord ond the
September Lond Use ond Development Committee, on the Jvly 23,2014 Commission
Agendo. Specificolly, I would like the following items to be considered os omendments
to the Single Fomily Home Ordinonce:
1. The clorificotion of the definitions of 'lnterior Side Yord Open Spoce' ond 'lnternol
Courtyords', for Lot Coveroge Purposes;
2. Modify theTO% Second Floor Rule os it pertoins to lnterior Height Volume;
3. Add o requirement for DRB review of new homes on oll lots creoted by o lot split.
4. Amend the regulotions regording Roof Decks to only ollow on homes with direct
occess to the open boy ond on single story homes.
5. Extend the yeor of required DRB review for the demolition of Architecturolly
Significont homes from I 942 to 1966.
lf you hove ony questions, pleose contoct me ot extension 6622.
JWVM
We ore commitled to provtding excellent public service ond sofel to oll who live, work, ond ploy in our vibront, tropicol, histor,- -amatniht
Agenda ttem
Date
crH
7d2-/u282
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283
g MIAMI BEACH
City of Miqmi Beoch, l 700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT: REFERRAL TO THE FINANCE CITYWIDE PROJECTS COMMITTEE -
PARKING DEMAND ANALYSI PARKING CONSULTANTS
BACKGROUND
The City engaged Walker Parking Consultants, lnc. to perform a parking demand analysis of
South Beach and North Beach. The scope of services, study areas, and deliverables are as
follows:
Scope of Services
o Update physical inventory and analysis.o Update projection of future parking demand and need.o Analyze the City's proposed parking overlay district; forecast impact of its
implementation; and provide alternatives (Phase I only).. Analyze impact of extending existing restricted residential parking zone hours to 24
hours/seven days a week and provide alternatives (all applicable restricted
residential parking zones within the study areas).. Public input provided through the City.
Study Areas
Phase l: Sth Streetto 17th Street and from WestAvenue/Bay Road to LenoxAvenue
Phase ll: 17th Street to 23rd StreeUDade Boulevard and from Alton Road to Collins
Avenue.
Phase !ll: 5th Street to 17th Street and from Lenox Avenue to Pennsylvania/Drexel
Avenue.
Phase lV: Sth Street to 1o 17th Street and from Pennsylvania/DrexelAvenue to
Collins Avenue/Ocean Drive.
Phase V: South Point Drive to Sth Street and from Alton Road to Ocean Drive.
Phase Vl. North Beach - 63'd Street to 87th Terrace and Atlantic Ocean to Biscayne
Bay.
Deliverables
Walker Parking proposes to provide the same deliverables for each phase of the project as
follows:
1. Work Plan, including progress schedule
Mayor Philip Levine and
Jimmy L. Morales, City
July 23,2014
Agenda ltem C/Z
Date 7434cl284
July 23,2014 CW Commission Memo
Parking Demand AnalysisrWalker Parking Consultants - Referral
Page 2 of 2
2. Supply/DemandAnalysistechnicalmemorandum3. Supply/Demand Analysis draft report4. Overlay parking district review and alternatives5. Residential Parking Zone extension to 24 hours/seven days a week review and
alternatives, if applicable.6. Final parking master plan report; this report will incorporate parking supply/demand,
alternatives analysis; overlay district impact and alternatives; and impact of
extension of residential parking zone hours to 24 hours, seven days a week.
GONCLUSION
The Administration recommends the referral of each of these studies to the Finance and
Citywide Projects Committee for review and discussion.
fir+
JLM/KGB/SF
T:\AGE N DA\201 4Uu1y23201 4\WalkerParkingAnalysisFCWPCReferral. cme. doc
285
E MIAMIBEACH
Ciry of llliomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: REFERRAL TO THE NEI
COMMITTEE -
AND COMMUNITY AFFAIRS
DISCUSSION: ARTIST AND NON-PROFIT VENDOR ORDINANCE.
ADMINISTRATION RECOMMENDATION
Refer the item to the Neighborhoods and Community Affairs Committee for further discussion.
BACKGROUND/ANALYSIS
The previous Committee that was responsible for reviewing and approving permits for Artist and
Non-Profit Vendors has been eliminated. As such, a revised review and approval process is
needed. !n order for the matter to be appropriately vetted, it is suggested that a more holistic
discussion of the Ordinance be initiated at the Committee level.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the item to the
Neighborhoods and Community Affairs Committee for further discussion.
tt#Jara
T:\AGENDA\2014Uuly\Referral to Neighborhoods Committee - Artist and Vendor Ordinance.docx
Agenda ltem
Date
e?T
7-)?4{286
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287
g MIAMIBEACH
City of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
C SSION MEMORANDUM
ission
Jimmy L. Morales, City Manager
July 23,2014
REFERRAL TO THE LAND USE AIID DEVELOPMENT COMMITTEE -
DISCUSSION ON PROPOSED AMENDMENTS TO THE CITY CODE
PERTAINING TO ALCOHOLIC BEVERAGE ESTABLISHMENTS (CHAPTER 6);
REQUIREMENTS FOR DETERMINING THE SIZE AND SQUARE FOOTAGE OF
"ACCESSORY USES" lN RELATION TO THE MAIN PERMITTED USE; AND
THE CLARIFICATION OF THRESHOLD STANDARDS FOR NEIGHBORHOOD
IMPACT ESTABLISHMENTS.
ADMINISTRATION RECOMIT'IENDATION
Refer the item to the Land Use and Development Committee for further discussion.
BACKGROUND/ANALYSIS
On July 9,2014, as part of a discussion pertaining to allowable Accessory Uses and Neighborhood
lmpact Establishments, the Land Use Committee Proposed amendments to the City Code
pertaining to:
1. Alcoholic Beverage Establishments (Chapter 6);
2. Requirements for determining the size and square footage of "Accessory Uses" in
relation to the main permitted use; and
3. The clarification of threshold standards for Neighborhood !mpact Establishments
CONCLUSION
ln accordance with the July 9, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the item
to the Land Use and Development Committee.
tuffilnau
Agenda ltem c?k
oate 7-A9// ,
TO:
FROM:
DATE:
SUBJECT:
T:\AGENDA\20'|4Uuly\Referral to Land Use Committee - Alcohol, Accessory Use and NIE Thresholds.docx
288
THIS PAGE INTENTIONALLY LEFT BLANK
289
E MIAMI BEACH
Ciiy of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: REFERRAL TO THE PLANNING
PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS
TO REMOVE THE EXISTING 'SUNSET' PROVISION FOR PARKING DISTRICT
NO. 5 (SUNSET HARBOR) AND TO CLARTFY THE CONDITTONAL USE
REQUIREMENTS IN THE CD.2 DISTRICT.
ADMINISTRATION RECOMMENDATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND
On December 12, 2012, the City Commission adopted an amendment to the Land Development
Regulations, establishing Parking District No. 5 in the Sunset Harbor area, which reduced or
eliminated required parking for small commercial businesses. The subject ordinance also set a
lower threshold for Neighborhood lmpact Establishments (NlE), requiring Planning Board review of
restaurants over 100 seats and/or 125 persons occupancy (the current review threshold city wide
is for 300 persons or more occupancy). On June 5, 2013, the Commission adopted an
amendment to Parking District No. 5, which provided for parking reductions in certain types of 'live-
work' and residential parking uses.
At the time of adoption in 2012, the Commission made a referral to the Land Use and Development
Committee (LUDC) to review the impact of the ordinance within eleven (11) months of its adoption.
This progress report was presented to the LUDC on January 22,2014, at which time a status
report was provided. The LUDC scheduled another progress report in six (6) months specifically
pertaining to the sunset provision of the code.
On July 9,2014, the LUDC addressed the issue of the sunset provision and recommended that it
be terminated.
ANALYSIS
The reduction of parking requirements in the Sunset Harbor area was necessitated by the extreme
difficulty of actually providing parking on-site within this constrained neighborhood. The policy of
reducing parking requirements for small businesses was warranted given that the Sunset Harbor
garage is operational, which has provided adequate infrastructure parking to support the
surrounding neighborhood's burgeoning growth of small, resident-oriented businesses.
The development of slightly larger projects is still required to provide parking; however, these
particular projects are permitted to pay a fee-in-lieu of providing parking on site. Large
developments in excess of 15,000 square feet are required to provide parking on-site or within 500
feet. The cutoff for the parking reduction is 3,500 square feet per business, with a maximum
aggregate of not more than 10,000 square feet of total area for one building. Similar thresholds
apply to restaurants. Agenda atem C/L
Date 7-234/290
Commission Memorandum
Refenal to Planning Board - Amendments to Parking Distict No. 5
Julv 23, 2014 Page 2 ol 2
The adopted ordinance included a 'sunset' provision, which would apply to any new application
submitted after December 22,2014. Specifically, Section 130-33(bX5) states that: "The parking
requirements in this subsection (b) shall only apply to projects that have obtained a building permit
or land use board approval by December 22,2014".
Since the adoption of the ordinance, five (5) new development projects have been approved by the
Design Review Board, and one (1) project is pending Board approval, in the Sunset Harbor area
that would be affected by the new regulations. These projects include a new retail store at the
triangular corner of Dade Boulevard, 18th Street and Alton Road and several restauranUretail infill
projects in the 1700 and 1800 blocks of Bay Road. All of these projects are still in the review and
development stage. As such, without data on the ultimate tenant usage and seat counts, staff
does not yet have firm data on the total number of spaces that may eventually be exempted. But
at a minimum, if all the projects were to become retail or personal service establishments, such as
yoga studios or fitness clubs, dividing the projects by 1 parking space per 300 square teet, 112
parking spaces would be exempt and 24 spaces would qualify to pay into the annual parking-in-lieu
program. Currently the parking-in-lieu fee is two (2) percent of the one-time fee of $35,000 ($ZOO
per year for each space).
Staff has also researched all permits and licenses issued within the Sunset Harbor area since the
adoption of the Ordinance and there have been several applications for restaurant conversions
within existing warehouse or industrial spaces on Purdy Avenue, Bay Road, and the south-west
corner of 18ft Street and West Avenue. However, none of these applications has generated a
parking requirement based on the current requirements of Parking District No. 5. Additionally, the
amount of revenue generated by the Sunset Harbor garage has increased each year, with a total
revenue amount to date of $762,019.29. This figure far exceeds the amount of lost parking impact
fee revenue of $106,400.00 ($53,200.00 x 2 years) since the adoption of the ordinance.
ln light of the fact that the Parking District is functioning as intended, the Land Use Committee
concluded that the sunset provision is no longer needed.
Finally, when the original ordinance was adopted, the conditional use section for the CD-2 zoning
district was updated to include lower thresholds for Neighborhood lmpact Establishments (NlE) in
the Sunset Harbor area. During the Land Use Committee review process, it was determined that
this text amendment inadvertently eliminated the conditional uses for the rest of CD-2 zoning
districts that are outside of the Sunset Harbor area. As such, the Land Use Committee has
recommended correcting this error, in addition to removing the sunset provision.
CONCLUSION
!n accordance with the July 9, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer an
Ordinance Amendment to the Planning Board to remove the existing 'sunset' provision for Parking
District No. 5 (Sunset Harbor) and to clarify the Conditional Use Requirements in the CD-2 District.
ttffilna*
T:\AGENDA\20'|4Uuly\Referral to Planning Board - Parking District No. 5 MEMO.docx
291
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Jimmy Morales, City Manager
Commissioner Weithorn
July t4, zot4
Referral to Neighborhood/Community Affairs Committee
Re: Automated External Defibrillators (AED) in Public Places
Please add a referral to the Commission agenda scheduled for July 23,2or4 to the next
Neighborhood/Communrty Affairs Committee, regarding the creation of an ordinance
requiring automated external defibrillators in public places.
Ifyou have any questions please contact Lauren Carra at extension 65z8 or
LaurenCarra@ miamibeachfl . gov.
Agenda ltem
Date
CC/K/-;w292
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293
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: July 1 4th, 2014
SUBJECT: Referral to Land Use amendments to development regulations in MXE zoning
district
Please place on the July 23'd City Commission Meeting Agenda on the consent agenda a
referral to Land Use and Development and the Planning board regarding possible
amendment to the development regulations in the MXE zoning district as they apply to non-
hotel uses.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commiffed to providing excellent public service and sofefy to oll who live, work, ond ploy in our vibronf, tropicol, hisloric communily.
Agenda nem CW
Date 2-3J4(294
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295
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: July 1 4'h, 2014
SUBJECT: Referral to Finance regarding the Miami Beach Police Athletic League (PAL)
Please place on the July 23'd City Commission Meeting Agenda on the consent agenda a
referral to Finance and Citywide Projects Committee exploring issues brought up in an
internal audit, specifically regarding utility fees that are past due.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commilled to providing excellent public service ond sofely to oll who live, work, ond ploy in our vibront, tropicol, htstoric communify.
Agenda ltem CyO
296
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297
C4 - Commission Committee Assiqnments
Referral To The Neighborhood/Community Affairs Committee - Adding Pride/Rainbow
Colors To The Street Signs From 10th-12th Streets On Washington/Collins/Ocean As
Per The Recommendation Of The LGBT Business Enhancement Committee.
(Requested by Commissioner Micky Steinberg)
Agenda ltem
Date
aVP
-_23-/q298
299
G6
COMMISSION COMMITTEE REPORTS
300
g MIAMI BEACH
Cify of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the_City
FROM:Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: REPORT OF THE JUNE 12, 2014 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on June 12,2014. Land Use
Committee Members in attendance were Commissioners Joy Malakoff and Michael Grieco.
Members from the Administration, including, Joe Jimenez, Thomas Mooney, Raul Aguila
and Gary Held, as well as members of public, were also in attendance. Please see the
attached sign-in sheet.
The meeting was called to order at 3:07 pm.
1. ST. PATRICK'S SCHOOL ROW PARKING AND TRAFFIC ANALYSIS.
(RETURNING FROM THE OCTOBER 23, 2013 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GONGORA
JUNE 5. 2013 CITY COMMISSION MEETING, ITEM C4J)
VERBAL REPORT
AFTER-ACTION:
Verbal Report provided by Eric Carpenter, Director of Public Works and Jose Gonzalez,
Director of Transportation
MOTION: MG/JM (2-0)
Continued the discussion to July 9, 2014.
2. DISCUSSION FOR CONSIDERATION OF ESTABLISHING ACCEPTABLE
ACCESSORY USES PERMITTING RESTAURANTS IN CONTRIBUTING HISTORIC
STRUGTURES WITHIN THE RM.2 CULTURAL ARTS NEIGHBORHOOD OVERLAY
DISTRICT.
(coNTtNUED FROM THE MAY 7,2014 LUDC MEETING
SPONSORED BY COMMISSIONER JOY MALAKOFF
ORIGINALLY REQUESTED BY COMMISSIONER JORGE R. EXPOSITO
OCTOBER 16. 2013 GITY COMMISSION MEETING, ITEI'I C4G}
AFTER.ACTION:
A request for Withdrawal was submitted by the original proposer.
MOTION: MG/JM (2-0)
Accept the withdrawal request.
Aoenda ttem c6ADateaAry301
City Commission Memorandum
Repoft of Land Use & Development Committee Meeting of June 12, 2014
Page 2 of 4
3. DISCUSSION ON TELEGOMMUNICATIONS ORDINANCE.
(RETURNING FROM THE MAY 7,2014 LUDC MEETING
ORIGINALLY REFFERED BY CITY COMMISSION
MARCH 5. 2014, CITY COMMISSION MEETING ITEM C4B)
AFTER-ACTION:
No discussion.
MOTION: MG/JM (2-0)
Continued the item to July 9,2014.
4. HPB'S RECOMMENDATION TO ESTABLISH FORMAL DEMOLITION PROCEDURES
WITHIN THE LDR'S.
(REQUESTED BY GITY COMMISSION
APRTL 23. 2014 CITY COMMISSION MEETING, ITEM C4l)
AFTER.AGTION:
Thomas Mooney and Joe Jimenez provided an overview of the item. Mariano Fernandez,
Building Official, addressed the Committee regarding inconsistencies and conflicts between
the demolition procedures in the LDR's and the Florida Building Code.
Comm. Malakoff suggested incorporating proposed regulations and procedures for all
single-family, multi-family and commercial properties.
Comm. Grieco discussed the potential of recycling building materials.
Daniel Ciraldo and Jo Manning addressed the Committee.
MOTION: MG/JM (2-0)
Recommend that the City Commission refer an Ordinance to the Planning Board, in
accordance with the Administration recommendation, including a definition for "Phased
Building Permit", as well as the inclusion of specimen trees, as applicable.
5. DISCUSSION ON TWO PROPOSED CODE AMENDMENTS DEALING WITH USES IN
THE RM-l DISTRICT.
(REQUESTED BY COMMISSIONER MICHAEL GRIECO
APRTL 23. 2014 ClrY COMMISSION MEETING, lrEM C40)
A. PROPOSED MODIFICATION TO CONDITIONAL USE REQUIREMENTS.
AFTER.ACTION:
Thomas Mooney provided an overview of the item. Monika Entin addressed the Committee
regarding the intentions of the proposer of the legislation. Comm. Malakoff asked about the
potentialfor using the Miami Beach Women's Club as a Miami Beach museum.
MOTION: MG/JM (2-0)
Recommend that the City Commission refer an Ordinance to the Planning Board, in
accordance with the Administration recommendation.
b. PROPOSED MODIFICATION TO REQUIREMENTS AND REGULATIONS GOVERNING
SHORT TERM RENTALS.
AFTER.ACTION:
fhomis Mooney provided an overview of the item. Monika Entin addressed the Committee
302
City Commission Memorandum
Report of Land Use & Development Committee Meeting of June 12, 2014
Page 3 of 4
regarding the intentions of the proposer of the legislation. Frank Del Vecchio addressed the
Committee. Gary Held discussed the issue of pre-emptions.
MOTION: MG/JM (2-0)
Recommend that the City Commission refer an Ordinance to the Planning Board, in
accordance with the Administration recommendation.
6. DISCUSSTON ON AN OVERLAY DISTRTCT FOR WASHINGTON AVENUE AND
NORTH BEACH.
(REQUESTED BY COMMISSIONER JOY MALAKOFF
NNAY 21,2014 CIry COMMISSION MEETING, ITEM C4B)
a. WASHINGTON AVENUE
AFTER.ACTION:
Comm. Malakoff provided preliminary comments. Thomas Mooney provided an overview of
the item. Saul Gross addressed the Committee and stated that while he agreed with the
concept of moving night clubs above the first floor that he did not believe it was the source
of the problem. He indicated that there were 2 main problems:
1. A restriction on parking west of Washington Avenue to residential parking only. ln order
to address the lack of parking he suggested more City garages be constructed.
2. The landlord selection of tenants has been poor. Because of the poor selection of
tenants, higher-end retail establishments are not as attracted to Washington Avenue.
Comm. Grieco indicated that residential uses were an important component. Steve Polisar
discussed night club and entertainment operations. Eric Barnes, owner of the Anglers
Hotels, expressed support for the proposal and the need to revitalize Washington Avenue.
Michael Larkin addressed the Committee on behalf of the owners of the 600 and 700 blocks
of Washington Avenue. Daniel Ciraldo recommended that illustrations be provided in order
to better assess the ramifications and future impacts of TDR's along Washington Avenue.
lssac Klein, a property owner along Washington Avenue, expressed concern with
Washington Avenue being a dead space and that any new investment or initiative would
have a positive impact. Frank Del Vecchio discussed the applicable charter provision and
the need for a complete zoning package. Comm Grieco indicated that he would like to see
different options for Washington Avenue. Comm. Malakoff expressed the need for different
building types and daytime uses along Washington Avenue. Comm. Malakoff also
expressed a concern with the lack of parking.
b. NORTH BEACH
AFTER.ACTION:
Thomas Mooney provided an overview of the item. Daniel Veitia addressed the Committee
regarding a larger vision for the North Beach Town Center area, particularly the need for
office uses.
MOTION: MG/JM (2-0)
Continued to the July 9, 2014 Land Use Meeting.
7. SEA LEVEL RISE AND BUILDING HEIGHTS.
(PENDING APPROVAL FROM CITY COMMISSION JUNE 11,20141
AFTER.ACTION:
Comm. Malakoff discussed the recommendations of the Mayors Blue Ribbon Panel on
Flooding and Sea Level Rise. Thomas Mooney provided an overview of the item. Peter
Luria addressed the Committee regarding single family homes.
303
City Commission Memorandum
Report of Land Use & Development Committ* Meeting of June 12, 2014
Page 4 of 4
MOTION: MG/JM (2-0)
No formal action. The matter is to be re-visited at a future date.
The Meeting Adjourned at 5:11 PM
Attachment
JLM/JMJ/TRM
m:\gcmb\ccupdates\land use and development crmmittee\2Ol4\june 12, 2014\drafr repo( of the ludc meeting of june 12, 2014.docx
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306
E MIAMI BEACH
C:ty of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: REPORT OF THE JULY 9,
COMMITTEE MEETING
f the City[Commission
014 LAND USE AND DEVELOPMENT
A Land Use and Development Committee meeting was held on July 9,2014. Land Use
Committee Members in attendance were Commissioners Joy Malakoff, Deede Weithorn,
Jonah Wolfson and Michael Grieco. Members from the Administration, including, Joe
Jimenez, Thomas Mooney, RaulAguila and Gary Held, as well as members of public, were
also in attendance. Please see the attached sign-in sheet.
The meeting was called to order at 10:05 AM.
1. PARKING DISTRICT NO. 5 - SUNSET HARBOUR.
(RETURNTNG FROM THE JANUARY 22, 2014 LUDC MEETING
ORIGINALLY REFERRED BY CIry COMMISSION
NOVEMBER 14. 2012 CITY COMMISSION MEETING, ITEM RsA)
AFTER.ACTION:
Thomas Mooney provided an overview and summary.
Comm. Weithorn suggested eliminating the sunset provision entirely, due to the success of
the garage.
MOTION: DWMG (3-0)
Refer an Ordinance to the Planning Board, as recommended by the Administration, with the
removal of the sunset provision.
2. ST. PATRICK'S SCHOOL ROW PARKING AND TRAFFIC ANALYSIS.
(RETURNTNG FROM THE JUNE 12,2014 LUDC MEETING
ORIGINALLY REFERRED ON
JUNE 5. 2013 CIry COMMISSION MEETING, ITEM C4J)
AFTER.ACTION:
Jose Gonzalez, Transportation Director, provided an overview of the item, including a
summary of the County position that pedestrian access should be maintained, as part of any
vehicular closure.
Comm. Wolfson suggested that the City continue to work with the County to allow
pedestrian access to be closed.
The City Attorney was asked to research the authority of the County to require pedestrian
access, over City objections.
Agenda 11sm C(/B
Darc 7zl31c/307
City Commission Memorandum
Repoft of Land Use & Development Committee Meeting of July 9, 2014
Page 2 of 4
Fr. Roberto Cid, from St. Patricks, addressed the Committee regarding the safety and
security of the student body. Additionally the Director of the school and a parent expressed
concern with the safety and security of the children.
Comm. Grieco indicated that it would be important to hear the views of affected residents
surrounding the school.
MOTION: JWMG (4-0)
1. Direct the Administration to continue to work with the County to permit both the
pedestrian and vehicular closing of Meridian Avenue between Barry Street and 39th
Street.
2. Refer an item to the Full City Commission for either the July 23, 2014 or July 30,
2014 meeting, so that the Commission can formally endorse the proposal to close
Meridian Avenue to both vehicles and pedestrians.
3. DISCUSSION ON THE PROPOSED TERMINAL ISLAND RESIDENTIAL PROJEGT.
(RETURNING FROM THE APRTL 9,2014 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
FEBRUARY 12. 2014 Clry COMMISSION MEETING, ITEM C4G)
AFTER-ACTION:
Neisen Kasdin provided an overview of the proposal and revised Term Sheet.
Joe Jimenez updated the Committee on the content of the Term Sheet, as well as additional
items not mentioned in the term sheet, that would be a requirement of a future Development
Agreement and enabling legislation.
Members of the public addressed the Committee.
MOTION: MG / DW (3-0)
Endorsed the proposed Term Sheet and recommended the following:
1. The City's Outside Counsel should be subsidized by the developer;
2. The timeframe for completing the Development Agreement should be expedited, if
feasible;
3. Additional public notice for future hearings, beyond that mandated by State or City
law, shall be provided;
4. Recommended a referral to the Planning Board for all required Code and
Comprehensive Plan amendments.
4. DISCUSSION ON TELECOMMUNICATIONS ORDINANCE.
(RETURNING FROM THE MAY 7,2014 LUDC MEETING
ORIGINALLY REFFERED BY GITY COMMISSION
MARCH 5. 2014, CITY GOMMISSION MEETING ITEM C4B)
AFTER.AGTION:
Continued to a date certain of September 3,2014.
5. DISCUSSION ON AN OVERLAY DISTRICT FOR WASHINGTON AVENUE AND
NORTH BEACH.
(RETURNING FROM THE JUNE 12,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
MAY 21.2014 CITY GOMMISSION MEETING, ITEM C4B)
a. WASHINGTON AVENUE
308
City Commission Memorandu m
Repoft of Land Use & Development Committee Meeting of July 9, 2014
Page 3 of 4
AFTER-AGTION:
Thomas Mooney provided an overview and summary of the item.
Saul Gross addressed the Committee and discussed the make-up and intentions of the
recently formed Mayors Blue Ribbon Panel on Washington Avenue.
Comm. Malakoff recommended that the Blue Ribbon Panel strive to complete its
recommendations by late September.
Michael Larkin addressed the Committee on behalf of the owners of the 600 and 700 blocks
of Washington Avenue.
MOTION: MG/DW (3-0)
Continued to the September 3, 2014 Land Use Meeting.
b. NORTH BEACH
AFTER-ACTION:
Commissioner Malakoff suggested that a North Beach Master Plan should be part of the
overlay process.
Joe Jimenez discussed the importance of a plan for the west lots along Collins Avenue.
MOTION: MG/JM (2-0)
Continued to the September 3,2014 Land Use Meeting. The Committee recommended a
Master Plan be developed for for Ocean Terrace, 71st Street and the West Lots along Collins
Avenue.
6. DISCUSSION REGARDING CREATION OF THE FAENA OVERLAY DISTRICT.
(REQEUSTED BY COMMTSSTONER JOY MALAKOFF
JUNE 11. 2014 CITY COMMTSSTON MEETING, |TEM C4G)
AFTER.ACTION:
Thomas Mooney provided a brief overview.
Niesen Kasdin and Alan Faena provided a power point presentation.
MOTION: MG / DW (3-0)
Endorsed the proposal and recommended Planning Board approval.
7. REZONING OF THE CITY.OWNED LAND AT 226 87TH TERRACE FROM GU TO
RM-2.
(REQUESTED BY COMMTSSTONER DEEDE WEITHORN
JUNE 11. 2014 CITY COMMISSION MEETING, ITEM C4J)
AFTER.ACTION:
Thomas Mooney provided an overview and summary of the item.
Graham Penn, Attorney for the owner & developer of the adjacent private land, addressed
the Committee.
MOTION: DW / MG (3-0)
Endorsed the proposal and recommended the required legislation and Comprehensive Plan
Amendments be referred to the Planning Board.
309
City Commission Memorandum
Report of Land Use & Development Commiltee Meeting of July 9, 2014
Page 4 of 4
8. AN ORDINANCE RELATED TO CHANGES TO SETBACKS FOR INTERNAL
DRIVEWAYS, USE STANDARDS FOR CERTAIN HOTELS IN THE MR-2 ZONE,
SETBACKS FOR CERTAIN BUILDINGS WITHIN 250 FEET OF NORTH SHORE
OPEN SPACE PARK, THE STANDARDS FOR GARAGES PROVIDING PUBLIC
PARKING WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK.
(REQUESTED BY DEEDE WEITHORN
JUNE 1{. 2014 GITY COMMISSION MEETING, ITEM C4K)
AFTER-ACTION:
Thomas Mooney provided an overview and summary of the item.
Graham Penn, Attorney for the owner & developer of the adjacent private land, addressed
the Committee.
MOTION: DW / MG (3-0)
Endorsed the proposal and recommended the required legislation be referred to the
Planning Board.
9. DISCUSSION REGARDING THE PROPOSAL FOR THE PARTIAL TRAFFIC
CLOSURE AND MASTER PLANNING OF OCEAN DRIVE.
(REQUESTED BY CITY GOMMTSSION
JUNE 1{. 2014 CITY COMMISSION MEETING, ITEM RgH)
AFTER.ACTION:
Joe Jimenez provided an overview and summary of the item.
Marlo Courtney, Frank DelVecchio and Jo Manning addressed the Committee.
MOTION: MG / DW (3-0)
Endorsed the proposal and referred to the City Commission with the following
recommendations:
1. To further study the expansion of the sidewalk on the east side of Ocean Drive;
2. The filing of an application for Historic Preservation Board approval;
3. The inclusion of the project in the Capital Budget for FY 2015; and
4. Any additional Ordinance Amendments that may be necessary for sidewalk caf6
operations.
10. DISCUSSION: RECOIIIMENDATION FOR A REFERRAL TO A FUTURE LAND USE
AND DEVELOPMENT COMMITTEE MEETING
MOTION: MG / JM (3-0)
Recommend that the City Commission refer the following to the Land Use Committee:
Discussion: Proposed amendments to the City Code pertaining to:
1. Alcoholic Beverage Establishments (Chapter 6)
2. Requirements for determining the size and square footage of "Accessory Uses"
in relation to the main permitted use.
3. The clarification of threshold standards for Neighborhood !mpact
Establishments.
The Meeting Adjourned at 12:45 PM
Attachment
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m1$cmb\ccupdates\land use and development committee\2o14\uly 9, 2014\report of the ludc meeting of july 9, 2014.docx
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OFFICE OF THE CIry MANAGER
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
COMMISSION MEMCRANDUM
SUBJECT: REPORT OF THE NEIGHB oMMUNTTY AFFATRS COMMTTTEE (NCAC)
THAT WAS HELD ON FRIDAY, MAY 30,2014
A meeting of the Neighborhood/Community Affairs Committee was held on Friday, May 30, 2014 at
3:00pm in the Commission Chamber, 3'd Floor of City Hall. Commissioners in attendance:
Commissioners Micky Steinberg, Joy Malakoff and Ed Tobin. Members from the Administration and
the public were also in attendance. Please see the attached sign-in sheet.
The agenda for the meeting is as follows.
otp Busr/vEss
1. Discussion Regarding The Renaming Of The Scott Rakow Youth Center lce Skating
Rink ln Memory Of Barbara Medina. 3:02pm
Commission ltem R9A, April 9,2014
(Requested by Commissioner Malakoff)
John Rebar, Parks and Recreation Director presented the item.
John Rebar- Read a letter giving a brief history of Barbara Medina.
Commissioner Malakoff- Stated that she knew Barbara personally and her passion and commitment
to the ice skating program and to Miami Beach always showed through.
Laine Unger (resident) spoke.
Alex Medina (resident) spoke.
MOTION: by Commissioner Malakoff to approve the renaming of the Scott Rakow Youth Center and
move it to Commission with positive recommendation.
Seconded by Commissioner Steinberg.
2. Discussion Regarding A Maintenance
And Possibly Appointing A Dedicated
3:18pm
Commission ltem C4H, October 16,2013
(Requested by Commissioner Tobin)
Eric Carpenter, Public Works Director presented
Plan Along The 41st Street Business Gorridor
Liaison To The Corridor (Like Lincoln Road).
the item.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities,
review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305-673-721t
initiate your request. TTY users may also call 7'l'l (Florida Relay Service).
iia,r ic a:ar!rrTi,r-rr ri,
Aoenda ttem COC
Date 7A3'/u313
41't Street currently falls under the jurisdiction of the Florida Department of Transportation (FDOT).
Subsequently, drainage systems, street lighting, sidewalks and road surface are owned and
maintained by FDOT. ln addition, there are several City departments and divisions providing services
to the corridor, including constituent requests or concerns, which are handled by their designee. The
City's Sanitation Division performs litter patrol on 41't Street and the side streets seven days a week
and the alley areas are swept twice per week. Trash receptacles are emptied out seven days a week
via the City's franchise waste haulers. The Green Space Management Division trims bushes and
trees on a regular basis and removes palm fronds in swales and gutter areas. The Property
Management Division oversees the contract for rodent control and directs bait stations to be placed
at strategic locations. The Code Compliance Department is responsible to ensure that City code is
being adhered to. They monitor dumpsters and trash rooms periodically, and issue violations as
needed. Many of the violations cited are for dumpster overflows dumpsters, trash and debris
associated with garbage removal. There have been discussions related to assigning someone to
oversee the overall responsibilities of the City for the 41't Street corridor, as well as monitoring and
directing service requests on a routine basis. ldeally, this individual would also act as a liaison
between area's business owners and the various Departments and service providers.
Commissioner Tobin-lnquired who the 41't Street Corridor Liaison would be.
Eric Carpenter-Stated that it would be one of the operation supervisors or a senior staff member
Commissioner Tobin- Believes that this would be a positive recommendation.
Commissioner Malakoff- Stated that it is needed on 41't Street. Stated that it should not look
neglected, it is a major corridor.
DIRECTION: Commissioner Steinberg- Ask Eric Carpenter if they could come back in three
month to give a report, with information on how it is being maintained, and how often. To bring
back a comprehensive report.
Commissioner Tobin- Stated that the individual chosen to be the liaison for the 41't Street corridor
should be someone creative that would take initiative in maintaining the area.
NO ACTION TAKEN
3. Discussion Regarding The Commercial Use Of Residential Properties. 3:37pm
Commission ltem C4A, April 9,2014
(Requested by Commissioner Tobin)
Hernan Cardeno, Code Compliance Department Director & Alek Boksner, First Assistant City
Attorney presented the item.
During its April 9, 2014 meeting, the City Commission referred the request by the Administration to
refer discussion of the commercial use of residential properties and the development of parameters
to prevent the abuse of the current ordnance and its negative effect on the City's residential
neighborhoods to the Neighborhood/Community Affairs Committee (N CAC).
Over the past year, there have been increases in the number of charitable/commercial events within
residentially zoned areas, many of which have adversely impacted the neighborhoods with noise,
unruly behavior, illegal parking and traffic issues. The multi-departmental response greatly taxes city
resources. Currently, Miami Beach City Code Section 142-109 addresses the prohibition of the
commercial use of single-family homes and its limited exceptions (see Section 142-109 below).
ln response to the increasing concerns raised by residents living in these affected neighborhoods,
particularly as it relates to the unwanted consequences that arise with these events, the
Administration recommended that this subject be referred to the NCAC for discussion and
consideration of possible amendments to the current ordinance to help maintain the quality of life
residents deserve.
The current code is clear in that the commercial use of a property is prohibited. However, there are
exemptions in the code, particularly as it relates to charitable organizations. The Administration has
reason to believe that some entities are circumventing the intent and abusing the "exemption",
creating a situation where some properties have hosted three to four events within one month.
314
Commissioner Steinberg- Suggest that the last line in the conclusion should say "any''as
opposed to "a" and it should be added "a particular property to two events per year."
Commissioner Tobin- Stated that it is being taken advantage of because the City does not have
the ability to audit these events.
Commissioner Tobin- Stated that the Commission does not want to restrict events hosted for
charities, but this is directed to homes that are built primarily for events that claim it is for a
charity, but may not be.
Alek Boksner-Stated that he regretfully does not think this would have the results the City would
like it to have. lt can be limited but what has been discovered is that there is often a gate and City
officials cannot get passed the gate, thus not being able to enforce the code. Going in with police
has been problematic at times. the Commission may want to consider regulating it and having it
permitted in order to control the activities. lt is a thought not the answer. Any changes that
happen here will have to go to planning and zoning. Limiting the events will not give the intended
result. Regulating it would be best.
Commissioner Malakoff- lnquired how Administration would know when charitable organizations
are having these events.
Alek Boksner- Normally, most organizations have email blasts and social media outreach. lt is
never a surprise that a charity is having an event.
Joe Jimenez-Stated that the ones that are abusing these privileges are the ones that want to
make money and the only way to make money is to advertise it. By limiting the number it is easier
to regulate. Administration believes that a limit is good because the organizations do give
Administration ample warning.
Commissioner Malakoff- lnquired if the ordinance has to change in order to say it can only be two
events per single family home.
Joe Jimenez- Stated that the regulation can also be based by the size of the event. There is a
difference between a party home and a house that is hosting a legitimate event.
Alek Boksner- Stated that it is important to take into consideration that the ordinance does have
exemptions. Something that needs to be asked is if Commission really wants to regulate what
happens in single family homes and to mandate that anyone that is having any type of event is
required to come to the City and fill out a permit and the appropriate papenrvork. Stated that this
item does have to go to the Planning Board no matter the change.
Commissioner Malakoff-lnquired if the Planning Board agreed that two events are allowed per
year at a single family home, if these properties want to have more the owners would have to
come to the City in order to receive a permit and have police present at every event that has
surpassed the two allowed. This would allow for most residents to have a charitable party.
Alek Boksner- Stated that in order to not discriminate, if the Commission wants to move forward
with allowing two per year, then this would be something that would have to be implemented
uniformly to everyone
Commissioner Malakoff- Stated that anything beyond the two would require a permit and a police
presence.
Alek Boksner- Agreed that this would be a good way to approach the issue. Essentially, the City
would be allowing two freebies, and anything after that would require the necessary permits.
Commissioners Tobin- Stated that what the Commission is looking to do is draft something that
will help answer questions from the Commission. Seek injunction for these homes that continue
to violate the code. Stated that what he is interested in doing is not having this conversation every
year.
Alek Boksner- Stated that he will create legislation and allow law enforcement to go in forcefully.
MOTION: by Commissioner Tobin to bring it back to NCAC in 60 days with Administration's
changes to the ordinance to better enforces the ongoing issue of party houses, without destroying
those who legitimately through charitable events.
Eric Zichella, representative of P3 Management (spoke).
Rick Kendall (resident) spoke.
Seconded by Commissioner Malakoff.
NEW BUSINESS
315
4. Discussion Regarding The lmplementation Of A Memorial Plaque Program. 3:57pm
Commission ltem C4A, April 23,2014
(Requested by Commissioner Weithorn)
John Rebar, Parks and Recreation Director presented the item.
Please add a discussion item to the next Neighborhood/Community Affairs Committee agenda
scheduled for May 30,2014, regarding the implementation of a Memorial Plaque Parks Program. The
item was referred at the April 23rd Commission meeting. A memorial plaque program will enable
residents to purchase a memorial plaque to honor the loss of a loved one. The funds will go directly
into a Parks Memorial Trust. This program has the potential to increase revenue for our
neighborhood parks and extensive recreational programs.
The program we envision will create a source of private funding through direct financial giving and
community involvement. lt is not intended to rename any park or structure, but to provide an outlet for
residents to help the city preserve its parks and recreational programs. At this time, the Parks and
Recreation Department does not have a memorial plaque program and receives many requests from
residents to purchase memorial plaques to place in a city park on either a bench or a tree.
Commissioner Tobin- lnquired what the memorial plaque program would look like.
Commissioner Malakoff-Stated that she feels that this would be the commercialization of City parks.
Commissioner Malakoff- Asked John Rebar if there have been many requests.
John Rebar-Stated that he has only received one request for South Pointe Park since he started as
Parks and Recreation Director. However, staff has informed him that overthe years there have been
several requests.
Commissioner Malakoff-Stated that it could be a possibility to have a brick paver program.
Sheryl Gold- resident spoke.
Commissioner Tobin- Believes that Sheryl makes a good point, but is afraid that it will become
commercialized.
Commissioner Malakoff- Stated that Sheryl is absolutely correct; the City needs more shade trees.
Stated that if people were willing to payfor a beautiful tree and able to honorthem with a brick in their
name somewhere close by she would certainly consider it.
Rick Kendall (resident) spoke.
Ron Starkman (resident) spoke.
DtRECTION: Commissioner Steinberg- Stated that this item should come back at a later date with
options for the memorial plaque program.
Commissioner Malakoff- Stated that she does not feel we should be commercializing the City parks.
NO ACTION TO BE TAKEN
5. Discussion Regarding ResidentialParking Zone 12 WaverlyAnd Grand Flamingo Pilot
Program.4:07pm
Commission ltem C4F, April 23,2014
(Requested by Commissioner Malakoff)
Saul Frances, Parking Director presented the item.
On April 23, 2014, the Mayor and Commission approved a referral to the Neighborhoods and
Community Affairs Committee (ltem No. C4F), to discuss Residential Parking Zone 12 and the
Waverly/Grand Flamingo Pilot Program. Restricted Residential Parking PermitZone lZlUpper West
Avenue was approved by the Mayor and Commission on February 25, 2004, at the request of
residents of Upper West
Avenue (13th Streetto Dade Boulevard). However, RM-3 (Residential - High lntensity) properties
were not allowed to participate due to the following:
. Properties in the RM-3 district provide off-street parking for their residents/tenants.
316
Many of the properties in zoning districts with less intensity have little to no off-street parking
and those residents rely almost solely on curbside parking.
. Allowing RM-3 zoned properties, including the Waverly and Grand Flamingo, would usurp
most, if not all, of the on-street parking in the neighborhood. This is primarily attributed to the
fact that these properties have monthly parking rates for their residents/tenants that range
between $100 and $150. Zone 12 has an annual permit fee of $50.00, an obvious incentive
for residents of RM-3 zoned properties to participate in the program.
Shortly after the establishment of Zone 12, a number of residents from both the Waverly and
Grand Flamingo challenged the exemption of RM-3 zoned properties from the program. Their
challenge was based on the financial burden of the monthly parking rate at their respective RM-3
zoned properties. At the time, Commissioner Saul Gross championed their cause and fifty (50)
residential slots were made available for residents of the Waverly and Grand Flamingo, as a pilot
program. The pilot program was anticipated to dissolve upon having no demand from residents from
the referenced properties. To date, demand continues for these residential slots. ln fact, there are
currently 61 residents of the Waverly and Grand Flamingo on a waiting list for these slots.
Commissioner Malakoff- lnquired if parking on sight is required by the developers.
Saul Frances- Stated that the main concern was from a financial burden standpoint. Those spaces
bring in a significant amount of revenue a month.
Commissioner Malakoff-How much do residents pay a year?
Saul Frances- Stated that it is $50.00 a yeat.
Commissioner Steinberg- lnquired how many spaces are in the area total, and how many issued
permits.
Saul Frances- Stated that there are 200-300 spaces in this parking zone. lt is on a first come first
serve basis. There are more permits that spaces issued. The point of the program is to exclude those
that are not residents.
Commissioner Tobin- Stated that the community at large ends up subsidizing so others have an
advantage. Believes that if a resident is living at the Flamingo or at the Waverly then they are going
to have to pay for onsite parking. lf you are a resident in that building than it coincides with the unit.
Does not believe it is our responsibility to subsidize this.
Commissioner Malakoff- Agrees with Commissioner Tobin.
Commissioner Steinberg- Stated that it seems as though the City is overcapacity for these parking
spaces.
Saul Frances- One option would be to close the list, and those that have permits overtime will end up
moving, or relocating and not use the permit. Or those that have current permits, the City could
remove their permits.
Commissioner Malakoff- lnquired when the permits are renewed.
Saul Frances- Stated it is on an annual or semi-annual basis.
MOTION: by Commissioner Malakoff- Stated that at the next renewal, residents should be informed
that the permit will only be valid for the next six months, and from there on they will have to make
arrangements with their landlord.
Saul Frances- The waiting list is specifically for those 50 spots.
NO SECOND MOTION DIES.
MOTION: by Commissioner Malakoff to remove the waiting list and continue it with the people that
currently have a permit until they move away.
Commissioner Tobin- lnquired if people that already have spots were excluded.
Saul Frances-Stated that no, the residents are able to purchase a residential spot even if they have a
parking spot in their building.
Christine Flores (resident) spoke.
Seconded by Commissioner Tobin.
6. Discussion Regarding Policies For Use Of Beachfront Parking Lots. 3:24pm
Commission ltem CAK, April 23,2014
(Requested by Parking Department)
317
Saul Frances, Parking Director presented the item.
The City has various surface parking lots located either across from or along beachfront property.
Currently, utilization of most of these facilities are near or at capacity at peak times due to demand
generated by employees and/or patrons of nearby hotels and restaurants.
This substantially diminishes parking opportunities for residents and the public at-large seeking
parking opportunities to enjoy recreational activities, including beaches, parks, and beach walk,
boardwalk, to name a few.
. Municipal Parking Lot P2, located at Ocean Drive and South Pointe Drive.
. Municipal Parking Lot P49, located on 21st Street and Collins Avenue.
. Municipal Parking Lot P55, located at27st Street and Collins Avenue (west side).
. Municipal Parking Lot P71, located at 46th Street and Collins Avenue.
. Municipal Parking LotPT2,located at 53rd Street and Collins Avenue.
. Municipal Parking Lot P1 06, located at 75th Street and Collins Avenue.
The Administration is exploring opportunities to alleviate the demand on these lots and has identified
potential options including:
. Eliminating monthly parking permits which are at a discounted rate for these lots.
. ldentifying alternative locations for employee parking with coordinated shuttle service provided by
employers, e.g. developing a parking garage at42nd Street between
Prairie and Royal Palm Avenues, with shuttle service provided by hotels and other businesses.
Please note that preliminary conversations with the hotel industry have indicated a potential
willingness to participate in such a model.
The development of certain beachfront parking lots has the potential to substantially increase parking
inventory for those areas. This may be accomplished with minimal impact to view corridors through
height restriction and design elements for the structure.
Kathie Brooks-Stated that the hotel industry has indicated the potential to work with us in
implementing a shuttle service for those employees.
Commissioner Malakoff- lnquired what type oiutilization does the City have currently at lhe 42nd
garage.
Saul Frances- Stated that it is getting used frequently due to construction, construction workers, and
employees of the 41't Street cooridor.
Commissioner Malakoff-lnquired if the 42 Street garage is a possibility for the shuttle service to and
from or is this location used to a high capacity for residents and employees.
Saul Frances - The lot adjacent to the 42nd Street garage, in between Royal Palm and Prairie, is the
one that Administration believes would sever the shuttle service best. To answer Commissioner
Malakoff's question, yes,42nd Street garage does have some downtime between constructions, but it
does get very well utilized as construction resumes.
Commissioner Tobin- Stated that he wants to ensure that Miami Beach residents always have
beachfront parking spaces. Hotels have to make arrangements for their employees. Primarily the
concern is how the City can ensure that a resident that wants to come to the beach has parking.
Saul Frances- Stated that there are a couple of different ways that this can be achieved. The first
would be to relocate the existing employee with municipal parking decals to alternate locations. Also,
the flat rate for nonresidents can be increased to further discourage the use of beachfront parking
lots.
Commissioner Steinberg- lnquired if the City has looked at a tier rate system.
Saul Frances-Stated that when it is not attended it is a metered lot. When it is attended,
predominately during peek hours, the rates are $20.00 flat rate for nonresidents and a $6.00 flat rate
for residents.
Kathie Brooks- Clarified that when Saul Frances is referring to municipal permits that is a discounted
rate.318
Commissioner Tobin- Stated that he would like to leave the meeting with a solution to the beachfront
parking issue. Stated that he would like Saul Frances to take a moment and think of ideas on how to
solve this issue, and after a few other items have been heard, the committee will return to this item to
discuss a possible resolution.
Saul Frances- Stated that this is not a problem.
Seth Kandinsky (resident) spoke.
Commissioner Steinberg-Stated that if Administration is looking to develop sights for parking,
Administration should maybe look into giving it a clubhouse feel in order to make it something special
for our residents. Adding a recreational center or some amenities would attract residents to utilize the
space.
Commissioner Tobin- Stated that he agreed with Commissioner Steinberg on this idea. lt would be a
good idea to keep the options open.
Rick Kendall (resident) spoke.
Saul Frances- Stated that if the Commission would like to give direction on pursuing 26th Street and
Collins as a possible sight, that is something that can begin immediately.
Commissioner Tobin- Stated that the only direction the Commissioner is going to give at this point is
to think about it and bring back options.
Saul Frances - Recommended a two prong approach, first would be to relocate existing permit
holders and transition them out of the lot, this could be done by a phasing program. lf this is still an
issue, Administration can revisit the option of increasing the rates for nonresidents.
Commissioner Tobin- Stated that some cars have all day stickers. Some employees are willing to pay
the $8.00 an hour rate.
Saul Frances- Stated that this is where the increased rate option would have a deterring effect
Commissioner Tobin-lnquired how Administration could ensure that rates are being implemented
correctly?
Saul Frances-Stated that the City has placed attendants on weekends, and if they need to place
attendants during the week that is something Administration could look into.
Commissioner Tobin-lnquired if the attendant would be the one checking driver's license in order to
ensure that they are Miami Beach residents. The question that arises is how the City can be sure the
attendant does not give a discounted rate to a nonresident.
Saul Frances- Stated that they would ask the attendant to write down the driver's address, and
license plate number of the resident.
Commissioner Tobin- Stated that prong number two seems the easiest to implement.
Saul Frances-Stated that this approach would require two readings in orderto amend an ordinance.
Commissioner Tobin- Stated that the committee would recommend both.
MOTTON: by Commissioner Malakoff to move the two prong, which would include relocating the
existing permit holders under a phasing program and then increasing the rates for non-residents
approach to the July Commission meeting with positive recommendation.
Commissioner Tobin- Agreed with Mr. Kendall stated that Mr. Kendall has a good point, the further
away the parking the better. lf the City decides to rebuild 42 street maybe there is something further
away towards l-95 instead
Seconded by Commissioner Tobin.
7. Presentation Regarding Workforce Housing By The Pinnacle Group. 4:21pm
Commission ltem C4P, April 23,2014
(Requested by Commissioner Grieco)
Maria Ruiz, Community Services Director presented the item.
Workforce housing refers to affordable housing intended for use by households comprised of
employed members who live or desire to live in reasonable proximity to their workplace. Affordable
housing, by definition, is any housing whose inhabitants pay no more than 30% of their household
income for utilities and rent or mortgage for their residence.
Housing accessibility is a vital component in a community's abilityto retain its workforce. According to
an April14, 2014 article in The New York Times, the greater Miami area is one of the most expensive
in the nation for renters. The typical household expends 43% of its household income to cover its
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housing costs. Further, the Center for Housing Policy reports that ours is "the most expensive
metropolitan area in the country when housing and transportation costs were combined."
While the median rent in the City has risen from $603 per month in 1990 to $958 in 2010,
representing a 58 percent increase in one generation, the number of renter-occupied units has
decreased. According to data provided by the Office of Tourism, Culture and Economic
Development, renter-occupied units fell from 35,238 in 1990 to 28,974 in 2010.
United States Department of Housing and Urban Development (HUD)funds can be used to provide
services to households earning up to 120 percent of the Area Median lncome (AMl) of $57,700 for
the Greater Miami- Miami Beach- Kendall area. While these funds can be used if available and
appropriate, the funding trend continues to show overall reductions year after year. As of this writing,
the City expects to receive up to $ 1 million for capital/housing projects inFY 2014115. ln addition, it
should be noted that there has been discussion from HUD for several months regarding a fourth
round of Neighborhood Stabilization Program (NSP)funds. While this funding is not assured, the City
has benefitted from these funds in the past.
The South Florida area has quite a few affordable housing developers in addition to the Related
Group, including, but not limited to, Pinnacle Housing Group, Carrfour Supportive Housing, Peninsula
Developers, and Cornerstone Group, to name a few. As communities explore the development of
workforce housing, several factors are typically considered including:
. Workforce being served {oftentimes focusing on employees essential to the local
economy, i.e. service industry or public sector personnel);
. Affordability (ensuring that housing costs are a reasonable percentage of the
median wages of those intended to be served- typically 30%);
. Proximity (the distance between the employment opportunities and the available
housing); and
. Quality and supply (the number of units made available and amenities provided
should reflect the needs of the targeted residents, i.e. access to quality child care
and access to high-performing public schools if families are being targeted).
Communities often look at additional factors such as accessibility and promotion of public
transportation to minimize traffic congestion while improving housing affordability and the inclusion of
other public services. Our community's geographic and infrastructure limitations will require creative
approaches to increasing the availability of affordable workforce housing including the exploration of
mixed use developments and the use multiple funding sources. The City is prepared to explore
opportunities for sustainable development in collaboration with experienced, fiscally capable
developers.
Commissioner Tobin- Stated that he feels the City does not need workforce housing. lf the Citywants
to attract those that make minimum-wage than this is something that the City should look at, but for
those that make about $50,000 a year should not participate in workforce housing.
Commissioner Malakoff-Stated that the City does not provide proper housing available for teachers
and city employees with families. There are plenty of single room apartments, but if an employee of
the City has children and they need 2 or 3 bedrooms there is nothing available in Miami Beach.
Stated that it would be great if Miami Beach teachers, police officers, and Firefighters were able to
live in the City. An affordable rent for 2 and 3 bedroom apartments on Miami Beach is impossible to
find.
Michael Whol & Jennifer Chester (representative of the Pinnacle Group presented) presented a
handout to the Commissioners.
Commissioner Tobin-Wanted to clarify the purpose of this presentation today. Stated that the
objective from the Pinnacle group is forAdministration to pursue workforce housing. Stated that if the
Commissioner present would agree with taking a vote of sentiment to direct the Admiration to pursue
workforce housing and thus allowing Administration to further investigate what would be best for the
City.
Maria Ruiz- Stated that the biggest issue is that Administration needs direction to narrow down the
spectrum in order to do what the commission desires. There are different factors that would affect the320
housing Administration would build. ln order for Administration to pursue workforce housing,
additional clarification is needed in order to tailor to the City's unique community.
Michael Whol (representative of the Pinnacle Group) spoke.
Maria Ruiz- Stated that the Commission has the opportunity to master plan workforce housing in a
broader scale. This workforce housing building could have a mix use allowing for less traffic in
neighborhoods in building into the overall master plan for the City.
Commissioner Tobin- Stated that he has even considered giving exceptional teachers a housing
stipend.
Maria Ruiz-Stated a factor in regards to targeting young teachers at the beginning of their career is
their future plans to start a family. There are also second generation households, where families are
going to want their grandparents living in the same house and then looking down the road when
these individuals retire, would this be a house they could afford to maintain. This workforce housing
would create a project that can factor in all those needs.
Commissioner Tobin- Stated that the federal guidelines regarding affordable house are broad
around the country, but in Miami Beach affordable housing is not far away. lt is very practical for a
City employee to drive 15-20 minutes every day in order to get to their job.
Commissioner Malakoff- lnquired what the upper guideline is.
Maria Ruiz- Stated that it is 140% if referring to federal funds, but other cities across the countrytake
that percentage even higher. For example, when Aspen was creating workforce housing, the citytook
into account critical positions that a community would need. lt would come down to what the City's
economic needs are. This would support the City's economy while providing affordable housing.
Commissioner Tobin-Stated that this would be the time for public comment.
Rick Kendall (resident) spoke.
Commissioner Malakoff-Stated that the City could use air rights over municipal buildings. For
example, using a librarythe City could put a workforce housing building on top of a librarythat is only
two stories high. lnquired if this would work.
Rick Kendall- Stated that most people want good schools for their children and in North Beach the
City does not have good schools; that is something to take into consideration.
Maria Ruiz- Stated the City is in a very unique situation. When a city raises the income of the people
that live in a specific area, the schools become better. By starting the education compact the next
side of it is improving the quality of life.
Dennis Russ (resident) spoke.
Commissioner Malakoff- Stated that she believes this is very important for the City of Miami Beach.
fhe area median income has to be much greaterthan 60% or70o/o, she would like Administration to
target certain employees, teachers, nurses, people whose income maybe $50,000 or $60,000 it's not
just what the person owns, but it is the family as a whole. lt may be beneficial for the City to look at
higher incomes. lnquired what is the highest percentage of income that can be used.
Maria Ruiz- Stated that it all depended on the different funding sources. lf there is a private/public
partnership that can change the perimeters of the income.
Commissioner Malakoff- Stated that she needs more information. The idea of workforce housing in
Miami Beach is very important. lnquired if Maria could do more research and come back to the
committee with concrete suggestions.
MOTION: by Commissioner Malakoff to come back to the Committee with concrete suggestions in
September.
Kathie Brooks-Stated that with the direction the Commissioners has given, Administration can do
additional research on the target area for workforce housing. Stated that Administration would like to
target families as opposed to single individuals.
Commissioner Malakoff- Agreed that the City should target families for workforce housing.
Maria Ruiz- lnquired in regards to the funding structure, the Commissionerwould like Administration
to look at as many options as possible in order to provide the Commission a comprehensive report
on what each funding structure can offer.
Commissioner Malakoff- Stated that yes; bring as many options as possible.
Commissioner Tobin-Stated that due to the cost of real estate on Miami Beach, there are people that
earn minimum wage that the City could not accommodate to.
Seconded by Commissioner Tobin.
Commissioner Steinberg- Stated that if the City does move forward with this it will have to go out to
bid.
Maria Ruiz-lnquired what location the Commissioner would like to look into.321
Commissioner Steinberg- lnquired if it was possible to see the breakdown in different parts
Kathie Brooks-Stated that administration could bring back a comprehensive analysis of what the
needs are in different neighborhoods.
Maria Ruiz-lnquired about the time frame the Commissioners would like.
Commissioner Tobin- lnformed Maria it is up to her discretion.
Maria- Stated that she would like at least 60 days to do an adequate analysis.
Commissioner Tobin- Stated that August is a recess, if September would work.
Maria-Stated that 90 days will work.
8. An Evaluation Of The Calendar Of Events Of The Gity And The lmpact On Quality Of
Life.4:56pm
Commission ltem C4C, April 23,2014
(Requested by Office of the City Manager)
Max Sklar, Tourism, Culture, and Economic Development Director presented the item.
The City hosts a wide variety of special events that enrich the community for both visitors and
residents. To mitigate the ever-increasing demands made upon City resources, infrastructure and
residents quality of life, applicants are required to present proposed special event activities to
potentially impacted neighborhood associations and appropriate City departments to ensure that
these events are compatible with the surrounding neighborhoods. This process assists in evaluating
and assessing the City's resources to adequately protect the public safety, health and welfare of the
community in terms of personnel and use of public property and right-of-ways'
The intent of the Special Event Ordinance and the Special Events Requirements and Guidelines is:
. To insure the City will have adequate advance notice of a proposed special event and the
cooperation of the organizers to adequately plan City services (such as security, sanitation,
parking, and traffic control)that may be required for such an event.. To insure that the City's beaches, parks, and public right-of-ways are protected and
conserved, by limiting the number and type of events held in these areas; and
. To preserve the City's commitment to attract quality events with significant cultural and
entertainment enrichment for the community at-large.
. To preserve, in so much as possible, the quality of life of the City's residents.
Attached is an excerpt from the City's Special Events Requirements and Guidelines with the
criteria used for granting special event permits.
The Administration could develop additional criteria thatwould help address some of the qualityof life
impacts if the Committee desires.
ln considering this information there is also a need to consider the impacts of right-of-way
construction on events and quality of life, specifically traffic. As you know, Alton Road and Collins
Avenue construction continue and the Venetian Causeway is expected to close for six (6) months
toward the end of the calendar year when the majority of events are scheduled to occur.
Commissioner Tobin- Stated that this type
Retreats. Does not feel that something so
Commissioners on this Committee.
of matter should be brought up a the Commission
important should just be discussed with the three
Commissioner Steinberg- Agreed that this is an important conversation that the Commission should
have.
Max Sklar- Stated that some very good points have been raised. There is the question of how to deal
with local events as opposed to national and even international events, which ones are more
important, and how do others view the City by the way it is limiting events. There are a lot of factors
that need to be taken into account. Stated that he does not have a problem bringing this up at the
next Commission retreat if that is the desire of the Committee.
Bruce (resident) spoke.
Commissioner Malakoff- Stated that an issue these events have is how they are arranged. lt
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becomes a problem when there are two events going on at the same time.
Frankie Ruiz- spoke.
Max Sklar- lnquired if this is an item that the Commissioners would like on their retreat agenda.
All commissioners agreed.
NO ACTION TAKEN.
9. Discussion Regarding The Hertz 2417 Car Sharing Agreement. 5:49pm
Commission ltem C4M, April 23,2014
(Requested by the Parking Department)
Saul Frances, Parking Department Director presented the item.
Car sharing is another environmentally friendly program, similar in concept to the bicycle sharing
program that allows users to rent vehicles by the hour. Car sharing discourages the need to own an
automobile which has numerous benefits to the user as well as the environment.
"Hertz" 2417 is the City's car sharing service provider. Hertz has an Agreement with the City for a five
yearterm which commenced on January24,2012, and expires on January 23,2017,and onefive (5)
year renewal option, at the sole discretion of the City. The agreement calls for a graduating
deployment of vehicles at each of the City's garages, up to a maximum of 100 vehicles. Currently,
Hertz is in compliance with their deployment schedule and has at least 35 vehicles deployed among
all municipal garages. Hertz pays a monthly parking access card fee of $75, per space, and there is a
revenue sharing provision which is triggered in Year 3 of the Agreement.
Both Hertz and the City had high expectations for utilization of the service, particularly in the denser
areas of the City; however, these expectations have not come to fruition. Pursuant to statistics
provided by Hertz 2417,forlhe calendar year 2013, there were 3,088 registered customers; a totalof
2,402 transactions; and an average usage of eight days per month. This equates to an average
monthly utilization rate of 7.680/o, a metric used by Hertz to measure usage. Hertz's own goal for
monthly utilization is 30%. Clearly, the current car sharing model provided by Hertz is neither meeting
the City's nor Hertz's expectations. To this end, on April29, 2014, Hertz provided written notification to
the Cityof theirintenttoterminatetheAgreement, onAugust 5,2014, pursuantto Section l. (d)(2)of
the Agreement, entitled, "Termination for Convenience" which requires a 90 daywritten notice (see
attached). Nevertheless, car sharing is a viable mobility alternative that should remain in the City's
arsenal of mobility options as it has been proven to be successful locally and nationally through
different business models.
The Administration is seeking guidance regarding the issuance of a Request for Proposal (RFP) or a
Request for Qualification (RFQ) for car sharing services. An RFQ is generally used for Professional
Services wherein the respondents are evaluated based solely on their qualifications. Price is not
considered until after selection is made by the agency based on qualifications. ln the case of car
sharing, the City is seeking the most qualified car sharing provider; however, price point for customer
use (citizenry) and financial return to the City are equally important.
Commissioner Tobin-Stated that this was a great idea in order to alleviate traffic congestion.
Saul Frances- lnquired if there was a desire to pursue a waivercompetitive bid to contract Cars 2 Go.
Their business model is different than the Hertz model.
Commissioner Tobin- lnquired if this is what Administration recommends.
Saul Frances- Stated that yes it is.
Commissioner Malakoff-lnquired what is the difference between the two models.
Saul-Stated that Cars 2 Go are Smartcars and operate in Miami with 240 vehicles. lt is a car sharing
program and the cars can be parked anywhere throughout the City. The cars are branded and there
is a phone application that goes with it.
Commissioner Tobin-lnquired why Administration wants to waive competitive bidding, why can't
Administration just put it out there.
Commissioner Malakoff-Stated that the Car 2 Go model would not work well in the City because
already as it is, the City is lacking parking spaces.
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Saul Frances- Stated that it would only be about 80-85 Car 2 Go vehicles. lt could also be less than
that number. The company would in addition pay the City the metered spaces used.
Commissioner Malakoff- Stated that it would be best to look at other companies, is not thrilled with
the idea of reducing parking spaces for residents.
Saul Frances- Stated he agreed, but the idea of this program is to encourage residents not to buy or
use their cars.
Kathie Brooks-lnquired if Administration could bring back a competitive solicitation.
Commissioner Steinberg- lnquired if Administration is taking into account how many users and cars.
Saul Frances-Sated that yes, the utilization of Hertz is very low.
MOTION: by Commissioner Tobin to bring a competitive solicitation and send it to the July
Commission Meeting.
Seconded by Commissioner Malakoff.
Commissioner Malakoff- Stated that the bid needs to include how the company is going to educate
the public that this is an alternative mode of transportation.
Saul Frances-Stated that yes that will be included as a component of the RFP.
10. Discussion Regarding Special Events Programming At The North Beach Bandhsell As
It Relates To Noise. 6:03pm
Commission ltem C4D, May 21,2014
(Requested by the Parks & Recreation Department)
John Rebar, Parks and Recreation Director presented the item.
Chapter 12, Article ll entitled, Special Events, of the City Code provides the City Manager or his/her
designee with the authority to issue. modify or revoke permits for special events. Section 12-5.(8),
authorizes the City Manager or his/her designee to issue a permit that authorizes a special event in
conflict with Chapter 46, Article lV, of the Code, or other applicable noise ordinance, only where the
applicant has met all of the City's requirements for obtaining a permit as prescribed and when the
specialevent cannot be performed in compliance with the applicable noise ordinance. Such a permit
must specify the precise manner by which the noise ordinance may be exceeded, by what duration,
and at what locations. The City Manager, or designee, is authorized to modify or revoke any such
permit at his sole discretion.
The following describes the current process:
. A letter of request from the renter is sent to the Parks and Recreation Director requesting a noise
exemption.
. The renter must also send letters to the two neighboring condo associations informing them of the
upcoming event and their request for a noise exemption.
. Parks and Recreation prepares a memo to the City Manager or designee requesting the exemption
with all attached letters.
. The City Manager or designee approves or denies exemption.
With the recent concerns raised by neighboring residents of the North Beach Bandshell, I have
advised staff that I would be scrutinizing any such requests more closely. ln addition, all requests
must now include specific event information, such as:
Type of event
Time of noise
Type of amplified sound - band, OJ, etc.
Type of instruments to be used
What the community benefit would be
This information is also being included to any notification letters that are distributed to the
neighboring condo associations.
Live music events at the North Beach Bandshell are often louder than ambient music and can be
heard at a distance. On a typical year, approximately six to eight noise exemptions are processed.
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Since the North Beach Blue Ribbon Committee has strongly advocated for greater programming of
the Band Shell, a discussion regarding the types of events and the noise issue is appropriate.
Jeff Oris- Stated that a number of things are starting to happen in North Beach. The Bandshell keeps
becoming a central theme and residents in the area are concerned with keeping the Bandshell
activated. With the RFP that is coming up, Administration will have a little more central control of what
takes place in the Bandshell. Once the management company of the Bandshell is setup, the City can
then look at purchasing a sound system for the Bandshell, as it is right now the groups that rent out
the space bring their own sound systems.
Commissioner Malakoff- lnquired if there is any way of keeping the noise from traveling.
Jeff Oris-Stated that there is the possibility of bringing someone to explain the possibilities of keep
the noise from traveling. Stated that it is his understanding that the noise issue is due to the way the
Bandshell was designed. However, if there is a central sound system installed in the Bandshell, there
could be a way to direct the sound to a certain location. Stated that it is something Administration has
not investigated yet, however once there is more centralized control it is a possibility to look into.
Commissioner Tobin- lnquired what Jeff Oris envisions 72no Street, north 75'n Street to be.
Jeff Oris-Stated that the public has told Administration that they want a lot of activities based around
the Bandshell and that there is a thriving commercial district.
Commissioner Tobin- it seems to me that to have a viable commercial district and places to eat and
shop does not necessarily mean there needs to be a Bandshell for music. Stated that it is not just
about activating North Beach, but about having a clear direction for this area. The Bandshell may not
be activating in the way we want to activate it. Stated that he wants to ensure that Jeff Oris knows
what his objective is, and whether or not activating the Bandshell falls into that objective.
Jeff Oris-Stated that the public did say at public meetings that they wanted to have more activities at
the Bandshell. Stated that the Bandshell brings more entertainment opportunities to the community.
Commissioner Tobin- Stated that for years there were events at the Bandshell and no one went.
Jeff Oris-stated that one of the main reasons for the RFP is to have someone to program the
Bandshell. Administration would be able to guide as to what types of programing should be held at
the Bandshell.
Commissioner Malakoff-Stated that there wonderful dance programs, classical music, etc. that could
be done at the Bandshell. There are other types of entertainment that I hope is looked at for the
Bandshell.
Jeff Oris- Stated that one of the key items has been that the Bandshell is what makes North Beach
unique and that is what we should use to market the North Beach area.
Kathie Brooks- Stated that Administration brought this item in orderto have direction on what types of
activities the Commission would like to see at the Bandshell and what hours it should be restricted
from operating.
Commissioner Tobin-Stated that there needs to be a focus on the objective.
Rick Kendall (resident) spoke.
Commissioner Malakoff-Agrees that music should stop at 11pm.
Commissioner Tobin- Stated that he would like Jeff Oris to take the target person that he would like
to see walking down the street in North Beach and figure out what type of event that type of person
would enjoy.
Commissioner Malakoff- Stated that these types of events should attract residents and visitors to go
to the Bandshell. The type of residents and visitors that you want to attend these events would be the
type that would walk down Collins Avenue and stop at the shops and restaurants. lnquired what type
of event at the Bandshell would attract this type of demographic. Stated that dance programs and
Shakespeare in the park would attract people.
Jeff Oris- Stated that Miami Beach unplugged is ready to go. That would do well at the Bandshell.
Laura Quinline (resident) spoke.
John Rebar- Stated that Administration needs direction.
Commissioner Malakoff-Stated that the types of events have been spoken about, as well as, the time
restrictions, which would be 1 1pm. The type of amplified sound has also been discussed. Types of
instruments cannot be restricted. The community benefit has also been discussed.
Luis Rodriguez (resident) spoke.
NO ACTION TAKEN.
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11. Discussion Regarding Bicyclist Safety Campaign With The Miami Beach Police
Department, Deco Bikes And Local Bicycle Rental Companies. 5:08pm
Commission ltem C4Q, February 6,2013
(Requested by Commissioner Weithorn)
Jose Gonzalez, Transportation Director
Commissioner Tobin-Stated that he would like to defer this item so Commissioner Weithorn can
be in attendance.
Kathie Brooks-Stated that this is perfectly fine.
DEFFERED to next meeting.
12. Discussion Regarding Water Taxis Proposal. 5:10pm
Commission ltem C4D, September 1 1,2014
(Requested by Max Sklar)
Jose Gonzalez, Transportation Director presented the item.
A water taxi is a watercraft used to provide public transport, usually but not always in an urban
environment. Service may be scheduled with multiple stops, operating in a similar manner to a bus,
or on demand to many locations, operating in a similar manner to a taxi. Aside from being an
attraction to tourists who enjoy the scenic route traced by the watercraft, water taxi service also has
the ability to provide an alternative to commuters traveling daily to and from Downtown Miami,
connecting various destinations in the City and on the Mainland, therefore making it an appealing
service to both residents and visitors.
The City's Marine Authority Board discussed this subject and passed a Resolution in January 2012
recommending that the City develop water transportation services within the City and to mainland
Miami for commercial and private vessels. The recommendation included development of a pier or
dock at the Lincoln Road street end with potentialfor additional sites at Sth Street, loth Street, 14"'
Street, and the Purdy Boat Ramp.
At the October 28,2013 Neighborhood and Community Affairs Committee (NCAC) meeting, the
Administration was directed to explore more the feasibility of the proposed embark/disembark
locations, gather more details, and bring back to the NCAC.
ln April 2014, the City kicked-off its Blueways Master Plan effort which encompasses the study of
improvements to water terminals in order to enhance accessibility and promote the activation of
recreational areas, especially waterfronts at public parks and street-ends. The information gathered
during the development of this master plan will help identify future locations or conflicts with existing
proposed locations.
Additionally, the City's Transportation Master Plan (TMP)anticipated to begin in June 2014will study
the connectivity between alternative modes of transportation including water taxi service.
Administration staff met with representatives from the water taxi industry in several occasions.
From these meetings, staff collected important information about the current use of the waterways.
current operational issues, ridership information and theirvision regarding future watertransportation
services. Currently, Water Taxi Miami, in partnership with lsland Queen Cruises, is transporting
approximately 300 passengers during the weekend days from Bayside to Miami Beach Marina. Most
of the passengers that use this existing service during the weekend are tourists.
Pursuant to the recommendation from the October 28,2013 NCAC meeting, City staff conducted site
inspections at the locations recommended by the Marine Authority Board. The intent of these
inspections was to evaluate the feasibility of using the sites as part of a network of stops for water
taxi passengers embarking or disembarking while considering the quick and effective connection to
points of interest and other modes of transportation.
r Miami Beach Marina
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. Lincoln Road. Purdy Boat Ramp. 5 Streeto 10 Street. 14 Street. South Pointe Park Boat Slip
At the October 28,2013 NCAC meeting, staff had recommended that, should the NCAC desire to
pursue a water concession for use of City's Right-of-Way for water taxi docking locations, the
procurement of the services would be through a Request for Proposals (RFP) process. Based on
subsequent discussions with procurement staff, in order to maximize flexibility in negotiations, it is
recommended that an lnvitation to Negotiate (lTN) would be a better approach. The ITN would
include the operation and/or oversight of transient slips, water taxis, customer care and dock use at
designated public dock location(s). The operator will be responsible to construct all slips and docking
facilities and manage same. lf the NCAC and Members of the City Commission determine the
recommendations included in the analysis herein to be in the best interest of the City, the
Administration recommends the following course of action:
1 . Conduct public meetings in the vicinity of the proposed water taxi locations to educate the
community and obtain their feedback.
2. Return to NCAC and provide feedback on the public meetings.
3. Based on the public meetings input and the analysis of the locations, should the NCAC
determine that a concession including specific locations would be advantageous to the City;
the Administration would prepare an ITN for Commission approval.
Commissioner Tobin- lnquired how Administration would measure if this is going to be an alternative
mode of transportation.
Jose Gonzalez-Stated that this is something Administration will look into, but as of right now that
information is not available. Preliminary assessments have been done in certain locations to
determine if these would be plausible sights for the water taxis.
Commissioner Tobin-lnquired what type of water taxi Administration was looking at. Whether it was a
large vessel that would be used by tourists as a sightseeing tour, or something smaller that would
only fit 2lo 3 people.
Jose Gonzalez- Stated that Administration looking at vessels that would be for commuting purposes,
nothing that carries vehicles. lt would essentially connect the mainland to various points of Miami
Beach.
Commissioner Tobin- Stated that when he thinks about a water taxi he envisions something that
would only carry 1 or 2 people, not a large vessel that can carry 20 people.
Commissioner Malakoff-Stated that in some communities, hydrofoils have been used. ls this
something Administration is looking into?
Jose Gonzalez- Stated that those types of vessels are used for very long distances. Administration
would have to research to see if that would be beneficial in this situation.
Commissioner Malakoff-lnquired if this vessel would only be for passengers and not cars; that it
would differ from the one used to go to Fisher lsland.
Jose Gonzalez- Stated that yes that is correct.
Commissioner Malakoff- lnquired where the 5th Street location would precisely be.
Jose Gonzalez- Stated that the location would be just north of the McArthur Causeway. Stated that
there are some challenges with this location due to private buildings, but it is one of the locations that
is being pursued.
Ron Starkman (resident) spoke
Commissioner Steinberg- lnquired if there would be a location for a ticket booth or restroom location.
Jose Gonzalez- Stated that Administration is not looking at it from that perspective. Administration is
only looking at these locations from a docking perspective.
Kathie Brooks- Stated that in Fort Lauderdale, where water taxis is used extensively, the locations
are merely to hop-on and hop-off.
Max Vlessing (Representative from Water Taxi Miami) spoke.
Commissioner Tobin- lnquired how many vessels Water Taxi Miami owns.
327
Max Vlessing- Stated three.
Commissioner Tobin- lnquired how many people the vessels hold.
Max Vlessing- Stated between 38 to 49.
Commissioner Tobin- Stated that it would be nice if his company were able to do a reservation
system for the residents of Miami Beach that need to go to and from work in downtown.
Max Vlessing- Stated that the company does have a reservation system.
Commissioner Tobin-Stated that Mr. Vlessing should speak to Jose Gonzalezlo implement this type
of transportation system.
David Custin (representative of Sightseeing Miami) spoke.
Commissioner Malakoff- Stated that the intent is not to have an exclusive water taxi service that is
the only one that has the right to use these docks.
David Custin (representative of Sightseeing Miami) spoke.
Commissioner Tobin- Stated that the direction is not to increase intensity but to decrease it. Stated
that he would liketo see some objective criteria regarding water taxi use.
David Custin (representative of Sightseeing Miami) spoke.
Sheryl Gold (resident) spoke.
Rick Kendall (resident) spoke.
Commissioner Malakoff- Stated that the City is not looking at this for a money making venue, but
instead as an alternative mode of transportation in order to keep the streets from becoming
congested.
Commissioner Tobin- Stated that Rick Kendall is proposing that the City focus on traditional forms of
transportation.
Rick Kendall (resident) spoke.
Jose Gonzalez- Stated that Administration is recommending to have very focused localized public
meetings regarding water taxis.
Commissioner Tobin- Stated that he would hate to have Administration waste their time with public
meetings if there is not appetite for it. lnquired what Administration would hope to gain by hosting
these public meetings.
Jose Gonzalez- Stated that Administration would like to educate the community on the benefits of a
water taxi service as an alternative mode of transportation.
Commissioner Tobin- Stated that before Administration goes into educating the public, why
Administration doesn't gather some data in order to ensure that hosting public meetings would be
beneficial.
Commissioner Malakoff-lnquired if Administration could send a surveyto the employees of the Cityof
Miami Beach that commute and inquire if they would use water taxies as a mode of transportation.
Jose Gonzalez- Stated that Administration has the information already. Administration has been
working with the South Florida Commuter Services. The only question not asked was regarding the
water taxies, but Administration will see what they can do in order to have that as a survey question.
Commissioner Malakoff- Stated that this would be the best method to use.
Kathie Brooks-Stated that the survey Jose was referring to was conducted in house for the South
Florida Commuter Services. Therefore, it would be feasible to revise it to include water taxies.
Commissioner Tobin- Suggested when there are events at the Arsht maybe Administration could do
a trial run.
Kathie Brooks-Stated that the City currently does not have docks to accommodate this trial run.
Commissioner Tobin-lnquired if it could be done at Purdy or at the South Pointe Marina. Stated that a
survey would be the best method and if it low impact to the community, Commissioner Tobin stated
he would support the idea.
MOTION: by Commissioner Malakoff to conduct a survey using the material Administration already
has on hand to find out whether or not employees that commute to work from other cities would use
water transportation as an alternative mode of transportation.
Seconded by Commissioner Tobin.
Kathie Brooks- Stated that the City conducted a survey on behalf of South Florida Commuter
Services, therefore this survey is something that can be done in house.
Commissioner Tobin- lnquired if the study comes back and says it doesn't alleviate traffic would
Administration still be interested in doing it
Commissioner Malakoff- Stated that Administration should get the survey out first before that
question is answered.
Commissioner Steinberg- lnquired where do the people that are currently being dropped off from the328
water taxies go.
Max Vlessing (Representative from Water Taxi Miami) spoke
David Custin (representative of Sightseeing Miami spoke.
Max Vlessing (Representative from Water Taxi Miami) spoke.
Commissioner Tobin-stated that the City is trying to see if this something we want to do and who it is
going to benefit. Depending on where the docking locations are will determine if a water taxi can
partner with a tour bus company. lf that is the case, the dock cannot be put in between two residential
buildings.
Max Vlessing (Representative from Water Taxi Miami) spoke
13. Discussion Regarding Bicycle Parking Locations And Adding Attractive Bike Racks
Throughout The City.
Commission ltem C4H, April 23,2014
(Requested by the Transportation Department)
Jose Gonzalez, Transportation Director
Deferred to the June meeting by Commissioner Tobin.
14. Discussion Regarding Adaptive And lnclusive Playground On Miami Beach. 5:55pm
Commission ltem C4l, May 21,2014
(Requested by Commissioner Tobin)
John Rebar, Parks and Recreation Director presented the item.
Please place on the May21st,2014 City Commission a referralto Neighborhoods/CommunityAffairs
Committee a discussion regarding Adaptive and lnclusive Playground on Miami Beach.
Sabrina Cohen (resident) spoke.
Commissioner Tobin- Stated that he does not know the difference between an inclusive and adaptive
playground.
John Rebar- Stated that there is a difference. Stated that all of the City's playgrounds are ADA
compliant. This means certain aspects of it are ADA accessible. Adaptive playgrounds would mean
that all aspects of the playground would be ADA compliant.
Commissioner Tobin- Stated that the Commission has already moved to have a handicap beach. The
discussion held that instead of having the beach in the 80s, it would be moved to the 60s, thus
allowing it to be fairly close to the park location.
Elizabeth Wheaton--stated thatAdministration has looked into 64th Streetforthe beach. ltdoes have
a lot of the facilities and parking that is lacking in 75th Street. The area will need to be permitted with
the state of Florida, but there is sufficient funding the City has for that.
Commissioner Tobin-lnquired if Administration needed any direction from the Commissioners to go
fonruard on the 64th beach.
Elizabeth Wheaton- Stated that the direction that is needed from the Commission is to approve
moving the location from 75th Street to 64th Street.
Commissioner Tobin- Directed Elizabeth to put that on the next Commission agenda.
Sabrina Cohen (resident) spoke
John Rebar- if the desire is to move forward with this, he would just need direction.
MOTION: by Commissioner Malakoff to movethis item with positive recommendation to Commission.
Seconded by Commissioner Steinberg.
DIRECTION: by Commissioner Tobin to place this item on the next Commission agenda.
15. Discussion Regarding The Continuation Of The Adopt-A-Beach Pilot Program And
Allocations Of $25,000 From 2013 Waste Hauler's Franchise Agreement. 6:23pm
Commission ltem C6B, October 16, 2013 & Commission ltem R7B, April 23,2014
(Requested by Public Works)
Elizabeth (Betsy) Wheaton, Assistant Building Director, Manager of the Environmental and
329
Sustainability Division presented the item.
At the April 17, 2013 Commission Meeting, Administration referred a discussion regarding the
continuation of the Adopt-a-Beach Pilot Program to the Neighborhood I Community Affairs
Committee (NCAC). At the April 29, 2013 NCAC meeting, the Committee made a motion to have the
Environmental Coalition of Miami and the Beaches (ECOMB) develop a letter of intent for the
continued administration of the Adopt-a-Beach program. At the September 30,2013 NCAC meeting,
the Committee asked that ECOMB revise the program model outlined in their letter of intent and
return to the NCAC at a future date. At the January 30,2014 NCAC meeting, the Committee
requested that ECOMB work with City staff to further revise the letter of intent so it provides a more
detailed description of the program and addresses the City's concerns with the sponsorship dollars
requested.
The main goals of an Adopt-a-Beach program are to create awareness about the importance of
keeping the beaches and ocean free of litter and to support the preservation of a clean, safe, and
healthy beach environment through the removal of litter. On September 9, 2009, the City Commission
adopted a resolution approving and authorizing the establishment of the Adopt-a-Beach Pilot
Program for a period not to exceed one (1 ) year. Through this program, various groups such as local
businesses, volunteer groups, and nonprofit organizations adopted a specific section of beach to
clean a minimum of four (4) times per year. The participation or sponsor fee of $200 covered the cost
of the clean-up materials and the program signage, to which a vinyl decal of the sponsoring
organization's logo was affixed. On December 9, 2009, the City signed a lease agreement with the
ECOMB for the building located at210 Second Street. Pursuant to the terms of the lease agreement
(Attachment A - Portion of ECOMB's Lease Agreement), ECOMB agreed to coordinate the City's
Adopt-a-Beach Pilot Program, whose operation and management was estimated to involve between
10 and 20 hours of staff time per week. ECOMB agreed to support this new initiative by relieving City
staff of the time associated with implementing, coordinating, and monitoring this program. However,
City staff was assigned the responsibility of coordinating with ECOMB, providing the program's
signage, collecting the sponsors fees, and purchasing all program materials.
On August 14,2013, ECOMB provided a letter of intent to completely manage and operate the
Adopla-Beach program. ECOMB proposed that the City pay ECOMB an annualfee of $20,000 "to
pay for the services of staff responsible for coordinating the Adopt-a-Beach program, a portion of
operating costs, and material costs for implementing the program". ln addition, ECOMB will collect
annual sponsorship fees of:
. $200 - non-profit organizations and/or schools;
. $500 -for-profit businesses and/or individuals; and,
. A tiered discount program will be offered for existing for-profiUindividuals that commit to a
long-term contract. For example, if a sponsor commits to a 3-year contract they will pay $200
in year one, $350 in year two, and $500 in year three.
All sponsorship proceeds would be retained by ECOMB. lt should be noted, that any changes to the
Adopt-a-Beach program will require amending ECOMB's lease agreement with the City for the 210
Second Street property. On December 11 , 2013, ECOMB provided an updated letter of intent
(Attachment B) with all updates highlighted in yellow. The updated agreement builds upon the original
agreement by adding a number of activities to make the program more efficient. ECOMB included the
following proposal additions:
. Secure a maximum of two sponsors per section;
. Require sponsors to complete a minimum of four clean-ups per year;
. Provide online reporting system for sponsors to report collection data;
. Create online system for tracking events; and,
. Conduct survey annually to evaluate program's impact
On October 24,2012, the Commission approved Amendment No. 2 to the franchisee waste hauler
Service Agreement. Per the Agreement, "on October 1 of each year during the Term, the Contractors
collectively shall pay to the City $25,000 per year, for support of environmental programs in the City330
(the time, place, and manner of such programs to be determined by the City Commission, in its sole
and reasonable discretion)".
A discussion was noted regarding the distribution of the $25,000. During the discussion,
administration recommended that a competitive process be used, as is done with other grants. A
number of Commissioners voiced reservations that the money would always go to ECOMB.
Commissioner Tobin stated that if ECOMB has been promised these funds he does not have a
problem giving the $25,000 to ECOMB for FY1 2113, his objection is to give ECOMB the money in
perpetuity. Following this discussion, Administration recommended doing a grant agreement (for
FY12l13) with stated deliverables. ln January 2013, ECOMB entered into a grant agreement with the
City in which the deliverables mirrored the terms of ECOMB's lease agreement with the City.
Funds have not been distributed for FY13114. At the April 30, 2014 Commission meeting,
Commission requested that ECOMB work with City staff to develop deliverables for receipt of the
$25,000.
The Administration recommends that the $25,000 waste hauler contribution be provided to ECOMB
for FY201 3114to be used to administerthe Adopt-a-Beach program. lt is also recommended thatfour
additional community cleanup events be included in the deliverable for receiving the grant. This will
allow ECOMB to fulfill the obligations set forth in their Lease Agreement. Administration also
recommends that the waste hauler contributions for FY2014115 be competitively bid. The above
information is provided for discussion by members of the Neighborhoods I Community Affairs
Committee.
Commissioner Tobin- lnquired how long this program has been going on.
Betsy Wheaton-Stated that it was a one year pilot program. lt started in 2010 and it went for a year,
but has not been operational since 2011.
Commissioner Tobin- lnquired if the Adopt-A-Beach program was extended.
Luis Rodriguez (Representative of ECOMB)said no, it was not extended; the lease on the property
was renewed.
Commissioner Tobin- Stated that he thought the reason the program was unsuccessful was because
of a lack of participation, not because it was the City's fault.
Betsy Wheaton- last year we asked ECOMB to fill a letter of intent to fully administer the program.
Administration was asked to bring back the program after a year. ln August of 2013, ECOMB
submitted their first letter of intent, which they were asked to adjust the proposal.
Commissioner Tobin- Stated that he is not interested on what people say they are going to do, but
what they can actually do. lf this is a failed business he does not want to fund it.
Eric Carpenter-Stated that he was trying to play catch up with this item. One of these things that he
had been struggling with is, on the lease agreement for that property it specifically states that they
need to run the Adopt-A-Beach program. Since that lease was renewed in 2012 the program would
run till December 2015, and it was to his understanding that it was an immovable object, unless the
lease agreement is renegotiated. What Administration was trying to do is find a way how ECOMB
could run this program successfully.
Commissioner Tobin- Stated that at one point nonprofits were being told that they need to
accomplish certain things in order to obtain a discount. One of the requirements for ECOMB was
Adopt-A-Beach. Stated that he does not feelthat ECOMB can run a program thatwould get people to
participate in AdoptA-Beach.
Brian Scheinbrum (representative of ECOMB) spoke.
Commissioner Tobin-Stated that ECOMB is in default underthe obligations of the lease. Stated that
he would terminate the lease and find someone else to do the job. Otherwise, it could be said that it
was a complicated process and no one knew who was responsible for what. Stated that for $25,000
of taxpayer money needs to be spent in a company that will get the job done.
Brian Scheinbrum (representative of ECOMB) spoke.
Commissioner Tobin-lnquired why Adopt-A-Beach has not happened since 2011.
Brian Scheinbrum (representative of ECOMB) spoke.
Commissioner Tobin-lnquired what is the direction.
Commissioner Malakoff-lnquired if this plan can work.
Brian Scheinbrum (representative of ECOMB) said yes, they can try to make the plan work even331
though it is different.
Commissioner Tobin-lnquired if ECOMB is asking the Commission for $25,000. Stated that this was
something that ECOMB was going to do as part of their rental agreement.
Brian Scheinbrum (representative of ECOMB)said that ECOMB was going to do part of it as part of
their rental agreement.
Commissioner Tobin- lnquired if the $25,000 was what was to be used for the Adopt-A-Beach
program.
Brian Scheinbrum (representative of ECOMB) stated that yes, that is what it is for. Also, they
suggested other programs instead of Adopt-A-Beach; however, Administration informed ECOMB that
this would require them to alter the lease agreement.
Commissioner Malakoff-lnquired what ECOMB had suggested.
Brian Scheinbrum (representative of ECOMB)stated that ECOMB suggested an education program
on recycling within the community. A budget and some additional cleanups were submitted which
came out to $24,000. The issue was a modification of the lease.
Commissioner Tobin-Wants to ensure that everyone is on the same page. lnquired what
Administration would like to do.
Betsy Wheaton- Stated that she recommends ECOMB use the $25,000 to administer the AdoptA-
Beach program because it is the simplest.
Commissioner Tobin- Stated that the $25,000 is going to be approved but would like to know who will
be monitoring the program.
Betsy Wheaton-Stated that she will monitor the program.
MOTION: by Commissioner Malakoff to move the item to Commission with positive recommendation.
Seconded by Commissioner Steinberg.
Betsy Wheaton- Stated that for the next fiscal year, the $25,000 will be sent out for a competitively.
MOTION: by Commissioner Malakoff to adjourn the meeting at 6:39pm.
Seconded by Commissioner Tobin.
332
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av AAIAAAIBEACH
OFFICE OF THE CITY MANAGER COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members City
FROM: Jimmy L. Morales,
DATE: July 23,2014
SUBJECT: REPORT OFTHE
FRIDAY, June27,
City Manager
TTYAFFATRS COMMITTEE (NCAC) FOR
A meeting of the Neighborhood/Community Affairs Committee was held on Friday, June
27 ,2014 at 3:00pm in the Commission Chamber, 3rd Floor of City Hall. Commissioners in
attendance: Commissioners Micky Steinberg, Deede Weithorn and Ed Tobin. Members
from the Administration and the public were also in attendance. Please see the attached
sign-in sheet.
THE MEETING OPENED AT 3:01 P.M.
OtD BUS,,VESS
1. Discussion Regarding Bicycle Parking Locations And Adding Attractive Bike Racks
Throughout The City. 3:49
Commission ltem C4H, Apil23, 2014
(Requested by the Transportation Depaftment)
Jose Gonzalez, Transportation Director presented the item.
On October 17,2007, the Miami Beach City Commission adopted the Atlantic Greenway Network
(AGN) Master Plan also known as the Bike Master Plan. This master plan was focused on internal
connectivity for bicycles by way of a continuous network of on-street bicycle facilities, shared-paths,
Beachwalks, and Baywalks, and creating connections between the City network and the County's
and State regional bicycle network. As an outcome of the AGN Master Plan, the City has constructed
over 15 miles of bicycle facilities and has more miles in construction or design stages. As part of this
bicycle network construction, the City has continued the phased construction of Beachwalks and has
installed bicycle parking throughout the City. These existing facilities amount to about 70 percent of
the bicycle facilities planned in 2007 .
The increase in bicycling from the recreational and transportation standpoints has generated a higher
demand for bicycle parking citywide. ln response to requests from residents on the demand for
bicycle parking, in May 2010 the City retained The Corradino Group to conduct field reconnaissance
and a detailed investigation of various areas within Miami Beach, in an effort to identify suitable
locations for the implementation of bicycle racks. Following were the designated transportation
corridors.
. Washington Avenue (from 4th Street to 1Sth Street)
. Collins Avenue (from Sth Street to 23rd Street)
. Alton Road (from Sth Street to 23rd Street)
. Collins Avenue (from 23rd Street to 28th Street)
. Ocean Drive (from South Pointe Drive to 1Sth Street)
A comprehensive report was prepared for each of the five areas described above and included side
streets as necessary, based on site conditions. The proposed locations were coordinated with
business/property owners. Bike racks proposed on state roads were coordinated with the Florida
Agenda ltem CGD
oate z-23-//
2014.
337
Department of Transportation (FOOT) so that permits could be obtained. A total of 165 additional
bike racks were recommended as part of this work. Since the completion of The Corradino Group
assessment, bike racks have already been installed on public right-of-way and parks. The City's GIS
Division has developed an inventory of the location of existing bike racks (AttachmentA). According
to this inventory, there are currently 524 bike racks available citywide. The City of Miami Beach
standard bike rack design is an inverted U shape as shown in the picture below. The cost each of
these bike racks with installation is approximately $+OO.
ln March 2011, the City's Planning Department developed the Miami Beach Bicycle Parking
Guidelines. Through the development review process, the City works with applicants to include
bicycle parking as part of site design, encouraging the ability to provide for long term (i.e. bike
lockers, multi-level bicycle racks) and short term (bike racks) parking. Long-term bicycle parking
provides employees, students, residents, commuters and others who generally stay at a site for
several hours a secure and weather-protected place to park bicycles. The measure of security for
long-term bicycle parking must be greaterthan that provided by shortterm parking. Furthermore, the
City encourages development applicants to include Transportation Demand Management (TOM)
programs with the purpose of incentivizing employees to utilize alternative modes of transportation
other than driving to work. The specific TOM program is administered by a designated staff person
on site and monitors the implementation of TOM measures, such as utilization of bicycles as a mode
of transportation. The Bicycle Parking Guidelines have been a great asset in expanding the abilityto
provide for bicycle parking and to encourage employees that work at commercial establishments as
well as visitors in the City to utilize the bicycle as a mode of transportation.
The location of greatest need in excess of what has been provided is Washington Avenue south of
Lincoln Road. Bicycle corrals and a bicycle station will be considered along this corridor. An important
consideration in the future is to try to include long term bicycle parking (bike lockers) in City-owned
parking garages by car sharing locations and by major transit stops. The objective would be to
compliment other modes including car share service. For people that do not own cars or simply prefer
to ride their bicycles to destinations, they could easily ride a bike to a transit stop or parking garage,
park the bicycle in a secured bike locker and then access a rental vehicle. This option would assist in
diminishing congestion in the City by encouraging people to ride their bikes to nearby destinations in
lieu of driving.
A public workshop on the Bicycle Master Plan Update was held on May 13,2014. Through public
input received during the workshop as well as subsequent data gathering and evaluation, other
methods or designs of bicycle parking may be recommended, depending on location and intensity of
use. The City has approximately $120,000 previously appropriated and worked for additional bicycle
parking to be deployed throughout the City.
Commissioner Weithorn- not sure there is anything to say. lf there is a budgetary impact there needs
to be enough time to bring it into budget considerations. Two important aspects of this are the
locations of the bike racks, the locations need to be near streetlights and secure locations, and the
design of the bike racks function well with U-locks.
NO ACTION TAKEN.
2. Discussion Regarding Bicyclist Safety Gampaign With The Miami Beach Police
Department, Deco Bikes And Local Bicycle Rental Companies.3:56pm
Commission ltem C4Q, February 6,2013
(Requested by Commissioner Weithorn)
Jose Gonzalez, Transportation Director & John Buhrmaster (Assistant Chief of Police) presented
the item.
Miami Beach has historically been one of the premier cities for bicycle transportation in South Florida.
1n2013, based on 2010 US Census data, the City ranked tenth in the list of cities in the United States
where people are most likely to use bicycles to commute to work. This national recognition is
substantiated by the results of the City's Communi$ Satisfaction Survey which documented that, in
338
2012,11o/o of residents eitherwalked or used a bicycle as their primary mode of transportation, ln the
South Beach area, this figure rose to 260/o.The Community Satisfaction Survey further reflects that
48o/o of residents would be willing to use a bicycle as an alternative to a car. This figure is significantly
higher than the 17o/o rcpofted in 2009. By way of context, the national average for commuter bicycle
trips is 0.56% and the figure is even lower for Miami-Dade County.
As a result of the number of cyclists currently traveling on the City's streets, sidewalks, and
pedestrian pathways, the number of conflicts, violations, and accidents has become a source of
concern for the City Commission and residents. The Commission directed staff to embark on a
bicycle safety campaign with the goal of reducing the number of accidents and conflicts between
motor vehicles and bicycles by educating motorists and bicyclists on tratfic laws.
Staff research indicated that 184 accidents involving bicycles occurred from 2010 lo 2012. From
these accidents, the City of Miami Beach Police Department cited 66% of motorists as being atfault.
When these accidents are broken down by residency, SOo/o of all accidents involved motorists that
are non-Miami Beach residents, 13% involved Miami Beach resident motorists and37o/o are Miami
Beach resident cyclists. Research also strongly suggests that bicycle accidents involving vehicles
peak during our Major Events Periods (MEP), between December and March.
At the July 29, 2013 Neighborhood/Community Affairs Committee (NCAC) meeting, the Committee
passed a motion directing the Administration to develop a Bicycle Safety Plan and referred the item
to the Bicycle Committee for discussion and to return to the NCAC with a recommendation and an
outline of the proposed Bicycle Safety Campaign. lt is worth noting that the City has conducted
bicycle safety campaigns in recent years, some in partnership with the Florida Department of
Transportation (FOOT) and the University of Miami BikeSafe Program.
Atthe December 11,2013 CityCommission meeting, the Commission approved an agreementwith
the University of South Florida (USF) Board of Trustees for the USF's Center for Urban
Transportation Research to fund a Pedestrian and Bicycle Safety High Visibility (HVE) Enforcement
Campaign in the amount of $88,920 which provides funding for police overtime and extra details. The
contract was executed on March 18,2014 and the campaign was launched by the Miami Beach
Police Department.
The purpose of the Pedestrian and Bicycle Safety (HVE) program is to improve pedestrian and
bicyclist safety. The goal of this program is to reduce the incidence of crashes involving pedestrians
and bicyclists and the resulting fatalities and injuries throughout the City of Miami Beach. The
program will also support research and education efforts to improve pedestrian and bicyclist safety
throughout South Florida, in partnership with the Centerfor Urban Transportation Research (CUTR)
at the University of South Florida, and the Florida Department of Transportation (FOOT). The MBPD
will be coordinating the assembling and presentation of data with these institutions. Attachment B
shows the Enforcement Detail Documentation from March 7,2014 through May 1 ,2014.
The primary focus of this program will be on areas experiencing disproportionately high pedestrian
and bicycle crashes, and surrounding facilities such as schools. These arethe same areas identified
as part of the City's overall Bicycle Safety Campaign.
Currently, the City is implementing the following measures as part of the Bicycle Safety Campaign,
also as part of Attachment C:
. Parking meter receipts
. Bicycle safety messages from past e-newsletters in English/Spanish from the past three months.
Please note, we've been including bike safety messages since last year
. MB magazine mention, winter 2014
. PSA bike safety link: http://www.youtube.com/watch?v= 0 Xt ob3Q
. Twitter account for bike safety messages: https://twitter.com/MiamiBeachNews
Commissioner Weithorn- lnquired if the discussion can be held, once that has finished Commissioner
Steinberg will adjourn the meet, and then the bicycle safety campaign video can be watched.
339
Commissioner Weithorn -Stated that the statistics presented by John Buhrmaster prove that people
are most frightened of vehicles.
John Buhrmaster-Stated that the numbers provided are only a representation of the individuals he
has been able to cite.
Commissioner Weithorn- Stated that 50% of the problem is motorists and pedestrians and cyclists
seem split. lnquired if the statistics John Buhrmaster presented could be sent out via an LTC.
John Buhrmaster -Stated that from 2005 to 2013 there was an average of 6 fatalities a year;
currently there are none this year, none of which concerned a bicycle. There were two pedestrian
fatalities.
Commissioner Weithorn-Stated that the best thing to do is to continue to get the word out regarding
bicycle safety.
Jose Gonzalez- State that the enforcement for this initiative is currently funded through FDOT. That
grant expiries in August, but the Police Department is currently in the process of applying for the
grant for a second time.
NO ACTION TAKEN
ArEt/yBUSrrvEss
3. Discussion Regarding The Possibility Of The Parks And Recreation Department Partnering
With Miami-Dade County Schools To Operate An After School Program Out Of The City's
Local School Sites. 3:34pm
Commission ltem C4H May 21, 2014
(Requested by Parks & Recreation)
John Rebar, Parks and Recreation Director
One of the core functions of the City's Parks and Recreation Department is offering after-school and
summer programs for grade school children. The Parks and Recreation Department provides
transportation from all Miami Beach schools to the Gity's parks where these programs are offered.
Miami-Dade County Schools has expressed interest in partnering with the City to offer after-school
programming at the City's local school sites. The idea would be to implement a pilot program at
Nautilus Middle School at the beginning of the 2014-2015 school year. The Administration seeks
direction from the Committee regarding this matter.
John Rebar- Stated that historically the Parks and Recreation Department is very involved in child
care services. Due to so many child care services, other residents tend to complain because the
limited parks and facilities are constantly in use for these child care services. Schools are already
offering after school care programs and often the department is competing with them. Stated the
conversation that needs to be had, is does the City want to get out of child care and start partnering
with schools, and then use the funding that was allocated to these programs, to maintaining and
enhancing the City's facilities. Stated that Administration is suggesting taking the teen program to
them at the Nautilus Middle School. This would not require a budget increase.
Commissioner Tobin- Stated that the City's Parks Department is one of the most important
departments in the City and he does not want to give up responsibility to another other organization.
lf this is something that is going to enhance what the City does and provides better service, than it is
something to push fonrard with.
John Rebar-Stated that the option presented is a true partnership. City staff would use the Nautilus
Middle School facilities to run the programs. There would also be tutoring programs available for no
additionalcost.
Commissioner Tobin- Stated that he did not see this as a major policy shift.
Commissioner Weithorn- Stated the shift is that it is usually a pure recreational program or a pure
enhancement program, but this would be the first time that the two are combined. Stated that itwould
be nice for parents and students to have a combination of both.
Commissioner Tobin- Inquired if John Rebar could assign someone to this new venture to ensure
that it is being executed correctly.
Commissioner Weithorn- lnquired when could this start to be implemented.
John Rebar- Stated that it could be in place at the beginning of the school year.
340
Commissioner Steinberg-lnquired what age gt:oup this program would target.
John Rebar - Stated that it would cover 6th -8m grade.
John Rebar- Stated that all the Miami Beach principals are on board to do this. There is a program in
Muss Park that has been run for years, but it has its challenges. Blocks away, the City is competing
with another after school care program. The principal would be more than happy to receive our
children. This would be relinquishing our responsibilities to North Beach Elementary, since they will
now be part of their program, not ours. The City would not be sending staff over to run the program.
The rates would be increased to $8.00 a day, $7.00 a day if the child qualifies for free or reduced
lunch. This is an increase from the City's programs. There is a fee difference and the burden would
be on the residents. Stated that he recommends a fee waiver system for those who are in need.
Commissioner Steinberg-Stated that it is too much money for some of the City's residents.
Commissioner Tobin- Stated that the City needs to provide first class service to the residents that pay
a significant amount of money in property taxes. The guiding principle should be, is this an
enhancement for the residents.
John Rebar- Stated that he does believe it will be quality a quality program. Stated thatAdministration
has been looking at budget saving, as this is the will of the Commission, this would free upthe parks.
The win for the residents is quality programs at the schools and quality parks for the residents.
Commissioner Tobin- Stated that these two programs are already available and residents make a
choice.
John Rebar- Stated that as it stands today, the residents do make a choice between the two
programs.
Commissioner Tobin- lnquired than why would the City close the park option and only give residents
one option.
John Rebar- Stated that the main reason is to free up the parks.
Commissioner Tobin-lnquired what Administration would like to do.
John Rebar- Stated that he brought this before the Committee to see if there was a desire to pursue
this as an option.
Commissioner Steinberg- lnquired if this includes the 4 elementary schools participating.
Commissioner Tobin- Stated that he would like to keep it the way it is and give residents an option.
Commissioner Steinberg- Stated that it is important to give residents a choice but maybe giving them
more of a choice could alleviate some of the parks. lt is worth discussing further. Would be happy to
sit down and discuss the options.
Commissioner Weithorn -Stated that right now residents have a choice between the school
programs and the ones provided bythe City. lf the two choices are combined, doesn'tthattake away
the parents decision in which program to place their child in. That is the major concern.
Commissioner Steinberg- Stated that she is not in favor of taking the choice awayfrom the residents.
Commissioner Steinberg-lnquired that could the summer camp that is in Muss Park use North Beach
Elementary on day that has bad weather.
John Rebar- Stated that the elementary schools aren't available for rent or use.
NO ACTION TAKEN
4. Discussion Regarding Altos Del Mar Master Plan. 3:01pm
Commission ltem C4A, June 11,2014
(Requested by Parks & Recreation)
John Rebar, Parks and Recreation Director
Altos Del Mar Park is tocated between 77th Street on the north, 76th Street on the south, Collins
Avenue on the west and the Beachwalk on the east and contains approximately 2.5 acres. The
City contracted with AECOM Technical Services to develop a master plan for the park. The key
issues as described in the scope of services included:o The development of an appropriate range of spaces and facilities for general and passive
recreation, such as, open play areas (non-lighted and lighted), walking paths, landscape
areas, etc.;. Performance area with possible movable stage;. Opportunities and constraints for the park presented by the adjacent public library and. parking lot property;
341
. Accessibility for the surrounding neighborhood via street end connectivity to existing
Beachwalk; and. Provide input for arts in public place initiatives (art works by others).
a
Upon execution of the agreement, City officials and Parks and Recreation representatives
determined that it would be prudent to delay the actual project start date until the end of calendar
year 2013 such that all residents, both year-round and seasonal, would be available for participation
in the stakeholder workshop approach to be deployed by the consultant team. Parks and Recreation
leadership assembled the consultant team for an internal workshop on December 1 3, 2013, in order
to provide overview guidance and the establishment of City goals and objectives. With this
information and directives in-hand, the consultant team began their initial project due-diligence, site
analysis and opportunities and constraints analysis of the subject property and its outlying areas.
Several team meetings were conducted on-site where representatives from the Gity Manager's
Office, Police Department, Planning and Zoning and Parks & Recreation provided input and
guidance.
The consultant team then began the process of organizing a series of interactive public workshops to
gain input from the stakeholders and concerned citizens and to develop the overall goals and
objectives for the park from the neighbors and potential park users. Three interactive workshops
were conducted as follows;
1 . Stakeholder Goals and Objectives and park program elements, February 27,2014.
This first session was held with approximately 40 citizens and was intended to familiarize the
stakeholders with the inherent attributes of the park, its potential for development, discussions
concerning 'active and passive' uses and the overall development of potential program elements that
would be used in the next session of concerning development alternatives exploration. The overall
consensus was that this park should be passive and should be designed as a neighborhood park (vs
community or regional park). lncreasing user safety was a primary consideration for the future park
design.
2. Development Alternatives Exploration, May 1, 2014.
The second workshop was attended by approximately 30 citizens and the consultant team presented
three alternative plans; Alternative 1 was summarized as a more formal Beaus Art style layout with
native plantings in a traditional Florida hammock style such as one might find at Fairchild Gardens.
Alternative 2 was expressed as the "Great Lawn" solution and featured native plantings with a
substantial lawn area tilted up towards the dune highpoint. Alternative 3 featured a more avant-
garde approach with a sweeping wall that separated the park from the dune and featured a bridge
element to connect the main park to a beach observation platform. The workshop ended in an
interactive voting exercise with the Stakeholders voting unanimously for Alternative 1.
3. Preferred Alternative Presentation, June 10,2014.
This workshop was attended by 35 citizens and was conducted in an open house style so that
stakeholders could spend a considerable amount of time reviewing the prefened plan in an extensive
question and answer session. The consultant team stressed that it is critical that the stakeholders
clearly articulate their vision for the park, and that the park would be a phased over a period of time.
A final interactive session was conducted to determine the stakeholder priorities for 25 program
elements. Priorities were categorized as 1tt, 2no , 3'o , and voting tallies were recorded
Primary Challenges encountered during the master plan development efforts focused on the
inclusion of several "lighting rod" program elements including public restrooms, observation pavilion,
interactive fountain and sand volleyball courts. These elements were debated, both pro and con, at
virtually every workshop with citizens being fairly evenly split on all issues. The consultant team
developed a final plan that included all these elements; however, the team stressed that the master
plan is not directing that each of these elements be included in the final design and construction
plans, but if these elements are ultimately included in the park construction, the master plan has
appropriately located each element in the best possible area.
342
Solutions/Conclusions of the consultant team, stakeholders and City representatives can be
generalized that this is the vision that the stakeholders, City staff and consultant team have crafted
together in a fair and democratic process. No one gets everything, everyone gets something. The
park features a safe and accessible public open space that is unique to this location, but is in
harmony with the high standards of quality demanded by the stakeholders, citizens and city
leadership of Miami Beach. The net result will offer a beautiful, safe and functional city park that
serves the residents, the visitors, the local food, retail and hotel establishments and will provide
people of all ages and abilities a new and exciting venue for enjoying the best that the City of Miami
Beach has to offer.
Commissioner Weithorn- lnquired if the City was still considering naming this area
Beachview Park. lnquired if this has been addressed
John Rebar - Stated that no it has not been addressed, however Administration does
know that name is desired.
Commissioner Weithorn -Stated that she prefers Beachview to Altos de Mar to go with the
spirit of North Beach.
Greg Alt (Vice President of AECOM) provided a presentation.
Commissioner Tobin- Stated that he would like to take a vote of sentiment since this will
have to be presented to the entire Commission anyways.
Commissioner Tobin- lnquired what Administration would like from the Committee.
John Rebar- Stated that he would like to bring to Commission something that the
Committee agrees upon.
MOTION: by Commissioner Weithorn to move to Commission with positive
recommendation and to change the name officially to Beachview instead of Altos de Mar.
Ray Breslin (resident) spoke.
Seconded by Commissioner Steinberg
5. Discussion Regarding Rebuilding Of The Sunset 1 And 2 Guard Houses 3=22pm
Commission ltem C4A, May 21,2014
(Req uested by Com m i ssioner Mal akoff)
Maria Hernandez presented the item
The residents of Sunset lsland 1 & 2, through their homeowners association, have submitted the
attached request for the city's consideration. City staff, including the departments of Public Works,
Property Management, Planning, and the CityAttorney have had severaldiscussions and meetings
regarding the Sunset 1 & 2 guard house. Additionally, Maria Hernandez, Capital Projects Advisor,
has met with the homeowners association regarding the request.
The following are the conclusions those discussions which have been transmitted the
HOA:
Regard ing Historic Designation :
1. The guardhouse is not a historic structure.
2. However, the guard house is in a locally designated Historic Site, i.e., the site which includes only
the historic bridge. (Refer to Exhibit 1)
3. Demolition of the structure would be required to go before the Historic Preservation
Board (HPB) because the guard house is within the (Bridge) historic site boundaries.
4. However, if a Certificate of Appropriateness (COA) is issued by HPB, the guard house can be
demolished and rebuilt outside the boundaries of the historic site.
Design Review Board (ORB) approval is required for a new structure located outside of the historic
site boundaries.
5. Other changes to the guard house such as painting, new floors, awning additions, changes in
windows, etc., can be approved administratively during the building permit process and do not require
ORB or HBP approval.
Regarding Ownership and Funding for Renovation:
343
1 . The City attorney has determined that there is no evidence that the guard house actually "belongs"
to the City.
2. The City attorney has also determined that, therefore, the City has no legalobligation to providefor
or assist with construction, operation or maintenance of the guard house, and if the City chooses to
do so, it is voluntary.
3. There is currently no funding appropriated to modify the guard house, as it is not in the current
2014 Capital budget.
Robert Hertzberg (President of the Homeowners Association for Sunset lsland 1 & 2)
presented.
Commissioner Weithorn-Stated that she does not feel the Committee can do anything
except receive more information. Stated that this Committee cannot make a financial
decision and that this issue should be brought to the Finance Committee. Also stated that
before making any decision, staff should bring more information regarding the legality
about doing something to a property that may or may not be ours.
Raul Aguila-Confirmed that what Robert had mentioned is correct. lt is oblique as to who
owns the guard house. Stated that the point in weighting in on the memorandum is so that
it is clear that any decision to fund the guard house would be voluntary and subject to the
discretion of the Commission. !nquired that going forward, would the Committee be more
comfortable on any type of notion that the City owns the guard house.
Commissioner Tobin- Stated that the City renovated the guard houses for Sunset lsland 3
and 4;therefore, it should have been expected that Sunset lsland 1 and2would also ask
the City to renovate their guard houses. Stated that this should be referred to the
Commission that the City can create a budget for it.
Commissioner Weithorn- Does not want an action to be taken on this item today because
this is the Neighborhood Committee, not the Finance Committee. This item should be
brought to the Capital Budget Finance Committee meeting.
Kathie Brooks- Stated that lhe Capital Budget is discussedln mid- July, the 15h or the 16b.
Commissioner Weithorn- Stated that when the Capital Budget is discussed the entire
Commission is present and the items are looked at, and a decision is made. Stated that
this is where this item needs to be presented.
Commissioner Steinberg- Stated that it was a good thing that Commission Malakoff
referred this item because it did bring it attention to this matter.
Robert Hertzberg (President of the Homeowners Association for Sunset lsland 1 & 2)
spoke.
Commissioner Weithorn- Stated that on July 16th at 1:00 PM all the Capital Budget
requests are on the agenda.
Robert Hertzberg (President of the Homeowners Association for Sunset lsland 1 & 2)
spoke.
Commissioner Steinberg- Stated that Maria Hernandez does have the plans that were
used for Sunset 3 and 4 to go off of for Sunset 1 and 2.
CommissionerWeithorn- Urged Robertto sitwith Maria Hernandezand discusstheguard
houses and to ensure that the vision that he has is in line with the plans Maria has so that
when the budget is discussed there isn't a shortage of funds.
NO AGTION TAKEN
MOTION: by Commissioner Steinberg to adjourn the meeting at 4:00pm
Seconded by Commissioner Weithorn.
344
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348
S IIAIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
TO: Mayor Philip Levine and Members o
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: REPORT OF THE SPECIAL FINANCE AND CIT\ryVIDE PROJECTS
COMMITTEE MEETING ON JUNE 20,2014
The agenda is as follows:
OLD BUSINESS
1. Discussion regarding bicycle safety campaign with the Miami Beach police
department, Decobike and local bicycle rentalcompanies
ACTION
The Committee recommended that staff work with FDOT to organize events and
practica! workshops that focus on providing bike safety information. The
Committee also directed Staff to bring the cost breakdown to July budget meeting
for the funds that will be needed to implement these programs.
NEW BUSINESS
2. Discussion regarding whether or not to pursue food and beverage concessions
for Soundscape Park, Collins Park, and the Miami Beach Botanical Garden
AGTION
The Committee recommended pursuing food and beverage concessions through
the pop up concept or food trucks for Soundscape Park, Collins Park and the
Miami Beach Botanical Garden.
3. Discussion regarding Parking - Strategic Pricing
ACTION
Agenda nem CG E
oate ?'13'4
Item Deferred to July Budget Meeting.
349
4. Discussion on Upgrading the Gity's Enterprise Resource Planning (ERP) System
ACTION
The Committee recommended moving forward with endorsing the transition from
Eden ERP to Munis ERP, implementing EnerGov for permitting and licensing and
engaging EMA to assist the Gity with a review of its business processes, as well
as provide implementation services (project management) throughout the project
implementation to be brought before the July 23,2014 Commission Meeting.
5. Discussion on A Resolution Approving The Purchase Of Flood Insurance, All-Risk
Property lnsurance, lncluding Windstorm, Boiler & Machinery lnsurance For Gity
Buildings And Contents (lncluding New Gonstruction); And Fine Arts lnsurance
(Bass Museum), As Proposed By Arthur J. Gallagher Risk Management Services,
lnc., The City's Broker Of Record
AGTION
The Gommittee recommended that based on the State's recommendation to
increase named windstorm eoverage and the increasing value of our properties,
the City should increase its current named windstorm coverage to $15 million for
the upcoming year and going fonvard, look into reaching the target coverage of
$25 million over the next 2 to 3 years.
6. Discussion on whether or not to reconstitute the Nightlife lndustry Taskforce
ACTION
The Gommittee provided administration direction to do a series of open forum
workshops to engage those individuals that are interested in providing real input
and discussion of the nightlife industry taskforce. The Commiftee decided to
allow the Nightlife lndustry taskforce to sunset without action.
7. Discussion on Use of the Byron Garlyle Theater
ACTION
The Committee recommended that staff bring back options for the use of the
space at the Byron Garlyle Theater to Budget Meetings.
350
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch. Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
the City
SUBJECT: REPORT FROM THE JUNE 1
MEETING,
2014 FLOODING MITIGATION COMMITTEE
Attached are the draft minutes of the Flooding Mitigation Committee meetings of June 18,2014
Pursuant to Section 2-13 of the Miami Beach City Code, the City Commission is hereby
requested to review and approve the drafts. The draft minutes are subject to correction,
amendment and approval by the City Commission, with any corrections or amendments to be
reflected in those minutes.
Approval of the minutes does not constitute the City Commission's substantive approval of
actions taken by the Flooding Mitigation Committee, but shall serve only to allow the minutes to
assume their essential status as the official record of the proceedings of the Flooding Mitigation
Committee. However, those portions of minutes addressing a Flooding Mitigation Committee's
request for City Administration action, shall only be effectuated when a corresponding item for
such requested City Administration action is placed on a City Commission agenda, and
approved pursuant to resolution or motion passed by a majority vote of the members present.
G,6,,f(#*,
T:\AGENDA\2014Uuly\Flooding Mitigation Committee Report 7.23.2014.docx
Agenda ttem CG FoateW351
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FLOODING MITIGATION COMMITTEE
MEETING MINUTES - Draft
JUNE 18,2014 - 5:00 p.m.
The City of Miami Beach Flooding Mitigation Committee met on Wednesday, June 18,2014, at 5:00 p.m.
in the City Manager's Large Conference Room. The meeting was led by Commissioner Jonah Wolfson.
Commissioner Michael Grieco was in attendance. The minutes of the meeting held on May 14,2014
were approved by the City Commission at the meeting held on June 11, 2014.
UPDATE FROM MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA RISE
Scott Robins, Chairperson, Mayor's Blue Ribbon Panel on Flooding and Sea Rise emphasized the
summer priority to installtide flex valves in critical areas to minimize flooding during fall high tides. The
City's under designed drainage system cannot handle the amount of water and garbage that collects in
the existing system. A maintenance program to clean up garbage has been increased. Design
standards are upsized.
ACTION: lt was requested that staff explain the potentialfor installation of grates and the maintenane
program more fully at the July 9, 2014 meeting of the Floodhg Mitigation Committee.
FLOOD MITIGATION PROJECT STATUS UPDATE
Bruce Mowry, City Engineer, distributed an update of the Stormwater and Mitigation Projects dated June
18,2014. lt was mentioned that 60 tide flex valves will be installed on outfalls. The Commissioners said
they would like to be shown how the valves function when staff goes out to conduct an evaluation.
Bruce announced that the 1Oth and 14th Street Pump Station Project work will begin this week.
ACTION: To direct staff to prepare a GIS Map with dates, placement and updated conditions of the
placement of valves throughout the City.
SEAWALL DESIGNS
Bruce announed that there are 60 miles of seawalls throughout the City. There was discussion of
raising the height from 3.2 feet NAVD to 5.7 feet NAVD for both public and private property. Construction
materials will have to be specified as part of the new standard.
AGTION: To send to the Mayor's Blue Ribbon Panel the Sea Wall recommendations outlined in the
June 18, 2014 Projects Update and to come back to the Flooding Mitigation Committee with a Panel
recommendation.
ESTABLISH NAME FOR $3OO MIL. MIAMI BEACH FLOOD MITIGATION PROGRAM FOR PROJECT
SIGNS
ACTION: Commissioner Wolfson asked that suggestions be discussed at the July 9, 2014 meeting.
The meeting was adjourned at 6:55 p.m. The Flooding Mitigation Committee will meet next on
Wednesday, July 9, 2014 at 5:00 p.m. in the City Manager's Large Conference Room. The meeting will
be posted on the City's website www.miamibeachfl.qov, Quick Links, Commission Committee Referral
Tracking (CCRT), Flooding Mitigation Horne Page to obtain future and past agendas.
F:\WORK\$ALL\(1)EMPLOYEE FOLDERS\CASTELLANOS DIANA\Ftood Mitigation Commitiee\Flooding Mitigation Commitlee Meeting Minutes 5.14.2014.docx
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352
c7
RESOLUTIONS
353
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City Manager or his designee to apply for and accept five (5) grants and to
as co-soonsor and oarticioant on one (1
1) lnsist on Police Department accountability and skilled managemenUleadership; 2) Enhance pedestrian
safety universally; 3) Enhance external and internalcommunication from and within the City; 4) Maximize the
Miami Beach brand as a World Class destination; 5) Commission a comprehensive mobility plan which gives
priority recommendations (from non-vehicular to vehicular and including parking); and 6) Ensure reliable
Supporting Data: Community Satisfaction Survey 2014: 1) "Quality of police enforcement" was
mentioned by 11o/o of residents as a way to improve the quality of life in Miami Beach; 2) and 4) When
asked how to improve the quality of life in Miami Beach' "lmproving traffic" was the number one solution;
3) 84o/o of respondents rated emergency (hurricane) preparedness as positive; and 5) When asked how
to improve the quality of life in Miami Beach "address flooding problems" was the number one solution.
Item Summary/Recommendation :
Approve and authorize the following grant application submittals: 1) Miami-Dade County for FY 14115
Edward Byrne Memorial Justice Assistance Grant Program Funds in the approximate amount of $10,000; 2)
Florida Department of Transportation (FDOT), High Visibility Enforcement for Pedestrian and Bicycle Safety
Grant Program for the City's High Visibility Enforcement Program in the approximate amount of $200,000;
3) US Department of Homeland Security, Federal Emergency Management Agencyfor FY 2014 Homeland
Security National Training Program - Continuing Training Grant Program funding in the approximate amount
of $1.3 Million for a Disaster Preparedness and Community Resilience training program, and, further,
retroactively approving the following submittals: 4) Lowe's Keep America Beautiful Community lmprovement
Grant Program for funding for Community Gardens, in the amount of $20,000; 5) US Department of
Transportation, Public Transit Service Development Program, in the approximate amount of $812,000 for
funding for the North Beach Trolley Route Project; and 6) Co-sponsor and participant for an application to
the Florida Sea Grant Advisory Council, Florida Sea Grant College Program, with Florida lnternational
University as the applicant, for funds in the approximate amount of $200,000 for the City's Sea Level Rise
Awareness
Fi nancial lnformation :
Source
of
Funds
@\-
Financial lmpact Summary: N/A
Grant Name/Project
Miami-Dade County/Edward Byrne Memorial
Justice Assistance GranURecords I
FDOT High Visibility EnforcemenUPedestrian
U.S. Dept. of Homeland Security/Disaster
& Community Resilience Train
Lowe's Keep America Beautiful Community
lmprovement Proqram/ Communitv Gardens
, Public Transit Service Development
North Beach Trollev Route
$81 2,000/Quality of Life
Florida Sea Grant Program/ Sea Level Rise
Awareness Program
$80,000/Funds will be
requested through the
FY 14115
Process %,
Judy Hoanshelt, Grants Manager, Office of Budget and Performance lmprovement
AcEtrtDA fiEn C7 A
o^fE 7'e?/yMIAMIBEACH354
MIAMI BEACH
€ity of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
City ission
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING AGTIONS: 1)
SUBMIT A GRANT APPLICATION TO MIAMI.DADE COUNTY FOR FY 2014115
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
FUNDS !N THE APPROXIMATE AMOUNT OF $1O,OOO FOR THE CITY'S
RECORDS IMPROVEMENT PROGRAM; 2) SUBMIT A GRANT APPLICATION
TO FLORTDA DEPARTMENT OF TRANSPORTATTON (FDOT), H|GH VtStBtLtTY
ENFORCEMENT FOR PEDESTRIAN AND BICYCLE SAFETY GRANT
PROGRAM FOR THE CITY'S HIGH VISIBILITY ENFORCEMENT PROGRAM IN
THE APPROXIMATE AMOUNT OF $200,000; 3) SUBMIT A GRANT
APPLICATION TO THE US DEPARTMENT OF HOMELAND SECURITY,
FEDERAL EMERGENCY MANAGEMENT AGENCY FOR FY 2014 HOMELAND
SECURITY NATIONAL TRAINING PROGRAIr,I - CONTINUING TRAINING
GRANT PROGMII,I FUNDING IN THE APPROXIMATE AMOUNT OF $1.3
MILLION FOR A DISASTER PREPAREDNESS AND COMMUNITY RESILIENCE
TRAIN!NG PROGRAII,I; AND, FURTHER, RETROAGTIVELY APPROVING THE
FOLLOWING: 4) SUBMITTAL OF A GRANT APPLICATION TO LOWE'S KEEP
AMERICA BEAUTIFUL COMMUNITY IMPROVEMENT GRANT PROGRAI'/I FOR
FUNDING FOR COMMUNITY GARDENS, lN THE AMOUNT OF $20,000; 5)
SUBMITTAL OF A GRANT APPLICATION TO THE US DEPARTMENT OF
TRANSPORTATION, PUBLIC TRANSIT SERVICE DEVELOPMENT PROGMM,
IN THE APPROXIMATE AMOUNT OF $812,000 FOR FUNDING FOR THE
NORTH BEACH TROLLEY ROUTE PROJECT; AND 6) SUBMITTAL OF A
GRANT APPLTCATTON BY FLORTDA TNTERNATTONAL UNTVERSITY (FrU),
WITH THE CITY OF MIAMI BEACH AS CO.SPONSOR AND PARTICIPANT,
AND FIU AS APPLICANT, TO THE FLORIDA SEA GRANT ADVISORY
COUNCIL, FLORIDA SEA GR,ANT COLLEGE PROGRAM, FOR FUNDS IN THE
APPROXIMATE AMOUNT OF $2OO,OOO FOR THE CITY'S SEA LEVEL RISE
AWARENESS PROGMI,I; APPROPRIATING THE ABOVE GRANTS, FUNDING
REQUESTS, MATCHING FUNDS, AND CITY EXPENSES, IF APPROVED AND
ACCEPTED BY THE CITY AND AUTHORIZING THE EXECUTION OF ALL
NECESSARY DOCUMENTS RELATED TO THE AFORESTATED
APPLIGATIONS, INCLUD!NG, WITHOUT LIMITATION, AUDITS, AND
AUTHORIZING THE CIry MANAGER OR HIS DESIGNEE TO TAKE ALL
NECESSARY ACTIONS RELATED TO THESE GRANTS AND FUNDING
REQUESTS
355
Commission Memorandum
Page 2
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
ANALYSIS
1 . Approval to submit an application to Miami-Dade Countv for FY 201412015 Edward
Bvrne Memorial Justice Assistance Grant Proqram funds in the approximate amount
of $10.000 for the Police Department's Records lmprovement Prooram
The Administration intends to submit an application for Edward Byrne Memorial Justice
Assistance grant program funds. These federal funds are passed through from the US
Department of Justice to the State of Florida, Department of Law Enforcement and then to
Miami-Dade County to disburse to local municipalities. lt is the Administration's intent to
apply for funds from the County's allocation for the continuation of the City's Records
lmprovement Program.
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary
provider of federal criminal justice funding to state and localjurisdictions. JAG funds support
all components of the criminal justice system, from multijurisdictional drug and gang task
forces to crime prevention and domestic violence programs, courts, corrections, treatment,
technology improvement programs and justice information sharing initiatives. The City will
be applying for funding in the approximate amount of $10,000 for the continuation of the
Police Department's Records lmprovement Program (E-ticketing), to enable the Police
Department to comply with Florida Department of Law Enforcement's requirements of
provid ing validated statistics.
E-Ticketing will allow officers to write police reports electronically and digitally transmit them
through the approval process to merge with the Records Management System. Currently,
with the exception of the officers who have the automated ticket writing software and
equipment, officers continue to handwrite State Traffic citations; this process causes
significant delays in the management of criminaljustice data and records management and
fails to meet the needs of data management and collection. This grant does not require
matching funds, and the project supports the key intended outcomes: insist on police
department accountability and skilled managemenVleadership.
2. Approval to submit an application to the Florida Department of Transportation Hiqh
Visibilifu Enforcementfor Pedestrian and Bicvcle Safetv Proqram in the approximate
amount of $200.000 for Police Department Pedestrian and Bicvcle Safetv lnitiative
Florida Department of Transportation has funding available to law enforcement agencies
that initiate high visibility enforcement campaigns to keep pedestrians and bicyclists safe on
Florida's roadways. This new funding is available through Florida's Bicycle/Pedestrian
Focused lnitiative.
ln 2011, traffic crashes in Florida resulted in 497 pedestrian fatalities, 6,194 pedestrian
injuries, 120 bicyclist fatalities, and 4,632 bicyclist injuries. Based on the National Highway
Traffic Safety Administration (NHTSA) Traffic Safety Facts, these rates nearly double the
national average for pedestrians and nearly triple the national average for bicyclists.
356
Commission Memorandum
Page 3
Pedestrian and Bicycle crashes are more likely to result in fatal or serious injuries than any
other types of crashes. The number of hospitalizations and emergency room visits related to
these crashes indicate that the magnitude of the problem may even be larger than identified
by traffic crash reports. The financial impacts and suffering caused by these fatalities and
injuries are significant. As a result, FDOT is looking to partner with law enforcement
agencies to conduct HVE campaigns in high impact areas in conjunction with other
education efforts. FDOT's HVE program will allow the City's Police Department to continue
its high visibility enforcement (HVE) program to keep pedestrians and bicyclists safe on
Miami Beach roadways. The City intends to apply for the second year of funding, in the
approximate amount of $200,000. This grant does not require matching funds, and supports
the key intended outcome to enhance pedestrian safety universally.
3. Approval to submit a qrant application to the US Department of Homeland Securitv.
Federal Emeroencv Manaqement Aqencv (FEMA) for FY 2014 Homeland Security
National Traininq Proqram - Continuinq Traininq Grant Proqram fundino in the
approximate amount of $1.3 Million for a Disaster Preparedness and Communitv
Resilience Traininq Proq ram
The Homeland Security National Training Program, National Domestic Preparedness
Consortium plays an important role in the implementation of the National Preparedness
System bysupporting the building, sustainment, and deliveryof core capabilities essentialto
achieving the National Preparedness Goal of a secure and resilient Nation. The purpose of
FEMA's Continuing Training Grants Program is to develop and deliver a national training
program that provides tailored, specialized training to first responders, homeland
security/emergency management officials, and/or citizens to meet emerging training needs
to help prevent, mitigate, protect against, respond to, and recover from disasters.
The Administration intends to apply for funding in the approximate amount of $1 .3 million for
a training program to engage and train the Business and lndustry sector in Disaster
preparedness and community resiliency. The Department of Homeland Security focuses on
a community-centric approach for emergency management that places emphasis on
strengthening and leveraging what works well in communities on a daily basis offers an
effective path to building societal security and resilience. As such, this project will have a
public private partnership focus. The grant does not require matching funds and supports
the key intended outcome to enhance external and internal communication from and within
the City.
4. Retroactive approval to submit a qrant application to Lowe's Keep America Beautiful
(KAB) Communitv lmprovement Grant Prooram for fundino for communitv qardens,
in the amount of $20,000
Keep America Beautiful (KAB) is the nation's leading nonprofitthat brings people togetherto
build and sustain vibrant communities. With a strong national network of 1,200 affiliates and
partners including state recycling organizations, KAB works with millions of volunteers who
take action in their communities. Keep America Beautiful offers programs and engages in
public-private partnerships that help create clean, beautiful public places, reduce waste and
increase recycling while educating generations of environmental stewards. Keep America
Beautiful's partnerships with sponsors in the business community provide significant grants
that can be used for creating and expanding local programs. These competitive grants
357
Commission Memorandum
Page 4
promote volunteerism, beautification, community greening, litter prevention, recycling, waste
reduction and more. ln the last few years, KAB affiliates have received grants and in-kind
services valued at more than $10 million. These significant grants further KAB's mission to
build and sustain vibrant communities. The Lowe's Community Partnership grant supports
community improvement initiatives ranging from creating community gardens and
augmenting recycling programs to planting trees and leading disaster restoration projects.
ln order to submit the grant prior to the grant deadline, the Administration has submitted an
application in the amount of $20,000 for funding to make the Pinetree Community Garden
ADA Accessible. This grant does not require matching funds and supports the key intended
outcome to maximize the Miami Beach brand as a world class destination.
5. Retroactive approval to submit a qrant application to the Florida Department of
Transportation, Public Transit Service Development Proqram, in the aporoximate
amount of $812.000 for fundino the North Beach Trollev Route Proiect
The Public Transit Service Development Program was enacted bythe Florida Legislature to
provide initial funding for special projects. The Public Transit Service Development Program
is authorized in Chapter 341, Florida Statutes. The program goal is to provide new and
innovative techniques or measures that can be used to improve or expand public transit
services. Service Development Projects include projects involving the use of new
technologies; services, routes, or vehicle frequencies; the purchase of special transportation
services; and other such techniques for increasing service to the riding public.
The City of Miami Beach is requesting FY 2016 funding in the amount of $812,000 for
Operating & Maintenance for costs of a new public transit trolley in North Beach that will
provide a uniquely configured local circulator route to complement the existing Miami Dade
Transit (MDT) bus service and the Miami Beach North Beach Enterprise Zone, while
providing support for future transportation plans such as MDT's restructuring/consolidation
plan, adjacent municipalities' (Surfside and North Bay Village) transit plans, and the City of
Miami Beach Coastal Communities. The Miami Dade MPO North/Middle Beach Transit
Study (2012) supports the need for the North Beach circulator bus route. This uniquely
configured local circulator route is intended to serve high rise condominiums, apartment
buildings, and hotels as well as carry residents and visitors to/from work and non-work
destinations such as restaurants, entertainment venues, shopping centers, and recreation
and education facilities. The route includes viable transfer stop locations between regional
MDT services and the proposed local route. Also the trolley stations will serve existing
DecoBike rental locations. The trolley route seeks to improve transit service by providing
collection, circulation, and distribution of local trips within the city of Miami Beach.
Coordination with MDT and with adjacent municipalities (Surfside and North BayVillage) has
occurred throughout the planning process. Also, various public involvement meetings have
been organized by the City of Miami Beach. The North Beach Trolley Route has local
support from the residents and business owners of North Beach. This grant requires $1:$1
in matching funds. The City has matching funds in the amount of $812,000 in Quality of Life
Transportation funds. This project supports the key intended outcome to commission a
comprehensive mobility plan which gives priority recommendations (from non-vehicular to
vehicular and including parking).
358
Commission Memorandum
Page 5
6. Retroactive approval for the submittal of a qrant application bv Florida lnternational
Universitv (FlU), with the Citv of Miami Beach as co-sponsor and participant, and FIU
as applicant. to the Florida Sea Grant Advisorv Council. Florida Sea Grant Colleoe
Prooram. for funds in the approximate amount of $200.000 for the citv's sea level
rise awareness proqram
Florida Sea Grant is a university-based program that supports research, education and
extension to conserve coastal resources and enhance economic opportunities forthe people
of Florida. The program is a partnership between the Florida Board of Education, the
National Oceanic and Atmospheric Administration, and Florida's citizens and governments
whose education and outreach programs are done in partnership with the University of
Florida and coastal counties of Florida. The Florida Sea Grant Advisory Council is
comprised of leaders from the private sector, non-governmental organizations, local
governments, and state and federal agencies who are actively engaged in issues related to
the sustainable management of Florida's coastal and marine economies and natural
resources. Focus areas of the Florida Sea Grant Program are: Healthy Oceans and Coasts;
Sustainable CoastalCommunities and Economies;Safe and Sustainable Seafood;Hazard-
Resilient and Climate-Ready Coasts and Environmental Education and Workforce
Development.
Each project must have a Principal lnvestigator, who has documented expertise in the
specific area of proposed research. As such, the City will partner with Florida lnternational
University (FlU) on this project. FIU will serve as the lead applicant, and the city will be a
participant and co-sponsor of the program. The project will be in the form of a documentary
and the objective of the prolect will be to increase awareness of potential sea level rise
impacts and to document the behaviors of Miami Beach citizens, business leaders, and
public officials in the process of creating a resilient city from the inside out.
The application will request approximately $200,000 in federalfunds, and every $2 federal
must be matched by $1 from non-federal sources. FIU and the City will each contribute to
the match. The City will provide $80,000 in matching funds for this project. The City's
matching funds, in the amount of $80,000 will be requested through the FY 2014115 Budget
Process. FIU willcontribute $20,000 in matching funds to the project. This projectsupports
the key intended outcome to ensure reliable stormwater management by implementing
select short and long- term solutions including sea-level rise.
CONCLUSION
A Resolution of the Mayorand City Commission approving and authorizing the City Manager
or his designee to take the following actions: 1) Submit a grant application to Miami-Dade
Countyfor FY 2014115 Edward Byrne Memorial Justice Assistance Grant Program Funds in
the approximate amount of $10,000 for the City's Records lmprovement Program; 2) Submit
a grant application to Florida Department of Transportation (FDOT), High Visibility
Enforcement for Pedestrian and Bicycle Safety Grant Program for the City's High Visibility
Enforcement Program in the approximate amount of $200,000; 3) Submit a grant
application to the US Department of Homeland Security, Federal Emergency Management
Agency for FY 2014 Homeland Security National Training Program - Continuing Training
Grant Program for funding in the approximate amount of $1.3 million for a disaster
preparedness and Community Resilience Training Program; and further, retroactively
359
Commission Memorandum
Page 6
approving the following: 4) Submittal of a grant application to Lowe's Keep America Beautiful
Community lmprovement Grant Program for funding for Community Gardens, in the amount
of $20,000; 5) Submittal of a grant application to the US Department of Transportation,
Public Transit Service Development Program, in the approximate amount of $812,000 for
funding forthe North Beach Trolley Route Project; and 6) Submittal of a grant application by
Florida lnternational University (FlU), with the City of Miami Beach as co-sponsor and
participant, and FIU as applicant, to the Florida Sea Grant Advisory Council, Florida Sea
Grant College Program, forfunds in the approximate amount of $200,000 forthe City's Sea
Level Rise Awareness Program; and, further, retroactively approving the following: if
approved and accepted by the City and authorizing the execution of all necessary
documents related to the aforestated applications, including, without limitation, audits, and
authorizing the City Manager or his designee to take all necessary actions related to these
grants and funding requests.
JLM/JW/JMH
T:\AGENDA\2O1 4\July 201 4\Grants Memo.doc
360
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAM!
BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT
APPLICATION TO MIAMI-DADE COUNTY FOR FY 2014115 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS, IN THE
APPROXIMATE AMOUNT OF $1O,OOO, FOR THE C!ry'S RECORDS IMPROVEMENT
PROGRAM; 2) SUBMIT A GRANT APPLICATION TO FLORIDA DEPARTMENT OF
TRANSPORTATTON (FDOT), HIGH VrSrBlLrTy ENFORCEMENT FOR PEDESTRTAN
AND BICYCLE SAFETY GRANT PROGRAM FOR THE CIry'S HIGH VISIBILITY
ENFORCEMENT PROGRAM, IN THE APPROXIMATE AMOUNT OF $2OO,OOO; 3)
SUBMIT A GRANT APPLICATION TO THE US DEPARTMENT OF HOMELAND
SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY FOR FY 201412015
HOMELAND SECURITY NATIONAL TRAINING PROGRAM - CONTINUING TRAINING
GRANT PROGRAM FUNDING, IN THE APPROXIMATE AMOUNT OF $1.3 MILLION,
FOR A DISASTER PREPAREDNESS AND COMMUNITY RESILIENCE TRAINING
PROGRAM; AND FURTHER APPROVING, RETROACTIVELY, THE FOLLOWING: 4)
SUBMITTAL OF A GRANT APPLICATION TO LOWE'S KEEP AMERICA BEAUTIFUL
COMMUNITY IMPROVEMENT GRANT PROGRAM FOR FUNDING FOR COMMUNITY
GARDENS, lN THE AMOUNT OF $20,000; 5) SUBMITTAL OF A GRANT APPLICATION
TO THE US DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSIT SERVICE
DEVELOPMENT PROGRAM, FOR FY 2015.2016, IN THE APPROXIMATE AMOUNT OF
$812,000, FOR FUNDING OF THE NORTH BEACH TROLLEY ROUTE PROJECT; AND
6) SUBMTTTAL OF A GRANT APPLTCATTON BY FLORTDA INTERNATTONAL
UNTVERSTTY (FtU), WrTH THE CIry OF MIAMT BEACH AS CO-SPONSOR AND
PARTICIPANT, AND FIU AS APPLICANT, TO THE FLORIDA SEA GRANT ADVISORY
GOUNCIL, FLORIDA SEA GRANT COLLEGE PROGRAM, FOR FUNDS IN THE
APPROXIMATE AMOUNT OF $2OO,OOO, FOR THE CITY'S SEA LEVEL RISE
AWARENESS PROGRAM; APPROVING AND AUTHORIZING THE APPROPRIATION
OF THE ABOVE GRANTS AND FUNDING REQUESTS, INCLUDING ANY REQUISITE
MATCHING FUNDS AND CITY EXPENSES; AND FURTHER AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY STEPS AND EXECUTE
ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE AFORESTATED
GRANTS AND FUNDING REQUESTS, INCLUDING, WITHOUT LIMITATION,
APPLICATIONS, GRANT/FUN DI NG AGREEM ENTS AN D AU DITS.
WHEREAS, Administration requests approval to submit an application to Miami-
Dade County for FY 201412015, for the Edward Byrne Memorial Justice Assistance Program
funds (the JAG Program), in the approximate amount of $10,000, for the Police
Department's Records lmprovement Program (eticketing), the details of which are, as
follows:
these federal funds are passed through from the US Department of Justice to the
State of Florida, Department of Law Enforcement and then to Miami-Dade
County to disburse to local municipalities and it is the Administration's intent to
apply for funds from the County's allocation;
the JAG Program is the primary provider of federal criminal justice funding to
state and local jurisdictions, and they support all components of the criminal
justice system, from multijurisdictional drug and gang task forces to crime
prevention and domestic violence programs, courts, corrections, treatment,
A.
B.
361
technology improvement programs and justice information sharing initiatives;
C. eticketing enables the Police Department to comply with Florida Department of
Law Enforcement's requirements of providing validated statistics, be allowing
officers to write police reports electronically, and digitally transmit them through
the approval process to merge with the Records Management System; and
D. this grant does not require matching funds; and
WHEREAS, the Administration requests approval to submit an application to the
Florida Department of Transportation High Visibility Enforcement for Pedestrian and Bicycle
Safety Program, in the approximate amount of $200,000, for the Police Department
Pedestrian and Bicycle Safety lnitiative, the details of which are, as follows:
A. Florida Department of Transportation (FDOT) has funding available for law
enforcement agencies that initiate High Visibility Enforcement (HVE) campaigns
to keep pedestrians and bicyclists safe on Florida's roadways and this new
funding is available through Florida's Bicycle/Pedestrian Focused lnitiative;
B. in 2011, traffic crashes in Florida resulted in 497 pedestrian fatalities, 6,194
pedestrian injuries, 120 bicyclist fatalities, and 4,632 bicyclist injuries, and, based
on the National Highway Traffic Safety Administration Traffic Safety Facts, these
rates nearly double the natlonal average for pedestrians and nearly triple the
national average for bicyclists;
C. FDOT is looking to partner with law enforcement agencies to conduct HVE
campaigns in high impact areas in conjunction with other education efforts, and
FDOT's HVE program will allow the City's Police Department to continue its high
visibility enforcement program to keep pedestrians and bicyclists safe on Miami
Beach roadways; and
D. this grant does not require matching funds; and
WHEREAS, the Administration is requesting to submit a grant application to the US
Department of Homeland Security, Federal Emergency Management Agency for FY
201412015 Homeland Security National Training Program - Continuing Training Grant
Program funding, in the approximate amount of $1.3 Million, for a Disaster Preparedness
and Community Resilience Training Program, the details of which are, as follows:
A. the Homeland Security National Training Program, National Domestic
Preparedness Consortium plays an important role in the implementation of the
National Preparedness System by supporting the building, sustainment, and
delivery of core capabilities essential to achieving the National Preparedness
Goal of a secure and resilient Nation;
B. the Administration intends to apply for funding in the approximate amount of $1.3
million for a training program to engage and train the Business and lndustry
sector in Disaster preparedness and community resiliency with a public private
partnership focus; and
C. this grant does not require matching funds; and
WHEREAS, in order to meet the grant deadline, the Administration is requesting
retroactive approval (application has already been submitted) to submit a grant application
to Lowe's Keep America Beautiful (KAB) Community lmprovement Grant Program, in the
amount of $20,000, which will be used by the City to make the Pinetree Community Garden
ADA Accessible, the details of which are, as follows:
362
A. Lowe's Keep America Beautiful (KAB) is the nation's leading nonprofit that brings
people together to build and sustain vibrant communities and offers programs
and engages in public-private partnerships that help create clean, beautiful public
places, reduce waste and increase recycling while educating generations of
environmental stewards;
B. the KAB Community Partnership grant supports community improvement
initiatives ranging from creating community gardens and augmenting recycling
programs to planting trees and leading disaster restoration projects; and
C. this grant does not require matching funds; and
WHEREAS, in order to meet the grant deadline, the Administration is requesting
retroactive approval (application has already been submitted) to submit a grant application
to the Florida Department of Transportation, Public Transit Service Development Program,
for FY 201512016 funding, in the amount of $812,000, for the funding of the North Beach
Trolley Route Project, the details of which are, as follows:
A. Public Transit Service Development Program was enacted by the Florida
Legislature to provide initial funding for special projects and is authorized in
Chapter 341, Florida Statutes, and the program goal is to provide new and
innovative techniques or measures that can be used to improve or expand public
transit services;
B. These funds will be used for the operation & Maintenance costs of a new public
transit trolley in North Beach that will provide a uniquely configured local
circulator route to complement the existing Miami Dade Transit bus; and
C. this grant requires $1:$1 in matching funds, and the City has matching funds in
the amount of $812,000 in Quality of Life Transportation funds; and
WHEREAS, the Administration requests retroactive approval (application has
already been submitted) for the submittal of a grant application by FlU, with the City of
Miami Beach as co-sponsor and participant, and FIU as applicant, to the Florida Sea Grant
Advisory Council, Florida Sea Grant College Program, for funds in the approximate amount
of $200,000, for the City's sea level rise awareness program, the details of which are, as
follows:
A. Florida Sea Grant is a university-based program that supports research,
education and extension to conserve coastal resources and enhance economic
opportunities for the people of Florida and the program is a partnership between
the Florida Board of Education, the National Oceanic and Atmospheric
Administration, and Florida's citizens and governments;
B. each Florida Sea Grant project must have a Principal lnvestigator, who has
documented expertise in the specific area of proposed research, and, as such,
the City will partner with Florida lnternational University (FlU) on this project;
C. FIU will serve as the lead applicant and the city will be a participant and co-
sponsor of the program and the project will be in the form of a documentary and
the objective of the project will be to increase awareness of potential sea level
rise impacts and to document the behaviors of Miami Beach citizens, business
leaders, and public officials in the process of creating a resilient city from the
inside out; and
D. the Administration will request approximately $200,000 in federal funds, and for
every $2 in federal funds, there must be match by $1 from non-federal sources;
and
363
E. the City and FIU will both contribute matching funds to the project, with FIU
contributing $20,000 and the City contributing $80,000, which City funds will be
requested through the FY 2014115 Budget Process.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission
hereby approve and authorize the City Manager or his designee to take the following
actions: 1) Submit a grant application to Miami-Dade County for FY 2014115 Edward Byrne
Memorial Justice Assistance Grant Program Funds, in the approximate amount of $10,000,
for the City's Records lmprovement Program; 2) Submit a grant application to Florida
Department of Transportation, High Visibility Enforcement for Pedestrian and Bicycle Safety
Grant Program for the City's High Visibility Enforcement Program, in the approximate
amount of $200,000; 3) Submit a grant application to the US Department of Homeland
Security, Federal Emergency Management Agency for FY 201412015 Homeland Security
National Training Program - Continuing Training Grant Program, for funding in the
approximate amount of $1.3 million, for a disaster preparedness and Community Resilience
Training Program; and further approve, retroactively, the following: 4) Submittal of a grant
application to Lowe's Keep America Beautiful Community lmprovement Grant Program for
funding for Community Gardens, in the amount of $20,000; 5) Submittal of a grant
application to the US Department of Transportation, Public Transit Service Development
Program, for FY 2015-2016, in the approximate amount of $812,000, for funding of the
North Beach Trolley Route Project; and 6) Submittal of a grant application by Florida
lnternational University (FlU), with the City of Miami Beach as co-sponsor and participant,
and FIU as applicant, to the Florida Sea Grant Advisory Council, Florida Sea Grant College
Program, for funds in the approximate amount of $200,000, for the City's Sea Level Rise
Awareness Program; approve and authorize the appropriation of the above grants and
funding requests, including any requisite matching funds and City expenses; and further
authorize the City Manager or his designee to take all necessary steps and execute all
necessary documents, in connection with the aforestated grants and funding requests,
including without limitation, audits.
PASSED and ADOPTED this day of ,2014.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
JLM/JW/JMH
T:\AGENDA\201 4\July\Grants Reso.doc
364
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Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Authorizing The MayorAnd City
Clerk To Execute Amendment No. 8 To The Professional Services Agreement With Atkins North America, For
Extended Construction Administrative And Resident Project Representative Services, ForThe South Point Park Pier
Project; ln The Not to Exceed Amount Of $45,989 With Previously Appropriated Funding From Fund 388 MDC CDT
I nterlocal-CDT/Resort Tax.
COMMISSION ITEM SUMMARY
lntended Outcome
Ensure Value and Timelv Deliverv of Qualitv Caoital Proiects
Supporting Data (Surveys, Envaronmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that
over 87o/o and 83% of City residents and businesses respectively, rated the appearance and maintenance of public
buildings as excellent or good; and over 81% of residents rated recently completed capital improvement projects as
excellent or qood.
lssue:
Item Summary/Recommendation :
On April 13,2011 , the City Commission pursuant to Request for Qualifications (RFQ) No. 04-10111 , adopted Resolution
No. 201 1-27628, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement
with Atkins North America, lnc. (Atkins) for Professional Services for the South Pointe Pier Project.
On February 9, 2012, Amendment No. 1 to the Agreement was executed approving additional services required
pursuant to the USACOE permit RAl process related to a new coral recipient site in Govemment Cut, in the not-to-
exceed amount of $12,950. Subsequently, on July 1, 2012, Amendment No. 2 to the Agreement was executed to
provide additional bidding and award services required under a Construction Management at Risk method of
procurement in the not-to-exceed amount of $11,974. Amendment No. 3 for an amountof $15,120 is pending approval.
On January 16,2013,the Mayorand City Commission adopted Resolution No.2013-28106 approving Amendment No.
4 in the not-to-exceed amount of $300,852. On June 28,2013, Amendment No. 5 to the Agreement was executed to
provide material and laboratory testing services in the not-to-exceed amount of $9,032.
On February 24, 2014, pursuant to Resolution 2014-28464, Amendment No. 6 to the Agreement was executed to
provide extended Construction Administration and Resident Project Representative services in the not-to-exceed
amount of $81,000. On March 10, 2014, Amendment No. 7 to the Agreement in the not-to-exceed amountof $4,008.36
was executed to provide additional material testing
Pursuant to approval of Amendment No. 8 the Construction Administration and Resident Project Representative
services will be extended for a period of up to three (3) months for a total not-to-exceed amount of $45,989. Atkins'
revised contract amount will total $834,805.36. The additional services will be added to the Atkins Professional Services
Agreement as requested by the City.
The Administration has determined that additional services are wananted due to 75 calendar days the project is
delayed, not due to the consultant fault. On May 22,2014, the Construction Manager at Risk was issued a Notice-Of-
Default identifying project delays and not achieving substantial completion as per approved project schedule.
The negotiated price submitted by Atkins has been reviewed by City staff and found to be fair and reasonable.
The Administration recommends of the resolution.
Advisory Board Recommendation:
Financial
lnformation:
Amount Account
1 $45,989 388-2577-067357
2
Total $45,989
Financial lmpact Summary:
Roberto Rodriguez, Ext. 6'122
Point Park Pier - Atkind
AGENDA 'Tri,i
C?BE MIAMIBEACH DATE366
E MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive. Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Phillip Levine and Members olthe City
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEAGH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 8 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH
AMERICA, INC. FOR EXTENDED CONSTRUCTION ADMINISTRATION
AND RESIDENT PROJECT REPRESENTATIVE SERVICES, FOR THE
SOUTH POINTE PARK PIER PROJECT; lN THE NOT TO EXCEED
AMOUNT OF $45,989, WITH PREVIOUSLY APPROPRIATED FUNDING
FROM FUND 388, MDC CDT INTERLOCAL.CDT/RESORT TA)(
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Ensure Value and Timely Delivery of Quality Capital Projects.
FUNDING
Funding has been previously appropriated from Fund 388, South Pointe Capital Fund.
BACKGROUND
On April 13, 2011, the City Commission pursuant to Request for Qualifications (RFO) No. 04-
10111 , adopted Resolution No. 201 1-27628, approving and authorizing the Mayor and City Clerk
to execute a Professional Services Agreement with Atkins North America, lnc. (Atkins) for
Professional Services for the South Pointe Pier Project in the amount of $369,000.
On February 9, 2012, Amendment No. 1 to the Agreement was executed approving additional
services required pursuant to the USACOE permit RAI process related to a new coral recipient
site in Government Cut, in the not-to-exceed amount of $12,950. Subsequently, on July 1 ,2012,
Amendment No. 2 to the Agreement was executed to provide additional bidding and award
services required under a Construction Management at Risk method of procurement in the not-
to-exceed amount of $1 1 ,974. Amendment No. 3 for an amount of $15,120 is pending approval.
On January 16, 2013, the Mayor and City Commission adopted Resolution No. 2013-28106
approving Amendment No. 4 to the Agreement to provide supplemental Construction
Administration services in the not-to-exceed amount of $300,852. On June 28, 2013,
Amendment No. 5 to the Agreement was executed to provide material and laboratory testing
services for the project in the not-to-exceed amount of $9,032. On February 24,2014, the Mayor
and City Commission adopted Resolution No. 2014-28464 approving Amendment No. 6 to the
Agreement to provide extended Construction Administration and Resident Project
Representative Services in the not-to-exceed amount of $81,000 for a period of three months,
"4""
367
Commission Memorandum - Atkins North America
Amendment 8 for South Pointe Park Pier Project
July 23, 2014
Page 2 of 2
due to approved time extension to Construction Contract. On March 10,2014, Amendment No.
7 to the Agreement was executed to provide additional material and laboratory testing services
in the not-to-exceed amount of $4,008.36.
ANALYSIS
Due to the Construction Manager at Risk (CMR) delay in completing the p@ect, the
Administration has determined that additional services are warranted to Atkins. The completion
of the project has been delayed by approximately 75 days, at no fault of the Consultant. On May
22, 2014, the CMR was issued a Notice-Of-Default identifying project delays and not achieving
substantial completion as per approved project schedule.
Pursuant to approval of Amendment No. 8, the Construction Administration and Resident
Project Representative services are required for the continued monitoring of the construction
phase and environmental permitting requirements for an additional period of three (3) months.
Amendment No. 8 is for a total not-to-exceed amount of $45,989. Atkins' revised contract
amount will total $834,805.36. The additional services will be added to the Atkins Professional
Services Agreement as requested by the City (see attached).
The negotiated price submitted by Atkins has been reviewed by City staff and found to be fair
and reasonable.
GONCLUSION:
The Administration recommends that a Resolution of the Mayor and City Commission of the City
of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 8 to
the professional services agreement with Atkins North America, lnc. for extended Construction
Administration and Resident Project Representative services, for a period of up to three (3)
months, for the South Pointe Park Pier Project; in the negotiated not-to-exceed amount of
$45,989 with previously appropriated funding from Fund 388, MDC CDT lnterlocal-CDT/Resort
Tax.
.,*m,
ATTACHMENT - Atkins Amendment No. 8
T:\AGENDA\2014\July\ClP\Atkins\South Pointe Pa* Pier Atkins Amendment 8 - MEMO.docx
368
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY GLERK TO EXEGUTE AMENDMENT NO. 8 TO
THE PROFESSIONAL SERVIGES AGREEMENT WITH ATKINS NORTH
AMERICA, INC., DATED MAY 9, 2011, FOR EXTENDED
CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT
REPRESENTATIVE SERVICES, FOR THE SOUTH POINTE PARK PIER
PROJEGT, IN THE NOT TO EXCEED AMOUNT OF $45,989, WITH
PREVIOUSLY APPROPRIATED FUNDING FROM FUND 388, MDC CDT
I NTERLOCAL.CDT/RESORT TAX.
WHEREAS, pursuant to Request for Qualifications (RFO) No. 04-'10/11, the Mayor
and City Commission adopted Resolution No. 201 1-27628 on April 13,2011, approving and
authorizing the Mayor and City Clerk to execute a Professional Services Agreement
(Agreement) with Atkins North America, lnc. for Professional Services for the South Pointe
Park Pier Project (Project); and
WHEREAS, the Agreement provides for the design, bid, award and construction
administration services for the Project, in the not-to-exceed amount of $369,000; and
WHEREAS, on February 9, 2012, Amendment No. 1 to the Agreement was
executed, approving additional services required pursuant to the USACOE permit RAI
process related to a new coral recipient site in Government Cut, in the not-to-exceed amount
of $12,950; and
WHEREAS, on July 1, 2012, Amendment No. 2 to the Agreement was executed,
approving additional bidding and award services required under a Construction Management
at Risk method of procurement, in the not-to-exceed amount of $'11 ,974; and
WHEREAS, Amendment No. 3 to the Agreement is pending approval for additional
coordination in the FDEP - CCCL permit RAI process, in the not-to-exceed amount of
$15,120; and
WHEREAS, on January 16, 2013, pursuant to Resolution 2013-28106, Amendment
No. 4 to the Agreement was approved for an amount of $300,852, as supplemental
Construction Administration services for an on-site representative, to monitor the
construction and environmental permltting requirements for a period of twelve (12) months;
and
WHEREAS, on June 28, 2013, Amendment No. 5 to the Agreement was executed
approving material and laboratory testing services, in the not-to-exceed amount of $9,032;
and
WHEREAS, on February 24,2014, pursuant to Resolution 2014-28464, Amendment
No. 6 to the Agreement was executed to provide extended Construction Administration and
Resident Project Representative services, in the not-to-exceed amount of $81,000, for a
period of 3 (three) months; and
369
WHEREAS, on March 10, 2014, Amendment No. 7 to the Agreement, in the not-to-
exceed amount of $4,008.36, was executed to provide additional material testing; and
WHEREAS, the Administration has determined that additional services for the Project
are warranted. The completion of the project has been delayed by approximately 75 days, at
no fault of the Consultant. On May 22,2014, the Construction Manager at Risk was issued a
Notice-Of-Default identifying Project delays and the failure to achieve substantial completion
as per the approved Project schedule; and
WHEREAS, the total value of the revised agreement, including Amendment No. 8, is
$834,805.36.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND GITY COMMISSION
OF THE Clry OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the
City of Miami Beach, Florida, hereby authorize the Mayor and City Clerk to execute
Amendment No. 8 to the Professional Services Agreement with Atkins North America, dated
May 9, 2011, attached here to and incorporated by reference herein, for extended
Construction Administration and Resident Project Representative services, for a period of up
to three (3) months, for the South Pointe Park Pier Project, for a total negotiated not-to-
exceed amount of $45,989; with previously appropriated funding from Fund 388, MDC CDT
I nterlocal-CDT/Resort Tax.
PASSED AND ADOPTED THIS
ATTEST:
DAY OF 2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
tlr4(r +
---Dote
T \AGENDA\2014\July\Atkins\South Point Park - Atkins Amendment 8 RESO (2) doc
370
AMENDMENT NO. 8
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
ATKINS NORTH AMERICA, INC.,
DATED May 9,2011
FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT
REPRESENTATIVE (RPR) SERVTGES tN THE NOT-TO-EXGEED AMOUNT OF $45,989
ThisAmendmenttotheAgreementmadeandenteredthis-dayof-,2014,byand
between the City of Miami Beach, a Municipal Corporation existing under the laws of the State of
Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida 33139, and Atkins North America, lnc., a Florida Corporation having its
principal office at 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida, 33607 (hereinafter
referred to as CONSULTANT).
RECITALS
WHEREAS, pursuantto RequestforQualifications (RFO)No. 04-10/11, the Mayorand City
Commission adopted Resolution No. 201 1-27628 on April 13,2011, approving and authorizing the
Mayor and City Clerk to execute a Professional SeMces Agreementwith Atkins North America, lnc.,
(CONSULTANT) for Professional Services for the South Pointe Pier Project (PROJECT); and
WHEREAS, the Agreement provides for the design, bid, award and construction
administration services for the South Pointe Pier Project in the notto-exceed amount of $369,000;
and
WHEREAS, on February 9, 2012, Amendment No. 1 to the Agreement was executed
approving additional services required pursuant to the USACOE permit RAI process related to a new
coral recipient site in Government Cut, in the not-to-exceed amount of $12,950; and
WHEREAS, on July 1 ,2012, Amendment No. 2 to the Agreement was executed to provide
additional bidding and award services required undera Construction Managementat Risk method of
procurement in the not-to-exceed amount of $11,974; and
WHEREAS, Amendment No. 3 to the Agreement shall be executed to provide additional
coordination in the FDEP - CCCL permit RAI process in the not-to-exceed amount of $15,120; and
WHEREAS, on January 16,2013, the Mayor and City Commission adopted Resolution No.
2013-28106 approving Amendment No. 4 to the Agreement to provide supplemental Construction
Administration services in the not-to-exceed amount of $300,852; and
WHEREAS, on June 28,2013,Amendment No.5totheAgreementwas executed to provide
material and laboratory testing services in the not-to-exceed amount of $9,032; and
WHEREAS, on February24,2014. pursuantto Resolution20l4-28464, Amendment No.6 to
the Agreementwas executed to provide extended Construction Administration and Resident Project
Representative services in the not-to-exceed amount of $81,000 for a period of 3 (three) months;
and
WHEREAS, on March 10,2014, Amendment No. 7 to the Agreement in the not-to-exceed
amount of $4,008.36 was executed to provide additional materialtesting; and
371
WHEREAS, this Amendment No. 8 to the Agreement was executed to provide extended
Construction Administration and Resident Project Representative services in the not-to-exceed
amount of $45,989 for a period of three (3) months; and
WHEREAS, the total revised agreement including Amendment No. 8 is $834,805.36.
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, correct and are incorporated as part of this Amendment No. 8.
2. MODIFICATIONS
The Agreement is amended to include "Exhibit A-8", which is attached and incorporated
herein.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this
Amendment No. 8.
lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 8 above.
ATTEST:CITY OF MIAMI BEACH
By.
Gity Clerk
ATTEST:
By
TITLE:
Print Name
ATTACHMENT A: Exhibit A-8 - including Schedute
Compensation and Schedule C - Hourly Billing Rates
Gity Mayor
CONSULTANT:
ATKINS NORTH AMERICA, ING.,
TITLE:
Print Name
APPROVED AS TO
A- Scmemfiq}n iffieLB@Ed ule B-Consultant's
& FOR EXECUTION
:}.{ p..t-
City Attomey
372
ATKINS
EXHIBIT A.8
SCHEDULE A
TO THE PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC,
SCOPE OF SERVICES
Extended Construction Administration Services for the South Pointe Park Pier Project:
As extended services to the TASK 4 - CONSTRUCTION ADMINISTRATION SERVICES, Atkins North
America, lnc. (CONSULTANT) shall perform Construction Administration Services as described herein for
an extended period of three (3) calendar months to July 31,2014.
The extended service period will enable the CONSULTANT to perform necessary Construction
Administration and Special lnspector Services in concert the latest construction schedule which shows
the project is to be Substantially Completed on July 04,2014.
The duration of the CONSULTANT Construction Administration and Special lnspector Services was
initially established as twelve (12) consecutive months. Amendment No.6 to the Professional Services
Agreement extended the CONSULTANT services an additional three (3) months for a total service period
of fifteen (15) consecutive months. This Amendment will extend the service period an additional three (3)
months for a CONSTRUCTION ADMINISTMTION SERVICE period of eighteen (18) consecutive
months, which coincides with the latest construction schedule.
Task 4: Extended Gonstruction Administration Services
The CONSULTANT will provide Construction Administration Services during the extended three (3)
month service period from May 01 through July 31, 2014.The services listed below are those services
which require extension and these are described under the Professional Services Agreement, Schedule A
- Scope of Services. Other tasks not listed herein are already completed or do not need to be extended
since they have not been undertaken as yet.
Task 4.2 - Weekly Construction Progress Meetings
Task 4.3 - Requests for lnformation/Contract Document Clarifications (RFl's and GDC's)
Task 4.4 - Requests for Changes to Construction Cost and/or Schedule
Task 5: Extended Special lnspection Services:
The CONSULTANT will continue to provide the services of an on-site, full time construction
representative acting as a Special lnspector, to provide oversight of the Construction Manager at Risk's
(CONTRACTOR's) project progress and quality control programs as well as, to facilitate coordination
between the design team, the CONTMCTOR, the CITY and applicable regulatory agencies. The
CONSULTANT will continue to perform project documentation work off-site, in a construction field office
provided by the CONTMCTOR, the CITY and/or at the home office of the CONSULTANT.
The CONSULTANT will provide Special lnspector Services on a full-time basis during the extended
service period through July '15, 2014,'tt deemed desirable and necessary by the CITY.
Page 1 of6
373
Task 5.7.1 General Coordination: The CONSULTANT will communicate periodically with the CITY
and CITY's inspector related to progress on the project and any issues that are being addressed. The
CONSULTANT will report on concerns as it relates to the construction effort and activities. ln addition, the
CONSULTANT shall also coordinate with the contractor's Public lnformation Officer where notifications
such as utility outages, road closures, etc. may be required. The CONSULTANT will monitor and verify
that the CONTMCTOR has made the required notifications to the utility owners, residents and
businesses as may be required.
Task 5.7.2 Full-Time Field Representative lnspections: The CONSULTANT will conduct field
inspections throughout the extended service phase on a full-time basis through July 15, 2014,ifdeemed
desirable and necessary by the CITY.
The field representative shall be present at the construction site daily during the construction phase of the
project and will be expected to be available, as needed, throughout the CONTMCTOR's 8-hour work
day, 4O-hour work week, excluding weekends and CITY holidays. The CONSULTANT may perform
project documentation work off-site, in a construction field office provided by the CONTMCTOR, the
CITY or at the home office of the CONSULTANT.
Task 5.7.3 Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite,
the CONSULTANT will check the materials certifications and samples and verify that an approved shop
drawing was submitted for the material in question. lf it is determined that a submittal as not been
approved, the CONSULTANT shall immediately notif,7 the CITY and issue a Non-Compliance Notice. The
CONSULTANT will direct and supervise the sampling and testing of materials to be performed by the
CIW's independent testing laboratory. The CONSULTANT shall maintain test report logs which shall be
submitted to the CITY for review on a monthly basis and uploaded to the CITY's E-Builder document
managernent system on a weekly basis. CONSULTANT shall also review invoices submitted by the
independent testing laboratories and recommend payment by the CITY.
Task 5.7.4lssuance of Non-compliance Notices: The CONSULTANT will be responsible for notifying
the CITY when they become aware of a condition that is believed to be in non-compliance with
Construction Documents. Anytime the CONSULTANT notices a potential construction problem or a
condition that could result in non-complying materials, equipment or workmanship, the CONSULTANT will
need to determine whether the condition poses an immediate threat to public health or safety. lf a
condition does not pose a threat to public health or safety, immediate verbal notification or "Pre-
Noncompliance Notice" of the potential non-compliance should be made to the CONTMCTOR and the
CITY. This verbal notice shall be documented in the CONSULTANT's daily report and shall advise the
CONTRACTOR of potential construction problems, errors, or deflciencies that can be promptly resolved
and do not warrant a Non-compliance Notice. lf the CONTMCTOR fails to respond to the verbal
notification within a reasonable timeframe, the CONSULTANT will notify the CITY and the CIW's Projects
Coordinator will issue a Non-compliance Notice. lf a condition poses an immediate threat to public health
or safety, the CONSULTANT will notify the CONTMCTOR and CITY immediately and the CITY's
Projects Coordinator will issue a Non-compliance Notice to the Contractor. Non-compliance Notices will
include a description of the Work that does not meet the construction contract requirements, along with a
required timetable for corrective work to be implemented by the Contractor. Other items that should be
included in the Notice include a reference to the provision of the Construction Documents that has been
violated.
Task 5.7.5 Damage to Existing Facilities: The CONSULTANT will identify any existing facilities
damaged by the CONTMCTOR and verify that the CONTMCTOR has notified the respective owner(s).
lnclude record of such occurrences in the daily reports.
Task 5.7.6 Schedule: CONSULTANT will review the construction schedule, monitor the progress of
construction, and ensure that Contractor's adherence to the schedule. The CONTMCTOR will be
required to submit a detailed schedule to the CONSULTANT at the pre-construction meeting. This
schedule will be reviewed and approved by the CONSULTANT and the ClW. This schedule will be
updated on a by weekly basis by the Contractor; however, the CONSULTANT will be responsible for
Page 2 of 6
374
reviewing the Contractor's schedule to confirm accuracy of the work activities completed. Analysis of the
CONTRACTOR schedule will be on the basis of planned versus actual costs for the month and
construction contract to date. CONSULTANT shall verify that the CONTMCTOR is uploading approved
schedule and schedule updates to the CITY's E-Builder document management system.
Task 5.7.7 Daily Reports: The CONSULTANT will prepare daily reports, on the same date as
construction occurs, to record the daily performance of the CONTMCTOR as well as other signiflcant
construction related matters. Daily Reports shall be uploaded to the CIW's E-Builder document
management system by the CONSULTANT. The daily reports shall include records of when the
CONTRACTOR is on the job-site, general field observations, weather conditions, change orders,
changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing
observations, and records of the outcome of tests and inspections. At a minimum the daily reports will
contain the following information:
. Weather and general site conditions. Contractor's work force counts by category and hours worked. Description of work performed including location. Equipment utilized. Name of visitors to the jobsite and reason for the visit. Tests made and resultsr Construction difficulties encountered and remedial measures taken. Significant delays encountered and apparent reasons why. Description of (potential) disputes between the CONTMCTOR and CITY. Description of (potential) disputes between the CONTMCTOR and residentso Summary of additional directions that may have been given to the Contractor. Detailed records of materials, equipment and labor used in connection with extra work, or where
there is reason to suspect that a claim or request for Change Order may be submitted by the
Contractoro Summary of any substantive discussions held with the CONTMCTOR and/or CITY. Summary of nonconforming work referenced to corresponding Non-Compliance Notice. A log of photographs taken. Photographic Record: CONSULTANT shall provide a photographic record of the overall progress
of construction, beginning with preconstruction documentation, following with on-going
construction documentation, and ending with post-construction documentation. Photographs shall
be digital snapshot type take to define the progress of the project and shall be filed electronically
by month in the CITY's E-Builder document management system, labeled by date, time and
location. The CONSULTANT will upload all photos to the E-Builder document management
system on a weekly basis.
Task 5.7.8 Pay Requisitions: CONSULTANT shall verify Contractor's pay requisition and sign-off on all
pay requisition quantities in the field. CONSULTANT shall be responsible for reviewing with the
CONTRACTOR the monthly payment requisition to confirm the status of completed and uncompleted
work and stored materials. The CONSULTANT shall advise the CITY of quantities being approved for
subsequent concurrence for payment purposes. Payment requisitions shall be certified by the
CONSULTANT.
Task 5.7.9 Record Drawings: CONSULTANT will monitor that record drawing mark-ups are properly
maintained by the Contractor. At a minimum, the CONSULTANT will review the record drawing mark-ups
every month, or more often, as deemed necessary. Contractor's failure to maintain the record drawings in
up-to-date condition may be deemed grounds for withholding Contractor's monthly payment requisitions
until such time as the record drawings are brought upto-date. The CONSULTANT will notify the CITY if it
considers the mark-up documents insufficient. The CITY will make final determination of payment
withholding.
Task 5.7.10 Safety: CONSULTANTs will be expected to recognize a hazard that any reasonable non-
safety professional might be expected to recognize. ln addition, those safety obligations extend only to
Page 3 of 6
375
recognizable hazards that the CONSULTANT may note while in the normal conduct of onsite business. lf
a situation presents itself, the following procedures should be followed:
. lmmediately direct personnel to remove themselves from the apparent danger,. Notify the CONTMCTOR's superintendent of the apparent condition that caused the concern
and that the atfected personnel were directed to remove themselves accordingly,. Notifo the CONTMCTOR of the situation that arises concern, both in writing and verbally,
. lssue a written Notice of Noncompliance stating that the CONTMCTOR should take immediate
action as it deems necessary to correct the deficiency/condition,. Write a full report in the Daily Report on the condition found to be unsafe, all actions taken, and
correspondence written, including times and names,. Take photographs of theconcern,. lf the CONTRACTOR does not make corrections, the CONSULTANT should notify the CITY,
. The CONSULTANT will review the situation with the CITY for further direction,. The condition, as well as all conversations and correspondence, will be recorded in the
CONSULTANT's Daily Report,. tn case of a construction-related accident, CONSULTANT will notify the CITY of the accident.
CONSULTANT will direct the CONTRACTOR to prepare an accident report with a copy forwarded to
the CITY.
Task 5.7.11 Quality Gontrol: The CONSULTANT will review and monitor the Contractor's adherence to
an acceptable quality control program submitted by the CONTRACTOR prior to the issuance of the
second Notice-to-Proceed by the CITY. This program will describe the Contactor's quality control,
organizational procedures, documentation controls and processes for each phase of the work. Quality
control during construction will be the responsibility of the Contractor; however, oversight and ensuring
the CONTRACTOR complies with applicable jurisdictional construction standards will be enforced on the
CIW's behalf by the CONSULTANT.
Task 5.7.12 CONSTRUCTION MANAGER Request for Services: When the CONTMCTOR requires
services from the CITY for issues such as water service shutdowns, tie-ins to existing water mains,
electrical service interruptions and/or any special regulatory inspections, etc., a request shall be made in
writing by the CONTMCTOR, and forwarded by the CONSULTANT to the CITY, a minimum of three (3)
working days prior to when required.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements whether oral or wriften. lt is further agreed that no modification,
amendment or alteration in the terms or conditions contained herein shall be effective unless
memorialized in written document approval and executed with the same formality and of equal dignity
herewith.
COMPENSATION:
. OriginalAgreement: $369,000o Amendment #1 :. Amendment #2:. Amendment #3:. Amendment #4:. Amendment #5:. Amendment #6:. Amendment #7:
$12,950
$11,974
N/A
$300,852
$9,032
$81,000
$4,008.36
a
. Total Revised Agreement: $834,805.36
Page 4 of 6
376
ATKINS
SCHEUDLE B
CONSU LTANT COM PENSATION
Task Description Pavment Method Limitinq Fee
Extended Construction Administration Services
Extended on- site Special lnspector Services
Reimbursable Expenses:
Grand Total Limiting Fee not to exceed:
Lump Sum *
Hourly not-to-exceed *"
Expenses not-to-exceed
$ 9,000.00
$ 36,904.00
$ 85.00
$ 45,989.00
lnvoicing Procedures:
* The lump sum fee shall be invoiced in three (3) equal amounts of $3,000.00 for each month of extended
Construction Administration Services in accordance with Schedule B of the Professional Service
Agreement. These services shall extend through project completion projected to be on or before July 31,
2014.
** The labor costs for the on-site Special lnspector and inspector support services will be invoiced based
on actual time expended by the CONSULTANT, times the applicable hourly billing rates per job
classification as stipulate in Schedule C - Hourly Bilting Rate Schedule. Certified time sheets shall be
submitted with each invoice. These services shall extend through July 15, 2014, it necessary, at which
time the Special lnspector services are expected to be completed, based on the latest construction
schedule.
Page 5 of 6
377
ATKINS
SCHEDULE C
HOURLY BILLING RATE SCHEDULE
Extended Construction Administration Seruices
Classification
Project Manager
Construction Engineer (lnspector)
Engineer El (Project Controls)
Hourlv Billinq Rate
$198.00 per hour
$ 100.00 per hour
$ 91.00 per hour
Note:
Rates are per the Agreement between City of Miami Beach and Atkins North America, lnc for
Professional Architecture and Engineering Services for the South Pointe Park Pier Project, Resolution
No. 2011-27628.
Page 6 of 6
378
ATKII\S
SOUTH POINTE PARK PIER AMEMDMET.IT NO. 8
EXTENOED SPECIAL INSPECTOR SERVICES TO JULY ls, 201i|
EXTENDED CONSTRUCTION ADMINISTMNON SERVICES TO JULY 31, 2014.
MANHOUR AND BUOGET CALCULATION SHEET
1 -Jun-1 4
y:,,.MU
17 I :r:
u ! lnm g-7t
.dE. El (hlar cmrELl {ta t6$,
ra,!6 I tm0 t!@
itrdb.-f,.rtuk s!
hhfff,F.E
| *rl r*l * | u.l *l'-.1 *.1 **l ml ru | *. | *.
L t7 I
:.:,
}m.m
oNs@TA9 ND CB ACSB m S}@ .&
& foNtroF Msm casBlacE
iRAND TOTAL NOT to EXCEED AMOUNT s4sJ89
Notes:
379
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, accepting the
recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for
Proposal No. 2014-206-SR (The RFP), for Design/Build Services for the London House Rehabilitation &
Restoration
On April 23,2014, the City Commission, via Resolution 2014-28550, authorized the allocation of funds
toward the rehabilitation costs of the City's London House Apartments Project. As a result, the subject
Request for Proposal (RFP) was issued April 1 7 ,2014, with an opening date of June 12,2014. A mandatory
site visit was held on TuesdayApril 29, 2O14.Two (2) additional site visits were scheduled, one on June 2,
2014 and another one on June 5, 2014. The City received a total of two (2) proposals.
On June 20,2014, the City Managervia Letterto Commission (LTC) No. 184-2014, appointed an Evaluation
Committee(the"Committee"). TheCommitteewasprovidedanoverviewoftheproject,informationrelative
to the City's Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee also
provided general information on the scope of services, references, and a copy of each proposal.
Additionally, the Committee engaged in a question and answer session after the presentation of each
proposer.
The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria
established in the RFQ. The results of the evaluation committee process were presented to the City Manager
for his recommendation to the City Commission.
RECOMMENDATION
After reviewing allthe submissions and the Evaluation Committee's rankings of proposals received, the City
Manager exercised his due diligence and is recommending that the Mayor and the City Commission accept
the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for
Proposal (RFP) No.2014-206-SR, for Design/Build Services for the London House Rehabilitation &
Restoration Project, and authorize the Administration to enter into negotiations with Team Contracting, lnc.;
and further authorize the City Manager to execute an Agreement upon conclusion of successful negotiations
by the Administration.
ADOPT THE RESOLUTION.
c7c
Build and Maintain I nfrastructure With Full Accountabi
Data (Surveys, Environmental Scan, etc: N/A
Item Summary/Recommendation :
Financial lnformation :
Source of
Funds:
/t/>th
\_ -,
OBPI
Amount Account
1 $567,923 1 30-2881 -0693s7
2 $50,265 1 3s-2881 -069357
3 $831,412 1 38-2881 -069357
4 $774,515 1 79-2881 -069357
5 $634,999 1 80-2881 -069357
6 $193,905 1 81 -2881 -069357
7 $672,514.3s Miami Dade County Surtax - Future Funding
Total $3,725,533.35
Financial lmpact Summary:
City Clerk's Office Legislative Tracking:
I ntex Denis, Extension 6o+t
-----_-l
BhrE ? -e3-/e/380
g MIAMI BEACH
City of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch. Florido 33'I39, www.miomibeochfl.gov
COMMISS N MEMORANDUM
TO:
FROM:
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR PROPOSAL NO. 2014-206-SR (THE RFp), FOR DESIGN/BUILD
SERVICES FOR THE LONDON HOUSE REHABILITATION & RESTORATION
PROJECT.
ADMINISTRATION RECOMM EN DATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Build and Maintain Priority lnfrastructure With Full Accountability.
FUNDING
Funding for this project will be as follows:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
1 30-2881 -069357
1 35-2881 -069357
1 38-2881 -069357
179-2881-069357
1 80-2881 -069357
1 81 -2881 -069357
the City mtssron
$567,923
$50,265
$831,412
$774,515
$634,999
$193,905
Miami Dade County Surtax - Future Funding $672,514.35
Total: $3,725,533.35
BACKGROUND
The Design Build Firm (DBF) Scope of Services shall include, without limitation, designing,
permitting, construction, and the construction management associated with the rehabilitation
and restoration of the historic 1965 & 1975 London House apartment buildings, using those
necessary construction activities that include, but are not limited to, work on the exterior
Architectural Features, Structural Shell (including sheathing), Site Construction, Concrete,
Masonry, Rough and Finish Carpentry, Thermal and Moisture Protection, Doors and Windows,
lnterior Finishes, Equipment, Conveying Systems, Plurnbing, Mechanical, and Electrical.
The DBF will also prepare and obtain all the necessary and required permits required by
permitting entities having jurisdiction as needed by the updated and new design.
The work to be performed under this Contract shall also consist of providing all tools.
equipment, materials, and supplies, and manufactured articles and furnishing all labor,
transportation, services, including fuel, power, water, and essential communications, and
performing all work, or other operations required for the fulfillment of the Contract in strict
381
Commission Memorandum - RFQ #2014-206-SR Design/Build Services for the London House
Rehabilitation & Restoration Project
July 23,2014
Page2
accordance with the Contract Documents. The work shall be completed, and all work,
materials, and services not expressly indicated or called for in the Contract Documents which
may be necessary for the completion and proper design and construction of the work shall be
provided by the DBF.
RFP PROCESS
On April 23, 2014, the City Commission, via Resolution 201 4-28506, authorized the allocation
of funds toward the rehabilitation costs of the City's London House Apartments Project. As a
result, the subject Request for Proposal (RFP) was issued. On April 17, 2014, the RFP was
issued with an opening date of June 12, 2014. A mandatory site visit was held on Tuesday
April 29, 2014. Two (2) additional site visits were scheduled, one on June 2,2014 and another
one on June 5, 2014.
The City received proposals from the following firms:
ABC Constructions
Team Contracting, lnc.
On June 20, 2014, the City Manager via Letter to Commission (LTC) No. 184-2014, appointed
an Evaluation Committee (the "Committee") consisting of the following individuals:
. Alejandro Ballina, Community Development Specialist, Housing/Community
Development, City of Miami Beach. Edward Baldie, Capital Projects Coordinator, Capital lmprovement Projects
(ClP), City of Miami Beach. Linda Blanco, Assistant Director, Building Department, City of Miami Beach
The following individual was appointed as an alternate:
o Humberto Cabanas, Division Director, Capital lmprovement Projects (ClP), City
of Miami Beach
The Committee convened on June 30, 2014 to consider proposals received and interview the
proposers. The Committee was provided an overview of the project, information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also
provided general information on the scope of services, references, and a copy of each
proposal. Additionally, the Committee engaged in a question and answer session after the
presentation of each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFP.
The evaluation process resulted in the following ranking of proposers:
382
Commission Memorandum - RFQ # 2014-206-5R Design/Build Services for the London House
Rehabilitation & Restoration Project
July 23,2014
Page 3
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing all the submissions and the results of the evaluation process, the City Manager
recommends that the Mayor and City Commission authorize the administration to enter into
negotiations with the top ranked proposer, Team Contracting, lnc.
Team Contracting, lnc., is a State of Florida Certified General Contractor and State of Florida
Certified Underground Utility & Excavation Contractor. The company was established in April
2000. The company's staff has successfully completed over eight (8) design/build projects
varying in size and scope. Various projects were also completed by Team Contracting which
involved historical restoration. They have been providing the City of Miami Beach with
construction services since 2003"
It is important to note that both proposals received are within the estimated budget for
probable design-build cost; however, the cost comparison between the two proposals differs
by approximately 19%. Staff attributes this price difference to a number of possible factors,
which are:
. Familiarity with the jobsite is one attributing factor, as the Design Build team of
Team Contracting and RVL Architecture exhibited more in depth knowledge and
familiarity with the existing jobsite conditions. This was made apparent during their
presentation and by their answers to the questions presented by the Evaluation
Committee.
o The Structural System that was proposed by both firms differed and may have
been another attributing factor in the price difference. The Design Build firm of ABC
Constructions and KVH Architects approached the design for the Structural System
for Building 1975 by proposing to utilize a conventional wooden floor joist system.
The Design building firm of Team Contracting and RVL Architecture, approached
the design by proposing to use the Epicore Structural Flooring System. This system
is a metal decking system with a poured concrete slab that allows for increased
durability, better fire resistance, and longer life span than a typical wooden floor
joist system which adds value but comes at a cost premium to this Project.
Additionally, the City procured the services of Atkins North America, to provide a detailed
probable construction cost estimate for the London House Project. This Estimate yielded a
probable construction cost ranging from 3.7 to 4.1 million dollars. This estimate along with the
aforementioned factors support the fact that both these bids are competitive, fair, and
reasonably priced.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida: accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to Request for Proposal (RFP) No. 2014-206-SR for Design/Build
Services for the London House Rehabilitation & Restoration Project; and, authorize the
administration to enter into negotiations with the top ranked proposer, Team Contracting, lnc.;
and further authorize the City Manager to execute an Agreement upon conclusion of
successful negotiations by the Administration.
383
Commission Memorandum - RFQ # 2014-206-5R Design/Build Services for the London House
Rehabilitation & Restoration Project
July 23,2014
Page 4
JLM/MT IDMI AD/YG
T:\AGENDA\2014\June\June 11 Procurement\RFQ-2O14-199-SR Flooding Mitigation Consulting Services - Memo.doc
384
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR PROPOSALS NO. 2014-206-SR (THE RFp),
FOR DESIGN/BUILD SERVICES FOR THE LONDON HOUSE
REHABILITATION & RESTORATION PROJEGT; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP
RANKED PROPOSER, TEAM CONTRACTING, !NG; AND FURTHER
AUTHORIZING THE MAYOR AND CITY GLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, Request for Proposals No. 2014-206-SR (the RFP) was issued on April 17,
2014, with an opening date of June 12,2014; and
WHEREAS, a mandatory site visit was held on Tuesday April 29, 2014; and
WHEREAS, two (2) additional site visits were scheduled, one on June 2, 2014 and
anotherone on June 5, 2014; and
WHEREAS, the City received a total of two (2) proposals; and
WHEREAS, on June 20,2014, the City Manager via Letter to Commission (LTC) No.
212-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
. Alejandro Ballina, Community Development Specialist, Housing/Community
Development, City of Miami Beach. Edward Baldie, Capital Projects Coordinator, Capital lmprovement Projects
(ClP), City of Miami Beacho Linda Blanco, Assistant Director, Building Department, City of Miami Beach
The following individual was appointed as an alternate:
r Humberto Cabanas, Division Director, Capital lmprovement Projects (ClP), City
of Miami Beach
WHEREAS, the Committee convened on June 30, 2014 to consider the proposals
received; and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of each proposal; and engaged in a question
and answer session after the presentation of each proposer; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFQ; and
385
WHEREAS, the Committee's ranking was as follows: Team Contracting, lnc., top
ranked; and ABC Construction, second highest ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's and
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with the top-ranked firm, Team
Contracting, lnc; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Proposals No. 2014-206-SR (the RFP), for Design/Build
Services for the London House Rehabilitation & Restoration Project; authorize the
Administration to enter into negotiations with the top ranked proposer, Team Contracting, lnc;
and further authorize the Mayor and City Clerk to execute an Agreement upon conclusion of
successful negotiations by the Administration.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
APMOVED A9 TO
FORM & LANGUASE
& FOR EXECUTION
;(- r (t r[r4-
Tantr -668-
386
THIS PAGE INTENTIONALLY LEFT BLANK
387
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Proposals, Pursuant To Request For Proposals (RFP) No. 2014-143-LR, ForA Web
Based Training System For The Fire Department.
Clerk's Office Tracki
14-143-LR Web Based Training
*GE}IBA "'* C7 D
Maximize the Miami Beach brand as a world class destination.
Supporting Data (Surveys, Environmental Scan, etc: N/A
Item Summary/Recommendation :
On April 23,2014, the City Commission approved the issuance of the RFP, which was
issued on April 24, 2014, with an opening date of May 23, 2014. A pre-proposal
conference was held on May 6, 2014. The City received one (1) proposal.
On June 20, 2014, the City Manager appointed an Evaluation Committee (the
"Committee"), which convened on July 7,2014 to consider proposals received. The
Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFQ. The results of the evaluation committee process were
presented to the City Manager for his recommendation to the City Commission.
After reviewing the submissions and the Evaluation Committee's rankings of proposals
received, the City Manager recommends that the Mayor and the City Commission,
pursuant to Request for Proposal (RFP) No. 2014-143-LR, for a Web Based Training
System, authorize the Administration to enter into negotiations with the sole proposer
(who has been deemed by the Committee to be qualified), Municipal Emergency
Services, lnc.; and further authorize the City Manager to execute an Agreement upon
conclusion of successful negotiations by the Administration.
RECOMMENDATION
ADOPT THE RESOLUTION.
Board Recommendation:
Financial lnformation :
Source of
r@m'5epP
Amoun
t
Account
1 $25,000 552-6168-000679
Total $25,000
Financial lmpact Summarv:
Alex Denis. Extension 6641
E MIAMIBrACH
-Summary.doc
shra 743'/?388
b:MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive. Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUB]ECT: A RESOLUTION OF THE MAYOR
City
D CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, AGCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR PROPOSAL NO. 2014-f43-LR (THE RFP), FOR A WEB BASED
TRAINING SYSTEM FOR THE FIRE DEPARTMENT.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
FUND!NG
Account No. 552-6168-000679 - $25,000
BACKGROUND
The Fire Department requires the services of a contractor to provide its employees with a
web-based training system. The training system will provide an online training and records
management system which will improve the department's operational efficiency and help
maintain compliance with accreditation by the lnternational Organization Standardization
(lSO) rating and State of Florida Bureau of Fire Standards and Training Fire College
Department of I nsurance Conti nui ng Ed ucation ( FCD I CE) certifications.
The Miami Beach Fire Department is rated as a Class 1 department by the lnsurance
Organization Standardization (lSO). Less than 1% of all fire departments in the entire country
are ranked as a Class 1 departments. This rating is obtained through the lnsurance
Organization Standardization (lSO) which analyzes the relevant data and assigns
departments a Public Protection Classification, a numberfrom 1 to 10. Class 1 represents
superior property fire protection, and Class 10 indicates that the area's fire suppression
program does not meet ISO's minimum criteria.
One of ISO's main requirements is the amount and type of training required by each member
per year. This training must be recorded and be accessible at all times. All firefighters must
receive the following training annually per ISO requirements: company training at fire stations
including training using streets, buildings and open areas; hazardous materials; officer
training; new driver training; driver training; and recruit training. ln addition, the State of
Florida requires a minimum amount of EMS training and this training must be recorded as
well. The State also requires the tracking of all employees driver's licenses.
Currently, the Fire Department is utilizing a Microsoft Access database that was created in
2002 lo track employees' annual required training (Fire and EMS). This database just allows
for the entering of data and will provide reports, however, it does not notify employees or
administrators of any deficiencies in a members training nor does it track employee's driver
record. Furthermore, the Microsoft support for the Access database ended in 2009. The lT
389
Commission Memorandum - RFP 2014-143-tR Web Based Training System
July 23,2014
Page2
Department requested that the Fire Department stop using this database in 2010 and advised
they would no longer provide support for this program. The database has become
excessively large and will exceed its storage capacity soon. There is no other training
software that the city currently owns that can track all of the Fire Department's required
training.
The Fire Department investigated what other departments both locally and nationally were
using to document their Fire and EMS training. Most departments are using a web-based
training program by Target Solutions to track all their training in order to meet the ISO and
State iraining requirements. Further, the Miami Beach lT Steering Committee approved
$25,OOO for fiscal year 201312014 for the purchase of a web-based training and tracking
program.
RFP PROCESS
On April 23, 2014, the City Commission approved the issuance of the subject Request for
Proposal (RFP). On April 24, 2014, the RFP was issued with an opening date of May 23,
2014. A pre-proposal conference to provide information to the proposers submitting a
response was held on May 6,2014.
The City received one (1) proposalfrom Municipal Emergency Services, lnc.
On July 8, 2014, the City Manager appointed an Evaluation Committee (the "Committee")
consisting of the following individuals:
. MichaelAlvarez, Captain, Miami Beach Fire Department
. Joseph Florio, Firefighter, Miami Beach Fire Department. Salvatore Frosceno, EMS Coordinator, Miami Beach Fire Department
o David Hernandez, Lieutenant of Police, Miami Beach Police Department
. Jose Suarez, System Support Manager, Miami Beach lnformation Technology
The Committee convened on July 7, 2014 to consider the proposal received. The Committee
was provided an overview of the project, information relative to the City's Cone of Silence
Ordinance and the Government Sunshine Law. The Committee was also provided general
information on the scope of services, references, and a copy of each proposal. The
Committee was instructed to score and rank the proposal pursuant to the evaluation criteria
established in the RFP.
The evaluation process resulted in the following:
Scores
Joseph
Florio
Salvatore
Frosceno
David
Hernandez
Jose
Suarez
Municipal Emerqency Services 75 75 75 75
TOTAL 95 95 95 95
390
Commission Memorandum - RFP 2014-143-LR Web Based Training System
July 23,2014
Page 3
Municipal Emergency Services (MES) has partnered with Target Solutions as the
exclusive partner for their innovative and comprehensive training platform and
technology. Target Solutions is a pioneer and leader in the development of online
solutions that simplify and standardize training, records management and risk
management. Target Solutions currently provides these services to more than 850
Fire/EMS departments and is the only online provider that the National Fire Protection
Association (NFPA) has invested in to deliver online safety training to the fire service.
Target Solutions offers more than 400 courses covering the Fire and EMS industry
with a variety of categories.
Prior to issuing this RFP the Fire Department received a proposal from MES in the
annual amount of $24,022 to presentto the lT Steering Committee. Thereafter, as a
result of the issuance of this RFP and despite receiving just one proposal the price
submitted by MES was reduced to $22,127 annually.
MANAGER'S DUE DILIGENGE & RECOMMENDATION
After reviewing the submissions and the Evaluation Committee's scoring of the sole proposal
received, the City Manager recommends that the Mayor and the City Commission, pursuant to
Request for Proposal (RFP) No. 2014-143-LR, for a Web Based Training System, authorize
the Administration to enter into negotiations with the top-ranked proposer, Municipal
Emergency Services, lnc.; and further authorize the City Manager to execute an Agreement
upon conclusion of successful negotiations by the Administration.
CONCLUSION
The Administration recommends that the Mayor and the City Commission, pursuant to
Request for Proposal (RFP) No. 2014-143-LR, for a Web Based Training System, authorize
the Administration to enter into negotiations with the top-ranked proposer, Municipal
Emergency Services, lnc.; and further authorize the City Manager to execute an Agreement
upon conclusion of successful negotiations by the Administration.
JLM/MT/VF/AD
T:\AGENDA\2014Uuly\Procurement\RFP-2O14-143-LR Web Based Training System - Memo.doc
391
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACGEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE SOLE PROPOSAL RECEIVED,
PURSUANT TO REQUEST FOR PROPOSALS NO. 2014-143-LR (THE RFP),
FOR A WEB BASED TRAINING SYSTEM; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SOLE
PROPOSER, MUNIGIPAL EMERGENCY SERVICES, INC.; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, Request for Proposal (RFP) No. 2014-143-LR was issued on April 24,
2014, with an opening date of May 23,2014; and
WHEREAS, a pre-proposal conference was held on May 6, 2014; and
WHEREAS, the City received one (1) proposal from Municipal Emergency Services, lnc.
(MES); and
WHEREAS, on July 8,2014, the City Manager via Letter to Commission appointed an
Evaluation Committee (the "Committee"), consisting of the following individuals:
o Michael Alvarez, Captain, Miami Beach Fire Department
. Joseph Florio, Firefighter, Miami Beach Fire Department
. Salvatore Frosceno, EMS Coordinator, Miami Beach Fire Department
o David Hernandez, Lieutenant of Police, Miami Beach Police Department
. Jose Suarez, System Support Manager, Miami Beach lnformation Technology
WHEREAS, the Committee convened on July 7, 2014 to consider the MES proposal;
and
WHEREAS, the Committee was provided an overview of the project, information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of the proposal; and
WHEREAS, the Committee was instructed to score and rank the MES proposal pursuant
to the evaluation criteria established in the RFP; and
WHEREAS, the Committee's ranked MES and found MES to be qualified under the
RFP; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's and
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with MES, as a responsive and
responsible bidder; and
392
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the sole
proposal received, pursuant to Request for Proposals No. 2014-143-LR (the RFP), for a Web
Based Training System; authorize the Administration to enter into negotiations with the sole
proposer, Municipal Emergency Services, lnc; and further authorize the Mayor and City Clerk to
execute an Agreement upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this day of
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPf{OVED AS TO
FORM & LANGUAGE
& FORIXECpT|ON
:L0a'J- Y!d-
393
COMMISSION ITEM SUMMARY
Condensed Title:
n neSOIuTIoN oF THE MAYoR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE RENEWAL OPTION WITH GOVERNMENTJOBS.COM, INC., D/B/A NEOGOV, FOR THE ON-
LINE SERVICES, FOR A PERIOD OF ONE (1 YEAR. WITH THE OPTIONS TO RENEW.
lmprove processes through information tech
Data Environmental Scan. etc): N/A
The Administration recommends approval of the waiver of the formal competitive bidding requirement as it is
in the best interest of the City.
ln 2009, the Human Resources Department acquired an online employment application process and an
applicant management system through the deployment of NeoGov. At the time, NeoGov was a product in
use or being implemented by a number of jurisdictions, including the City of Miami, and came highly
recommended. The software accepts employment applications and has the ability to screen applications
based on keywords and selection criteria set up and approved in advance of posting the vacancy. The
system permits Human Resources recruitment staff to route employment applications electronically, and
offers hiring managers the option of reviewing them without having to print. ln the long run, this has resulted
in significant savings by reducing the amount of paper needed, extending the life of printer ink toners and
extending the life of the printers themselves as some recruitments result in hundreds of applicants submitting
numerous pages and attachments.
Approval routing is an essential component of the software and it permits hiring managers to select the
successful candidates, communicate with Human Resources and leave an electronic track of the entire
process, all in a web-based environment.
The software has performed as expected and played a key role in exposing individuals worldwide to
employmenUcareer opportunities at the City of Miami Beach.
Renewal of the maintenance agreement is $15,000 peryear, and is a costthat has not changed through the
years.
At the Finance and Citywide Projects Committee (FCWPC) meeting of June 20,2014, upgrading the City's
Enterprise Resource Planning (ERP) system was discussed and the Committee recommended moving
forward with the transition from the system currently used, Eden, to Munis. As a result of this potential
change, it is in the City's best interest to renew its contract with NeoGov on a yearly basis. lf Munis has
capabilities which surpass NeoGov's, the City will not find itself in a long-term contractual relationship with a
service provider and transitioning to one willbe facilitated.
Financia! lnformation:
Financial lmpact Summary: Budgeting for this renewal has been ongoing; therefore, this is no fiscal
h the lnformation T
Tabak, extension 6724
Department Director Assistant Gity Manager \ity Manager
SC-T 5&T KGB rlrh JLM ,/
-
}A
AGE rEM c7 E
o^rc -7 45-/yE MIAMIBEACH 394
g MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR CITY GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA WAIVING, BY 5/7THS VOTE, THE FORMAL
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE
IN THE BEST INTEREST OF THE GITY, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE RENEWAL OPTION WITH
GOVERNMENTJOBS.GOM, ING., D/B/A NEOGOV, FOR THE ON.LINE
SERVICES, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTIONS TO
RENEW.
ADMINISTRATION RECOMMENDATION
The Administration recommends approval of the waiver of the formal competitive bidding
requirement as it is in the best interest of the City.
BACKGROUND
ln 2009, the Human Resources Department acquired an online employment application
process and an applicant management system through the deployment of NeoGov. At
the time, NeoGov was a product in use or being implemented by a number of
jurisdictions, including the City of Miami, and came highly recommended. The software
accepts employment applications and has the ability to screen applications based on
keywords and selection criteria set up and approved in advance of posting the vacancy.
The system permits Human Resources recruitment staff to route employment
applications electronically, and offers hiring managers the option of reviewing them
without having to print. ln the long run, this has resulted in significant savings by
reducing the amount of paper needed, extending the life of printer ink toners and
extending the life of the printers themselves as some recruitments result in hundreds of
applicants submitting numerous pages and attachments.
Approval routing is an essential component of the software and it permits hiring
managers to select the successful candidates, communicate with Human Resources and
leave an electronic track of the entire process, all in a web-based environment.
The software has performed as expected and played a key role in exposing individuals
worldwide to employmenVcareer opportunities at the City of Miami Beach.
Renewal of the maintenance agreement is $15,000 peryear, and is a costthat has not
changed through the years.
395
City Commission Memorandum - Waiver of Competitive Bidding Requirement
July 23,2014
Page 2 ol 2
At the Finance and Citywide Projects Committee (FCWPC) meeting of June 20,2014,
upgrading the City's Enterprise Resource Planning (ERP) system was discussed and the
Committee recommended moving forward with the transition from the system currently
used, Eden, to Munis. As a result of this potential change, it is in the City's best interest
to renew its contract with NeoGov on a yearly basis. lf Munis has capabilities which
surpass NeoGov's, the City will not find itself in a long-term contractual relationship with
a service provider and transitioning to one integrated system will be greatly facilitated.
CONCLUSION
The Administration recommends approving the resolution, waiving the formal
competitive bidding requirement, finding such waiver to be in the best interest of the City,
and authorizing the City Manager to execute the renewal option with additional options
to reneru.
-'ulkarsc-r
396
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA WAIVING, BY 5/7THS VOTE, THE FORMAL
GOMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN
THE BEST INTEREST OF THE GITY, AND AUTHORIZING THE CITY
MANAGER TO RENEW THE MAINTAINANCE AGREEMENT WITH
GOVERNMENTJOBS.COM, !NC., D/B/A NEOGOV, FOR THE ON.LINE
SERVIGES SOFTWARE, FOR A TERM OF ONE (1) YEAR, tN THE AMOUNT
OF $15,000, FOR THE FIRST RENEWAL YEAR; AND ALSO AUTHORIZING
THE CITY MANAGER TO APPROVE SUBSEQUENT ONE YEAR RENEWALS,
AS HE DETERMINES NECESSARY AND IN THE BEST INTEREST OF THE
ctw.
WHEREAS, the Human Resources Department of the City of Miami Beach has been
using services provided by NeoGov since 2009; and
WHEREAS, NeoGov provides and maintains the software that allows individuals to
express their interest in employment with the City of Miami Beach; and
WHEREAS, an online presence is an essential element of the City's ability to complete
in the labor market; and
WHEREAS, the accompanying maintenance agreement for the software has expired,
and the City Manager recommends that it is in the City's best interest to waive competitive
bidding, in order to renew the agreement on an annual basis.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby waive, by
5/7ths vote, the formal competitive bidding requirement, finding such waiver to be in the best
interest of the City, and authorize the City Manager to execute the renewal option with
Governmentjobs.com, lnc., d/b/a NeoGov, for the online services software, for the term of one
(1) year, in the amount of $15,00Qfor the first renewal year; and also authorizing the City
Manager to approve subsequent one year renewals, as he determines necessary and in the
best interest of the City.
PASSED AND ADOPTED this _ day of ,2014.
ATTEST:
Ralph E. Granado
CITY CLERK
Philip Levine
MAYOR
APPRO\CD AS TO
FORM & LANGUAGE
& FOR EXECUTION
o$t"
397
\
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, accepting the
recommendation of the Finance and Citywide ProjectCommitteeto research technologicalenhancements,
regarding towing software and in-vehicle cameras; and provide an update at the September Finance and
iects Committee meetino.
lntended Outcome
I mprove Parking availability.
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates
74o/o of residents and 72o/o of businesses rate the availability of parking across the City as too little or
much too little. Availability of parking was one of the changes residents identified to make Miami
Beach a better to live. work or olav.
Item Summary/Recommendation :
On November 14,2012, the Mayor and Commission approved the Police and Parking DepartmentTowing
Permits with Beach Towing and Tremont Towing, respectively for a three year term, commencing on
December 1,2012 and expiring on November 30, 2015. The following is a brief update regarding the
status of the towing permit requirements:
o Both towing service providers have complied with the requirements stipulated in the permit,
including providing uniforms for their employees, driver's license screening, drug test screening,
and GPS tracking devices in all wreckers conducting City tows;
. "Agreed Upon Procedures" is the remaining requirement. Section 27, entitled, lnspections and
Audit, provides for the Chief Financial Officer, lnternal Auditor, and Permittee to develop these
procedures. Numerous meetings have taken place to develop a cost allocation method that is
acceptable to both parties. As of the time of this writing, both parties have agreed to a cost
allocation method and the Agreed Upon Procedures are being finalized;
o There are other technology enhancements referenced in the Towing Permit. Section 11.E.(2),
entitled "Equipment" states the following: "Effective December 1 2012, and in addition to the
requirement rn suDsecfibn 11.E.(1) above, at any time following the end of the first Permit year, the
City Commission may,ln lfs so/e option and discretion, review and, following such review, require
Permittee to implementthe following additionaltechnological improvements; one (1) each during
the second and third Permit years, respectively: (a) Towing software (which includes a point of
sale and dispatch tracking system); and (b) ln-vehicle cameras to monitor and record tows in real
time.
On May 20, 2014, the aforementioned items were reported to the FCWPC. The FCWPC held a brief
discussion and directed the Administration to conduct additional research regarding towing dispatch
software and cameras and to report back to the FCWPC at their September meeting.
Administration Recommendation :the Resolution.
Financial I nformation :
Source of
Funds:
Amount Account
I
2
3
OBPI Total
Financial !mpact Summary:
Saul Frances
MIAMIBEACH 398
g MIAMI BEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
DATE: July 23,2014
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE TO RESEARCH
TEGHNOLOGICAL ENHANCEMENTS, REGARDING TOWING SOFTWARE
AND IN.VEHICLE CAMERAS; AND PROVIDE AN UPDATE AT THE
SEPTEMBER FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING.
BACKGROUND
On November 14, 2012, the Mayor and Commission approved the Police and Parking
Department Towing Permits with Beach Towing and Tremont Towing, respectively for a
three year term, commencing on December 1,2012 and expiring on November 30, 2015.
The following is a brief update regarding the status of the towing permit requirements:
o Both towing service providers have complied with the requirements stipulated in the
permit, including providing uniforms for their employees, driver's license screening,
drug test screening, and GPS tracking devices in all wreckers conducting City tows.
. "Agreed Upon Procedures" is the remaining requirement. Section 27, entitled,
lnspections and Audit, provides for the Chief Financial Officer, lnternal Auditor, and
Permittee to develop these procedures. Numerous meetings have taken place to
develop a cost allocation method that is acceptable to both parties. As of the time of
this writing, both parties have agreed to a cost allocation method and the Agreed
Upon Procedures are being finalized.
o There are othertechnology enhancements referenced in the Towing Permit. Section
11.E.(2), entitled "Equipment" states the following: "Effective December 1 2012,
and in addition to the requirement in subsection 1 1 .E.(1) above, at any time following
the end of the first Permit year, the City Commrssrbn may, in ifs so/e option and
discretion, review and, following such review, require Permittee to implement the
following additionaltechnological improvements;one (1) each duing the second and
third Permit years, respectively:
(a) Towing software (which includes a point of sale and dispatch tracking
system); and
(b) ln-vehicle cameras to monitor and record tows in realtime.
o Credit Card Acceptance - Section 23, entitled, "Responsibility for Payment", states
the following, "The vehicle owner (or legally authorized representative) of the vehicle
shall be responsible for payment of charges imposed by the Permittee, due upon
TO:
FROM:
399
July 23,2014 CW Commission Memo
Recommendation FCWPC Towing Permit Requirements
Page 2 of 2
vehicle release. The City shall not be responsible for any charges imposed for
towing and storage, or securing payments due upon vehicle release. Permittee shall
accept the following as acceptable forms of payment: cash, travelers check, personal
bank checks drawn on a bank in Miami-Dade, Broward, or Monroe Counties, or
credit cards. Permittee may require two (2) forms of identification, one of which shall
be a picture identification. Permittee shall install and continuously operate and
maintain in good working order at least one (1) automatic teller machine (ATM) on its
premises."
The Permittee has an ATM on premises; however, credit cards are not accepted at their
service window. This issue was discussed by the Finance and Citywide Projects Committee
and subsequently the Mayor and Commission; however, no action was taken.
ANALYS!S
On May 20,2014, the aforementioned items were reported to the FCWPC. The FCWPC
held a brief discussion and directed the Administration to conduct additional research
regarding towing dispatch software and cameras and to report back to the FCWPC at their
September meeting.
CONCLUSION
The Administration will conduct the additional analysis regarding towing dispatch software
and cameras and will provide its findings and recommendation to the FCWPC at the
September meeting.
,,*&,,{
T:\AGENDA\2014Uu1y232014\RecommendationFCWPCTowingPermitAdditionalRequirements.cme.doc
400
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR THE CITY
ADMINISTRATION TO RESEARCH TECHNOLOGICAL ENHANCEMENTS
REGARDING TOWING SOFTWARE AND IN.VEHICLE CAMERAS AND
TO PROVIDE AN UPDATE AT THE SEPTEMBER 2014 FINANCE AND
CITYWIDE PROJECTS COMMITTEE MEETING.
WHEREAS, on November 14, 2012, the Mayor and City Commission approved the
Police and Parking Department Towing Permits for Beach Towing and Tremont Towing,
respectively, for three year terms, commencing on December 1, 2012, and expiring on
November30,2015; and
WHEREAS, both towing service providers have complied with the requirements
stipulated in the Towing Permits, including providing uniforms for their employees, driver's
license screening, drug test screening, GPS tracking devices in all wreckers conducting City
tows, and agreed upon audit procedures; and
WHEREAS, there are other technology enhancements referenced in the City of Miami
Beach Administrative Rules and Regulations for Police and Parking Towing Permits in Section
11.E.(2) stating, "Effective December 12012, and in addition to the requirement in subsection
11.E.(1) above, at any time following the end of the first Permit year, the City Commission may,
in its sole option and discretion, review and, following such review, require Permittee to
implement the following additional technological improvements; one (1) each during the second
and third Permit years, respectively:
(a) Towing software (which includes a point of sale and dispatch tracking system); and
(b) ln-vehicle cameras to monitor and record tows in real time; and
WHEREAS, on May 20,2014, the aforementioned items were reported to and discussed
by the Finance and Citywide Projects Committee (FCWPC) and the FCWPC recommended that
the City Administration conduct additional research regarding towing software and in-vehicle
cameras; and to report back to the FCWPC at its September meeting.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee that the City Administration research technological enhancements regarding towing
software and in-vehicle cameras and provide an update at the September 2014 Finance and
Citywide Projects Committee meeting.
PASSED AND ADOPTED this
ATTEST:
day of 2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\20't4Uuly23\Parking\T:\AGENDA\2014\RecommendationFCWPCTowingPermitAdditionalRequirementgpffi$VED AS TO
FORM & LANGUAGE
& FOR EXECUTIONt)dr.L r(ru(rdk401
Gondensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, accepting the
recommendations of the Neighborhoods and Community Affairs Committee to discontinue the participation
of Waverly and Grand Flamingo residents in Residential Parking Zone l2lUpper West Avenue through
attrition and to im dissolve its related waitino list.
COMMISSION ITEM SUMMARY
lntended Outcome
lmprove Parking availability.
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates
74o/o ol residents and72o/o of businesses rate the availability of parking across the City as too little or
much too little. Availability of parking was one of the changes residents identified to make Miami
Beach a better to live, work or play.
Item Summary/Recommendation :
Restricted Residential Parking Permit Zone l2lUpper West Avenue was approved by.the Mayor and
Commission on February 25,2004, at the request of residents of Upper West Avenue (13m Street to Dade
Boulevard). However, RM-3 (Residential - High lntensity) properties were not allowed to participate due to
the following:
. Properties in the RM-3 district provide off-street parking for their residents/tenants. Many of the
properties in zoning districts with less intensity have little to no off-street parking and those
residents rely almost solely on curbside parking.. Allowing RM-3 zoned properties, including the Waverly and Grand Flamingo, would usurp most, if
not all, of the on-street parking in the neighborhood. This is primarily attributed to the fact that
these properties have monthly parking rates for their residents/tenants that range between $100
and $150. Zone 12 has an annual permit fee of $50.00, an obvious incentive for residents of RM-3
zoned properties to participate in the program.
Shortly after the establishment of Zone 12, a number of residents from both the Waverly and Grand
Flamingo challenged the exemption of RM-3 zoned properties from the program. Their challenge was
based on the financial burden of the monthly parking rate at their respective RM-3 zoned properties. At the
time, Commissioner Saul Gross championed their cause and fifty (50) residential slots were made
available for residents of the Waverly and Grand Flamingo, as a pilot program. The pilot program was
anticipated to dissolve upon having no demand from residents from the referenced properties. To date,
demand continues for these residential slots. ln fact, there are currently 61 residents of the Waverly and
Grand Flamingo on a waiting list for these slots.
On May 30,2014, the NCAC held a discussion regarding the participation of Waverlyand Grand Flamingo
residents in Residential Parking Zone l2lUpperWestAvenue. The NCAC directed the Administration to
discontinue the participation of Waverly and Grand Flamingo residents through attrition and to immediately
dissolve its related waiting list.
Administration Recommendation :the Resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial Impact Summary:
MIAM!BEACH
12.sum.doc
AGENDA rYem CTC-oo,r;w4/402
g MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: July 23,2014
SUBIECT: A RESOLUTION OF THE MAYOFIAND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NETGHBORHOODS AND COMMUNTTY AFFATRS COMMTTTEE (NCAC) TO
DISCONT!NUE WAVERLY AND GRAND FLAMINGO RESIDENTS'
PARTICIPATION IN RESIDENTIAL PARKING ZONE 1 2/U PPER WEST AVENUE
THROUGH ATTRITION AND TO IMMEDIATELY DISOLVE ITS RELATED
WAITING LIST.
BACKGROUND
Restricted Residential Parking Permit Zone l2lUpper West Avenue was approved by the
Mayor and Commission on February 25,2004, at the request of residents of Upper West
Avenue (13th Street to Dade Boulevard). However, RM-3 (Residential - High lntensity)
properties were not allowed to participate due to the following:
. Properties in the RM-3 district provide off-street parking for their residents/tenants.
Many of the properties in zoning districts with less intensity have little to no off-street
parking and those residents rely almost solely on curbside parking.o Allowing RM-3 zoned properties, including the Waverly and Grand Flamingo, would
usurp most, if not all, of the on-street parking in the neighborhood. This is primarily
attributed to the fact that these properties have monthly parking rates for their
residents/tenants that range between $100 and $150. Zone 12 has an annual permit
fee of $50.00, an obvious incentive for residents of RM-3 zoned properties to
participate in the program.
Shortly after the establishment of Zone 12, a number of residents from both the Waverly and
Grand Flamingo challenged the exemption of RM-3 zoned properties from the program.
Their challenge was based on the financial burden of the monthly parking rate at their
respective RM-3 zoned properties. At the time, Commissioner Saul Gross championed their
cause and fifty (50) residential slots were made available for residents of the Waverly and
Grand Flamingo, as a pilot program. The pilot program was anticipated to dissolve upon
having no demand from residents from the referenced properties. To date, demand
continues for these residential slots. ln fact, there are currently 61 residents of the Waverly
and Grand Flamingo on a waiting list for these slots.
ANALYSIS:
On May 30,2014, the NCAC held a discussion regarding the participation of Waverly and
Grand Flamingo residents in Residential Parking Zone l2lUpperWestAvenue. The NCAC
directed the Administration to discontinue the participation of Waverly and Grand Flamingo
residents through attrition and to immediately dissolve its related waiting list.
403
July 23,2014 CW Commission Memo
Recommendation NCAC Waverly/Grand Flamingo Zone 12
Page 2 of 2
CONCLUSION
On May 30,2014, the NCAC directed the Administration to discontinue the participation of
Waverly and Grand Flamingo residents through attrition and immediately dissolve its related
waiting list.bJLM/K6/SF
T:\AGENDA\2014Uu1y232014\RecommendationNGACWaverlyFlamingoZonel2.cme.doc
404
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NETGHBORHOOD/COMMUNIry AFFAIRS COMMITTEE (NCAC) AND
AUTHORIZING THE CITY ADMINISTRATION TO IMMEDIATELY
DISCONTINUE THE WAVERLY AND GRAND FLAMINGO RESIDENTS'
PARTICIPATION IN THE RESIDENTIAL PARKING ZONE 12IUPPER WEST
AVENUE PTLOT PROGRAM ("ZONE 12 PILOT PROGRAM") THROUGH
ATTRITION AND TO DISCONTINUE THE RELATED WAITING LIST.
WHEREAS, Restricted Residential Parking Permit Zone l2lUpper West Avenue was
approved by the Mayor and Commission on February 25, 2004, at the request of residents of
Upper West Avenue (13th Street to Dade Boulevard). However, RM-3 (Residential - High
lntensity) properties were not allowed to participate due to the following:
. Properties in the RM-3 district provide off-street parking for their residents/tenants.
Many of the properties in zoning districts with less intensity have little to no off-street
parking and those residents rely almost solely on curbside parking.
. Allowing RM-3 zoned properties, including the Waverly and Grand Flamingo, would
usurp most, if not all, of the on-street parking in the neighborhood. This is primarily
attributed to the fact that these properties have monthly parking rates for their
residentsitenants that range between $100 and $150. Zone 12 has an annual permit fee
of $50.00, an obvious incentive for residents of RM-3 zoned properties to participate in
the program; and
WHEREAS, shortly after the establishment of Zone 12, a number of residents from both
the Waverly and Grand Flamingo challenged the exemption of RM-3 zoned properties from the
program. Their challenge was based on the financial burden of the monthly parking rate at their
respective RM-3 zoned properties. At the time, Commissioner Saul Gross championed their
cause and fifty (50) residential slots were made available for residents of the Waverly and
Grand Flamingo, as a pilot program; and
WHEREAS, the Zone 12 Pilot Program was anticipated to dissolve upon having no
demand from residents from the referenced properties and, to date, demand continues for these
residential slots with 61 residents of the Waverly and Grand Flamingo on a waiting list for these
slots; and
WHEREAS, on May 30,2014, the NCAC held a discussion regarding the participation of
the Waverly and Grand Flamingo residents in Residential Parking Zone l2lUpper West Avenue;
and
WHEREAS, the NCAC recommended that the Administration immediately discontinue
the participation of Waverly and Grand Flamingo residents in the Zone 12 Pilot Program through
attrition and to discontinue its related waiting list.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee and authorize the City Administration to immediately discontinue the participation
405
of Waverly and Grand Flamingo residents in the Residential Parking Zone lZlUpper West
Avenue Pilot Program through attrition and to discontinue the related waiting list.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
Rafae! E. Granado, City Clerk Philip Levine, Mayor
TAGENDA\2014Uu1y23\Parking\RecommendationFCWPCTowingPermitAdditionalRequirements.res.doc
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTIONatl/t*_t+(,'
Citv Attunev n Dote
406
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407
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution accepting the recommendation of the Neighborhoods and Community Affairs
Committee (NCAC) to increase parking availability at Municipal Parking Lot No. No. P71 by
discontinuing monthly parking permit sales; transition existing permit holders to alternate municipal
facilities, in a : and if necessary, increase parkinq fees to reduce demand.
Kev Intended Outcome Supported:
Commission A Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-
Vehicular to Vehicular And lncludinq Parkinq).
Supporting Data (Surveys, Environmental Scan, etc
ln FY 12113, the Parking Department issued a total of 14,721 parking citations for obstruction of traffic
and loading zone violations. ln Q1 and 2of FY 13114,8,458 parking citations have been issued,
which extraoolated a to 16,916. an increase of 13o/o.
ltem Summarv/Recommendation :
The City has various surface parking lots located either across from or along beachfront property.
Currently, utilization of most of these facilities is near or at capacity at peak times from demand
generated by employees and/or patrons of nearby hotels and restaurants. This substantially
diminishes parking opportunities for residents and the public at-large seeking parking opportunities to
enjoy recreational activities, including beaches, parks, and the Boardwalk or Beachwalk. On May 30,
2014, the NCAC held a discussion on ltem No. 5, entitled, "Policies for Use of Beachfront Parking
Lots". Concerns were raised with regard to the lack of parking availability at Municipal Parking Lot No.
P71, located on 46th Street and Collins Avenue. This parking facility is in high demand as it services
hotels and their ancillary uses, including their employee parking needs. lt also services competing
residents' and visitors' parking needs when visiting recreational activities in the area, including the
beach and boardwalk. lt is the only municipal parking facility in the vicinity. The nearest municipal
parking facility is on 42nd Street to the south and 53'o Street to the north.
Parking management strategies for supply and demand include policy directives, regulation, pricing,
and enforcement. The most expedient manner by which to increase parking availability is to
discontinue monthly permit parking and, if necessary, increase parking fees to further reduce parking
demand. The NCAC approved a motion to discontinue monthly parking at this facility; relocate all120
existing permit holders, in a phased approach; and, if necessary, increase parking fees to further
reduce parking demand. lf approved by the Mayor and Commission, the Administration will
discontinue monthly parking permits sales at this facility; relocate existing monthly permit holders, in a
phase approach through LIFO (Last-ln/First-Out). lf, after a prudent period, parking availability
continues to be an issue then pursuant to the recommendation of the NCAC and if approved by the
Mayor and Commission, the Administration will pursue increased hourly metered or flat parking rates
to further reduce parking demand at Municipal Parking Lot No. P71. An amendment to parking fees
will require passage of an ordinance at two City Commission meetings.
The Administration recommends that the City Gommission approve the Resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmpact Summary:
Saul Frances, extension 6483
Departmegt Director Assistant City lUQgAger citi llanager
sF Et KGB 1Fq ',JLMA dv
T:\iAGENDA\2014U
r./
AGENDA lTEILl c7HE MIAMIBEACH a,rfe 7d*//408
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSI MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
the City
SUBJECT: A RESOLUTTON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NETGHBORHOODS AND COMMUNTTY AFFATRS COMMITTEE (NGAC) TO
INCREASE PARKING AVAILABILITY AT MUNICIPAL PARKING LOT NO. P71
BY DISCONTINUING MONTHLY PARKING PERMITS SALES; TRANSITION
EXISTING PERMIT HOLDERS TO ALTERNATE MUNICIPAL PARKING
FACILITIES, lN A PHASED APPROACH; AND lF NECESSARY, INCREASE
PARKING FEES TO REDUCE DEMAND.
BACKGROUND
The City has various surface parking lots located either across from or along beachfront
property. Currently, utilization of most of these facilities is near or at capacity at peak times
from demand generated by employees and/or patrons of nearby hotels and restaurants. This
substantially diminishes parking opportunities for residents and the public at-large seeking
parking opportunities to enjoy recreational activities, including beaches, parks, and the
Boardwalk or Beachwalk.
On May 30,2014, the Neighborhoods and Community Affairs Committee (NCAC) held a
discussion on ltem No. 5, entitled, "Policies for Use of Beachfront Parking Lots". Concerns
were raised with regard to the lack of parking availability at Municipal Parking Lot No. P71,
located on 46th Street and Collins Avenue. This parking facility is in high demand as it
services hotels and their ancillary uses, including their employee parking needs. lt also
services competing residents' and visitors' parking needs when visiting recreational activities
in the area, including the beach and boardwalk. lt is the only municipal parking facility in the
vicinity. The nearest municipal parking facility is on 42n0 Street to the south and 53'o Street
to the north.
Parking management strategies for supply and demand include policy directives, regulation,
pricing, and enforcement. The most expedient manner by which to increase parking
availability is to discontinue monthly permit parking and, if necessary, increase parking fees
to further reduce parking demand.
The NCAC approved a motion to discontinue monthly parking at this facility; relocate all120
existing permit holders, in a phased approach; and, if necessary, increase parking fees to
further reduce parking demand.
lf approved by the Mayor and Commission, the Administration will discontinue monthly
parking permits sales at this facility; relocate existing monthly permit holders, in a phase
approach through LIFO (Last-ln/First-Out). lf, after a prudent period, parking availability
continues to be an issue then pursuant to the recommendation of the NCAC and if approved
409
July 23,2Ua City Commission Memo
Recommendation NCAC Beachfront Parking Lots
Page 2 of 2
by the Mayor and Commission, the Administration will pursue increased hourly metered or
flat parking rates to further reduce parking demand at Municipal Parking Lot No. P71. An
amendment to parking fees will require passage of an ordinance at two City Commission
meetings.
CONCLUSION
Pursuant to the direction received from the NCAC, on May 30,2014, regarding beachfront
parking lots, and if endorsed by the Mayor and Commission, the Administration will
discontinue monthly parking permits sales at this facility; relocate existing monthly permit
holders, in a phase approach through LIFO (Last-ln/First-Out). lf, after a prudent period,
parking availability continues to be an issue then pursuant to the recommendation of the
NCAC, and if approved by the Mayor and Commission, the Administration will pursue
increased hourly metered or flat parking rates to further reduce parking demand at Municipal
Parking Lot No. P71.
o
^/,.\rq/
JLM/K6BISF
T:\AGENDA\2014\July\Parking\RecommendationNCACBeachfrontParkingLotsJuly232014.mem.doc
410
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE NETGHBORHOOD/COMMUNTW AFFAIRS COMMITTEE (NCAC) AT
lTS MAY 30, 2014 MEETING AND AUTHORIZING THE CITY
ADMINISTRATION TO INGREASE PARKING AVAILABILITY AT
MUNICIPAL PARKING LOT NO. P71 BY DISCONTINUING MONTHLY
PARKING PERMITS SALES; TRANSITION EXISTING PERMIT HOLDERS
TO ALTERNATE MUNICIPAL PARKING FACILITIES, IN A PHASED
APPROACH; AND, IF NECESSARY TO REDUCE DEMAND AFTER A SIX
MONTH PERIOD, TO INCREASE PARKING FEES.
WHEREAS, the City has various surface parking lots located either across from or along
beachfront property and utilization of most of these facilities is near or at capacity at peak times
from demand generated by employees and/or patrons of nearby hote[s and restaurants; and this
demand substantially diminishes parking opportunities for residents and the public at-large
seeking parking to enjoy recreational activities, including beaches, parks, and the Boardwalk or
Beachwalk; and
WHEREAS, on May 30, 2014, the Neighborhoods and Community Affairs Committee
(NCAC) held a discussion on ltem No. 5, entitled, "Policies for Use of Beachfront Parking Lots"
and concerns were raised with regard to the lack of parking availability at Municipal Parking Lot
No. P71, located on 46th Street and Collins Avenue; and
WHEREAS, Municipal Parking Lot No. P71 is in high demand as it services hotels and
their ancillary uses, including their employee parking needs, and Lot No. P71 services
competing residentsi and visitors' parking needs when visiting recreational activities in the area,
including the beach and boardwalk; and the only municipal parking facility in the vicinity is on
42nd Street to the south and 53'd Street to the north; and
WHEREAS, parking management strategies for supply and demand include policy
directives, regulation, pricing, and enforcement, and the most expedient manner by which to
increase parking availability is to discontinue monthly permit parking and, if necessary, increase
parking fees to further reduce parking demand; and
WHEREAS, the NCAC approved a motion to discontinue monthly parking at this facility;
relocate all 120 existing permit holders, in a phased approach; and, if necessary, increase
parking fees to further reduce parking demand; and
WHEREAS, the Mayor and Commission accept the recommendation of the NCAC at its
May 30, 2014 meeting and authorize the Administration to discontinue monthly parking permits
sales at Municipal Parking Lot No. P71; relocate existing monthly permit holders, in a phased
approach through LIFO (Last-ln/First-Out); and if, after a six month period, parking availability
continues to be an issue, the Administration is authorized to increase hourly metered or flat
parking rates to further reduce parking demand at Municipal Parking Lot No. P71.
411
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendations of the Neighborhood/Community Affairs Committee at its May 30, 2014
meeting and hereby authorize the increase parking of availability at Municipal Parking Lot No.
No. P71 by discontinuing monthly parking permit sales; transition existing permit holders to
alternate municipal parking facilities, in a phased approach; and, if necessary to reduce demand
after a six month period, to increase parking fees.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014\July\Parking\RecommendationNCACBeachFrontParkingLots.res.doc
412
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413
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution of the Mayor and City Commission Accepting the Recommendation from the
Neighborhood and Community Affairs Committee to Establish a Fully-Accessible Beach Adjacent to
Allison Park and to lnclude an Adaotive and lnclusive at Allison Park.
TheCity of Miami Beach offers many American Disability Act (ADA) compliant amenities to increase
availability and access to the City and its beaches. The City has nine swim ropes that provide a safety
aide for beachgoers entering and exiting the water, mobi-mats at 16 beach entrances that reduce the
chances of slips, trips, and falls, and free beach wheelchair service daily during lifeguard duty hours.
However, the City does not currently offer a fully-accessible beach.
The Disability Access Committee has requested that the City, in partnership with the Sabrina Cohen
Foundation, develop a fully-accessible beachside location that offers recreational and fitness services
to the City's disabled residents and visitors. Additionally, an adaptive and inclusive playground has
been requested to allow children with cognitive and/or physical challenges full access to the same
playground equipment as other children and to allow children of multiple abilities to play together.
Statf has identified Allison Park at 65 Street as the best potential location to establish a fully-
accessible beach that is ADA compliant and to include an adaptive and inclusive playground. This
location was selected because the park is currently under-utilized and because it is already outfitted
with restrooms, parking, a lifeguard tower, and other elements necessary to fully serve their users.
Furthermore, the City already has funding available for the development of Allison Park.
During the Coastal Construction Control Line (CCCL) permitting process, the City will propose to the
State that these elements include installation of mobi-mat or similar ADA compliant surface connecting
the beachwalk to a scatter point located closer to the Mean High Water Line, temporary shade
structures, a swim rope, and signage. The fully-accessible beach design and construction can begin
independently of the adaptive and inclusive playground. Staff will work with the State to obtain the
necessary approvals required for the accessibility elements proposed on the state-owned beach and
the adaptive and inclusive playground located east of the CCCL. Permitting for both elements is
estimated to take between six to twelve months.
The Administration recommends adoptinq the resolution.
Glerk's Office slative Tracki
N DA\20 1 4\J uly\Fully-Accessible Beach
AGEI.IDA .TEM C7Z
Build and Maintain I nfrastructure With Full Accountabi
Supporting Data= 2014 Customer Satisfaction Four out of five residents (77Vo) rated the
of life in Miami Beach as excellent or
On March 28, 2014, the NCAC passed a motion referring this item to Commission with a positive
recommendation. On May 30, 2014, the NCAC passed a motion by majority vote recommending that
the City Commission approve the inclusion of an adaptive and inclusive playground in the design plan
for Allison Park and that the at this location.
Financial lnformation :
Source of
Funds:
Amount Account
1
OBPI Total
Financial lmpact Summary: The Parks Department has requested $500,000 in funding for FY
2014115 for the Allison Park design. Approximately $290,000 of Florida Department of Transportation
(FDOT) funding is also available for construction costs and $60,000 from ADA Parking Fines Fund are
available for the fully-accessible beach elements.
Elizabeth Wheaton x6121 and John Rebar x6643
E MIAMIBTACH al;:E 7'e3^/?414
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUB.JECT: A RESOLUTION OF THE MA CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA APPROVING AND ACCEPTING THE RECOMMENDATION FROM
THE NEIGHBORHOOD AND GOMMUNITY AFFAIRS COMMITTEE AT THEIR MARCH
28,2014 MEETING TO ESTABLISH A BEACH WITH ACCESSIBLE ELEMENTS AT
THE BEACH ADJACENT TO ALLISON PARK AND FURTHER APPROVING AND
ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD AND COMMUNITY
AFFAIRS COMMITTEE AT THEIR MAY 30, 2014 MEETING TO INCLUDE AN
ADAPTIVE AND INCLUSIVE PLAYGROUND AT ALLISON PARK LOCATED AT 6500
COLLINS AVENUE.
BACKGROUND
Fullv-Accessible Beach
The City of Miami Beach offers many American Disability Act (ADA) compliant amenities to
increase availability and access to not only the City itself, but also its seven miles of beautiful
beaches. The City has mobi-mats at 16 beach entrance locations (AttachmentA). Mobi-mats are
heavy-duty, polyester mats that provide traction, allowing the disabled and other users to traverse
from the beachwalk system or parking lots to the hardpack sand while reducing the chance of slips,
trips and falls. Currently, the mobi-mats only extend to the eastern edge of the dunes and end
where the hardpack sand begins.
Ocean Rescue provides a number of ADA services, including free beach wheelchairservice during
lifeguard duty hours every day. The City's beach wheelchair fleet includes two manual and two
motorized chairs, with one motorized chair located at South Pointe Park and the otherthree chairs
located at the Ocean Rescue Headquarters at 10 Street. ln addition, there are nine swim ropes that
provide a safety aide for beachgoers entering and exiting the water (Attachment B).
At this time, the City does not currently otfer a fully-accessible beach. The Disability Access
Committee has requested that the City, in partnership with the Sabrina Cohen Foundation, develop
a fully-accessible beachside location that offers recreational and fitness services to the City's
disabled residents and visitors, Attachment C includes the full proposalfrom the DisabilityAccess
Committee dated March 3, 2014. On March 28, 2014, the Neighborhood Community Affairs
Committee passed a motion referring this item to Commission for discussion with a positive
recommendation.
415
Fully-Accessible Beach and Adaptive and lnclusive Park Memo
July 23,2014
Page 2 of 3
Adaptive and lnclusive Plavqround
While the City has ADA-accessible playgrounds, the City currently does not have an adaptive and
inclusive playground. lt is estimated that there are 7 million children in the United States who have
a disability that makes it hard for them to use most public playgrounds. An adaptive playground will
provide children with sensory, cognitive and/or physical challenges with the ability to have full
access to the same playground equipment as other children. An inclusive playground is designed
to speqifically ensure that children of multiple abilities can play together-not just along side each
other.
There are many elements that can be incorporated into the design of a playground including
surfacing, ramping the structure, adding sensory panels, textures and sound, and adding ADA
Swings to allow children access to the structure and to provide for easily-accesible transfer
stations. On May 30,2014, the NCAC passed a motion by majority vote recommending that the
City Commission approve the inclusion of an adaptive and inclusive playground in the design plan
for Allison Park and that the fully-accessible beach also be developed at this location.
ANALYSIS
Staff has identified Allison Park at 65 Street as the best potential location to establish a fully-
accessible beach that is ADA compliant and to include an adaptive and inclusive playground (see
Attachment D). This location was selected because the park is currently under-utilized and because
it is already outfitted with restrooms, parking, and other elements necessary to fully serve their
users, including an existing lifeguard tower. Allison Park is also in close proximity to the Shane
Watersports Center, where additionalADA accessible components can be incorporated, including
the recreational and fitness elements that were requested by the Disability Access Committee.
Furthermore, the City already has funding available for the development of Allison Park.
The Parks and Recreation Department has requested funding in the amount of $500,000 for FY
2014115 to begin a conceptual design plan and construction for enhancements to Allison Park. ln
addition, the Florida Department of Transportation (FDOT) has committed to the City approximately
$291,000 toward construction costs beginning in July 2015.
There is currently $60,000 available in the ADA Parking Fines Fund that staff recomrnends be used
to establish the fully-accessible beach elements. During the Coastal Construction Control Line
(CCCL) permitting process, the City will propose to the Florida Department of Environmental
Protection (FDEPT) that these elements include installation of mobi-mat or similarADA compliant
surface that will connect the beachwalk to a scatter point located closer to the Mean High Water
Line, temporary shade structures, on-site beach wheelchairs, a swim rope and signage. The fully-
accessible beach design and construction can begin independently of the adaptive and inclusive
playground in order to have the beach elements established sooner.
Staff will work with the FDEP to obtain the necessary approvals required for the accessibility
elements that are proposed on the state-owned beach and the adaptive and inclusive playground
located east of the CCCL. Permitting for both elements is estimated to take between six to twelve
months.
CONCLUSION
The Administration recommends adopting the resolution.
416
Fully-Accessible Beach and Adaptive and lnclusive Park Memo
July 23, 2014
Page 3 of 3
Attachments: A.
B.
c.
D.
JLM/MT/ETC/JJF,
Mobi-mat Locations
Swim Rope Location Map
Accessible Beach Proposal From The Disability Access Committee
Accessible Beach Location Map
T:\AGENDA\201 4Uuly\Fully-Accessible Beach & Plalground - MEM.doc
417
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA APPROVING AND ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS
COMMITTEE AT ITS MARCH 28, 2014 MEETING TO ESTABLISH A
BEACH WITH ACCESSIBLE ELEMENTS AT THE BEACH ADJACENT TO
ALLISON PARK AND FURTHER APPROVING AND ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/ COMMUNITY AFFAIRS
COMMITTEE AT lTS MAY 30, 2014 MEETING TO INCLUDE AN
ADAPTIVE AND INCLUSIVE PLAYGROUND AT ALLISON PARK
LOCATED AT 6500 COLLINS AVENUE.
WHEREAS, the City of Miami Beach offers many American Disability Act (ADA)
compliant amenities to increase availability and access to not only the City itself, but also its
seven miles of beautiful beaches; and
WHEREAS, the City has mobi-mats at 16 beach entrance locations which are heavy-
duty, polyester mats that provide traction, allowing the disabled and other users to traverse from
the beachwalk system or parking lots to the hardpack sand while reducing the chance of slips,
trips, and falls; and
WHEREAS, Ocean Rescue provides a number of ADA services, including free beach
wheelchair service during lifeguard duty hours every day. The City's beach wheelchair fleet
includes two manual and two motorized chairs, with one motorized chair located at South Pointe
Park and the other three chairs located at the Ocean Rescue Headquarters at 1Oth Street; and
WHEREAS, at this time, the City does not currently offer a fully-accessible beach; and
WHEREAS, the Disability Access Committee has requested that the City, in partnership
with the Sabrina Cohen Foundation, develop a fully-accessible beachside location that offers
recreational and fitness services to the City's disabled residents and visitors; and
WHEREAS, the complete proposal from the Disability Access Committee dated March
3, 2014 is attached for reference; and
WHEREAS, on March 28, 2014, the Neighborhood/Community Affairs Committee
(NCAC) passed a motion referring this item to the City Commission for discussion with a
positive recommendation; and
WHEREAS, while the City has ADA-accessible playgrounds, the City currently does not
have an adaptive and inclusive playground; and
WHEREAS, on May 30, 2014, the NCAC passed a motion by majority vote
recommending that the City Commission approve the inclusion of an adaptive and inclusive
playground in the design plan for Allison Park and that the fully-accessible beach also be
developed at the same location; and
WHEREAS, City Staff has identified Allison Park at 65th Street as the best potential
location to establish a fully-accessible beach that is ADA compliant and to include an adaptive
and inclusive playground; and
418
WHEREAS, this location was selected because Allison Park is currently under-utilized
and because it is already outfitted with restrooms, parking, and other elements necessary to
fully serve its users, including an existing lifeguard tower. ln addition, Allison Park is also in
close proximity to the Shane Watersports Center where additional ADA accessible components
can be incorporated, including the recreational and fitness elements that were requested by the
Disability Access Committee; and
WHEREAS, the Parks and Recreation Department has requested funding in the amount
of $500,000 for FY 2014115 to begin a conceptual design plan and construction for
enhancements to Allison Park; and
WHEREAS, in addition, the Florida Department of Transportation (FDOT) has
committed approximately $29t,000 to the City toward construction costs at Allison Park
beginning in July 2015; and
WHEREAS, there is currently $60,000 available in the ADA Parking Fines Fund that City
Staff recommends be used to establish the fully-accessible beach elements at Allison Park; and
WHEREAS, during the Coastal Construction Control Line (CCCL) permitting process,
the City will propose to the Florida Department of Environmental Protection (FDEPT) that these
elements include installation of mobi-mat or similar ADA compliant surface that will connect the
beachwalk to a scatter point located closer to the Mean High Water Line, temporary shade
structures, a swim rope, and signage; and
WHEREAS, the fully-accessible beach design and construction can begin independently
of the adaptive and inclusive playground in order to have the beach elements established
sooner; and
WHEREAS, City Staff will work with the FDEP to obtain the necessary approvals
required for the accessibility elements that are proposed on the state-owned beach and the
adaptive and inclusive playground located east of the CCCL; and
WHEREAS, permitting for both the beach and the playground elements is estimated to
take between six to twelve months.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and accept the recommendation of the Neighborhood/ Community
Affairs Committee at its March 28,2014 meeting to establish a beach with accessible elements
at the beach adjacent to Allison Park; and further approve and accept the recommendation of
the Neighborhood/Community Affairs Committee at its May 30, 2014 meeting to include an
adaptive and inclusive playground at Allison park located at 6500 Collins Avenue, as set forth
herein.
PASSED and ADOPTED this
ATTEST:
day of 2014.
Philip Levine, Mayor
APPROVED AS TO
FONU & ISNGUAGE
& FOltExEcuTloN:-;'c,E '1fLl+
Dote
Rafael E. Granado, City Clerk
City Attornev {419
AttachmentA
L
2
3
4
5
6
7
8
9
10
11
12
13
74
15
15
MOBI . MATS LOCATIONS
LOCATION
BEHIND JETTY TOWER
BEHIND 1ST TOWER
5TH STREET ENTRANCE
8TH STREET ENTRANCE
6TH STREET
1OTH STREET
14TH STREET
15TH STREET
LINCOLN RD.
177H STREET
19TH STREET
64TH STREET
59TH STREET
72N D STREET
7ATH STREET
79TH STREET ENTRANCE
420
attachneat B
t., l
//,
.trili Ir'Jr,l
i:::l,ii::
! r::,
;,&
i .l
City of Miami Beach
Beach Swim Ropes Locations
421
Atl:chneilt C
March 3,2014
RE: ACCESSIBLE BEACH PROPOSAL FROM THE DISABILITY COMMITTEE
Dear Mayor Levine and City Commissioners,
For the past few months, the Disabilify Access Committee has worked very closely with me,
Vice Chair of the committee, and my foundation (sabrina Cohen FoundationJ, to locate and
develop a fully accessible beachside location in Miami Beach that offers recreational and
fitness services to our disabled residents and visitors.
On behalf of the DAC Committee, we are proposing to moye our beach accessible project
forward with your support. Our goal is to section off a portion of the beach to make it truly
inclusive for people with challenges, as it currently Iimits one's ability to fully experience a
day at the beach due to current limits on the MobiMat extensions fwhich currently lie on
10e and 5e on Ocean Drive). To date, site visits have been with Anthony Kaniewski, Property
Management Division, to both Ocean Drive locations. Bill Baggs State Park, plus 46ft and 76e
Collins Avenue. We have met with MobiMat representatives for cost estimates and already
have the support from the Boucher Brothers, who are eager to extend and include
accessible beach and water activities under their leadership for our community program.
In addition to the beach component of our proposal, the DAC also strongly encourages
moving the plans forward to build an adaptive fitness center and fully inclusive playground
for our residents and visitors of all ages with cognitive and physical disabilities. North
Beach, 76th and Collins, has been proposed as one such location, which would greatly
benefit from this entire program to help build a stronger community in the area.
With your suppofc, direct partnership with the Sabrina Cohen Foundation and DAC, we are
confident that we will fill a very important unmet need in our community. We plan on
executing our goais of the entire project with the heip of citywide funds and a capital
campaign operated by the Foundation. A complete business plan and financial model is
now ready for delivery to your office.
As per our last DAC Meeting on Tuesday, February 18, ?014, a motion was made with the
full support of the committee to refer our project back to the ciry with a proposal. Our next
step is to have our project placed on the next city agenda for further discussion to select an
ideai location for this much anticipated and necessary community program.
Thank You,
Sabiina Cohen,
Vice Chair, DAC
Disability Access Gornmittee Sabrina Cohen Foundation
422
Legend
Coastal Construction Control Line (CCCL)
Erosion Control Line (ECL)
* Proposed ADA Beach Location
423
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Accepting The
Recommendation Of The Neighborhood/Community Affairs Committee At lts June 27, 2014 Meeting And
Authorizinq The Administration To An On-Site After SchoolTeen Proqram At Nautilus Middle School.
lncrease satisfaction with recreational
Supporting Data (Surveys, Environmental Scan, etc
The City's Parks and Recreation Department currently offers two afterschool teen programs in the City. They
include the 21st Street Teen Center and the Fairway Park Teen Program. Nautilus Middle School currently
does not pffer an afterschool program for their students. Many of the Nautilus Middle School students
participate in one of the City's Parks and Recreation afterschool teen programs. Staff has met with
representatives from Miami Dade County Schools and Nautilus Middle School to discuss possible
opportunities for creating a partnership for an afterschool teen program for students attending Nautilus Middle
School.
An item was presented at the June 27 ,2014 Neighborhood/Community Affairs Committee meeting where the
Administration proposed to begin operating a new afterschool teen program out of Nautilus Middle School
beginning with the 2014-2015 school year at no charge for the participants. By a unanimous vote, the
Committee passed a motion accepting the Administration's proposal and recommended that the item be
presented to the full City Commission. A summary of the proposed afterschool teen program is provided
below:o The City will provide full staffing to operate the program. (1 Full Time Recreation Leader ll, 3 Part
Time Recreation Leader l, 1 Municipal Service Worker for transportation).. The proposed program hours are from 3:45 p.m. to 7:00 p.m., Monday through Friday.o The City would provide transportation to North Shore Park at end of each day.. During non-school days, including spring and winter breaks, programming would be transferred to the
21st Street Teen Center or Fairway Park.. Programming would include mentoring, social skills classes, drug prevention courses, art classes and
athletic activities provided by City Staff.o Homework assistance and tutoring would be provided by School Staff.. The program would encourage teens to participate in community volunteer efforts that will also serve
to satisfy the 20 hours school requirement for graduation.. Fieldtrips would be offered as an educational component to reinforce school curriculum, expose
students to experiences they would not otherwise have and as an incentive for participation,
attendance and behavior.
The Administration recommends for the City Commission to the resolution.
hborhood/Community Atfairs Committee moved to present the proposed resolution at their meeting of
une 27, 2014.
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmpact Summary:
John RebarXT.6644
AGE}IDA ITEM C7 TS AAIAAAIBEACH DATE ?4,91C/
-
424
g MIAMI BEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: ' Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF
' THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS
JUNE 27, 2014 MEETING AND AUTHORIZING THE ADMINISTRATION
TO OPERATE AN ON.SITE AFTER SCHOOL TEEN PROGRAM AT
NAUTILUS MIDDLE SCHOOL.
BACKGROUND
The City's Parks and Recreation Department currently offers two afterschool teen programs in the
City.. They include the 21st Street Teen Center and the Fairway Park Teen Program. Nautilus
Middle School currently does not offer an afterschool program for their students. Many of the
Nautilus Middle School students participate in one of the City's Parks and Recreation afterschool
teen programs. Staff has met with representatives from Miami Dade County Schools and Nautilus
Middle School to discuss possible opportunities for creating a partnership for an afterschool teen
program for students attending Nautilus Middle School.
An item was presented at the June 27,2014 Neighborhood/Community Affairs Committee meeting
where the Administration proposed to begin operating a new afterschool teen program out of
Nautilus Middle School beginning with the 2014-2015 school year at no charge for the participants.
By a unanimous vote, the Committee passed a motion accepting the Administration's proposal and
recommended that the item be presented to the full City Commission. A summary of the proposed
afterschoolteen program is provided below:
Nautilus Afterschool Teen Program Summary
o The City will provide full staffing to operate the program. (1 Full Time Recreation Leader ll, 3
Part Time Recreation Leader l, 1 Municipal Service Workerfortransportation).. The proposed program hours are from 3:45 p.m. to 7:00 p.m., Monday through Friday.. The City would provide transportation to North Shore Park at end of each day.o During non-school days, including spring and winter breaks, programming would be
transferred to the 21st Street Teen Center or Fainnray Park.. Programming would include mentoring, social skills classes, drug prevention courses, art
classes and athletic activities provided by City Staff.. Homework assistance and tutoring would be provided by School Staff.. The program would encourage teens to participate in community volunteer efforts that will
also serve to satisfy the 20 hours school requirement for graduation.o Fieldtrips would be offered as an educational component to reinforce school curriculum,
expose students to experiences they would not otherwise have and as an incentive for
participation, attendance and behavior.
425
City Commission Memorandum -Afterschool Teen Program Nautilus Middle School
July 23,20'14
Page 2 of 2
lmplementation of a new afterschoolteen program would result in a minimal impact to the City. Staff
anticipates a reduction of approximately 31 of 211 participants from the 21st Street Teen Center
and a reduction of 36 of 69 participants from the Fairway Park Teen Program. Existing staff would
still be necessary on site to satisfy counselor to student ratio requirements and manage the park
facility. However, staff would be tasked to manage additional parks that are not currently staffed,
such as Stillwater, Crespi and Tatum Park. Therefore, we do not anticipate any financial savings to
be realized as a result of this program.
Typically, school programming is mostly educational while the City's program includes education,
recreation, drama and athletics components. The City's program structure will better engage and
captqre the interest of the teen population versus a traditional afterschool program. The proposed
structure would mimic the existing programming at 21st Street and Fairway which, has been
extremely successful. lmplementation of this program will provide positive interaction with an adult
beside a parent or teacher, which have been proven to benefit youth of this age group. As we know,
entering middle school is developmentally challenging. lmplementing an afterschool teen program
at Nautilus Middle School would provide additional support for successful entry and passage
through middle school. Based on the aforementioned, the Administration recommends for the City
Commission to adopt the resolution.
JLM/JLT
T:\AGENDA\2014Uuly\Parks and Rec\Nautilus Teen Center\Nautilus Teen Center MEMO.docx
426
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS
JUNE 27,2014 MEETING AND AUTHORIZING THE ADMINISTRATION TO
OPERATE AN ON.SITE AFTER SCHOOL TEEN PROGRAM AT
NAUTILUS MIDDLE SCHOOL DURING THE2O14I2O{5 SCHOOL YEAR.
WHEREAS, the City's Parks and Recreation Department currently offers two afterschool
teen programs in the City at 21't Street Teen Center and at Fainrvay Park; and
WHEREAS, Nautilus Middle School currently does not offer an afterschool program for
its students; and
WHEREAS, many of the Nautilus Middle School students participate in one of the City's
Parks and Recreation afterschoolteen programs; and
WHEREAS, City Staff has met with representatives from Miami-Dade County Schools
and Nautilus Middle School to discuss possible opportunities for creating a partnership for an
afterschool teen program for students attending Nautilus Middle School during the 201412015
School Year; and
WHEREAS, an item was presented at the June 27, 2014 Neighborhood/Community
Affairs Committee (NCAC) meeting by the Administration which proposed to begin operating a
new afterschool teen program at Nautilus Middle School beginning with the 2014-2015 School
Year at no charge for the participants; and
WHEREAS, by a unanimous vote, the NCAC passed a motion accepting the
Administration's proposal and recommended that the item be presented to the full City
Commission; and
WHEREAS, a summary of the proposed afterschool teen program is provided below:
. The City will provide full staffing to operate the program.. The proposed program hours are from 3:45 p.m. to 7:00 p.m., Monday through Friday.. The City will provide transportation to North Shore Park at the end of each day.o During non-school days, including spring and winter breaks, programming will be
transferred to the 21st Street Teen Center or Fainruay Park.o Programming will include mentoring, social skills classes, drug prevention courses, art
classes, and athletic activities provided by City Staff.. Homework assistance and tutoring will be provided by School Staff.o The program will encourage teens to participate in community volunteer efforts that will
also serve to satisfy the 20 hours school requirement for graduation.. Fieldtrips would be offered as an educational component to reinforce school curriculum,
expose students to experiences they would not othenrise have, and will also be offered
as an incentive for participation and attendance.
427
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE GITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee at its June 27,2014 meeting, and authorize the City Administration to operate an on-
site afterschool teen program at Nautilus Middle School during the 2014115 School Year as set
forth herein.
PASSED and ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
Philip Levine, Mayor
day of 2014.
APPROVED AS TO
FORM & IANGUAGE
L 2!,+(,+
Dote
428
THIS PAGE INTENTIONALLY LEFT BLANK
429
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute An lnterlocal Contract Between Miami-Dade County
And The Citv Of Miami Beach. Florida, To Provide For Treatment and Disposal Service
!ntended Outcome
Su Data Environmental Scan. etc.): N/A
Item Summary/Recommendation :
On May 17, 1972, the Department of Water and Sewers of the City of Miami and the City of Miami
Beach (City) entered into a contract providing for sewage treatment and disposal as well as a separate
contract for cost participation in the enlargement of the sewage treatment plant on Virginia Key and the
extension of the ocean outfall. The sewage disposal service contract was for a period of thirty (30)
years.
Miami-Dade County (County) is legal successor in interest to the Department of Water and Sewers of
the City of Miami and has assumed all rights, duties and obligations of that entity.
County and the City desire to enter into a new lnterlocal Contract Agreement, so that the County can
continue to render sewage treatment and disposal services to the City. The Miami-Dade Water and
Sewer Department operates and maintains the County's sewage system. Similarly, the City entered
into a contract with the County on July 29, 2008 for the supply of a potable water source for twenty (20)
years.
Pursuant to the terms and conditions of the lnterlocal Contract Agreement, the City shall collect and
deliver to the County, all of the City's sewage for disposal by the County, including sewage received by
the City from Bal Harbour Village, the Town of Bay Harbour lslands, and the Town of Surfside during
the effective period of this contract. The proposed term of the contract is twenty (20) years.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION
Financial lnformation:
Source of
Funds:
Amount Account
1
OBPI I Total
Financial lmpact Summary:
T:\AGENDA\2014Uuly\Public Works\Sewage Disposal Service Agreement. Summary.docx
AGENDA NAII C7K
BArE ?43^//E MIAMIBEACH 430
g MIAMI BEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
f the City
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL CONTRACT BETWEEN MIAMI-
DADE COUNTY AND THE CITY OF MIAMI BEACH, FLORIDA, TO PROVIDE FOR
SEWAGE AND DISPOSAL TREATMENT SERVICE.
ADMINISTRATION RECOMMEN DATION
The Administration recommends approving the Resolution.
BACKGROUND
On May 17, 1972, the Department of Water and Sewers of the City of Miami and the City of
Miami Beach (City) entered into a contract providing for sewage treatment and disposal as well
as a separate contract for cost participation in the enlargement of the sewage treatment plant
on Virginia Key and the extension of the ocean outfall. The sewage disposal service contract
was for a period of thirty (30) years.
Miami-Dade County (County) is legal successor in interest to the Department of Water and
Sewers of the City of Miami and has assumed all rights, duties and obligations of that entity.
County and the City desire to enter into a new lnterlocal Contract Agreement, so that the
County can continue to render sewage treatment and disposal services to the City. The Miami-
Dade Water and Sewer Department operates and maintains the County's sewage system.
Similarly, the City entered into a contract with the County on July 29,2008 for the supply of a
potable water source for twenty (20) years.
Pursuant to the terms and conditions of the lnterlocal Contract Agreement, the City shall collect
and deliver to the County, all of the City's sewage for disposal by the County, including sewage
received by the City from Bal Harbour Village, the Town of Bay Harbour lslands, and the Town
of Surfside during the effective period of this contract. The proposed term of the contract is
twenty (20) years.
431
Commission Memorandum -Miami-Dade County/CiU of Miami Beach Sewage Disposal Agreement
Page 2 of 2
CONCLUSION
The Administration recommends approving the Resolution.
Attachment: lnterlocal Contract between Miami-Dade County and the City of Miami Beach
Florida providing for sewage disposal service.
JLM/Mr/E$BAM/FRS
T:\AGENDA\2014Uuly\Public Works\Sewage Disposal Service Agreement. Memo.doo<
432
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND C!ry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN INTERLOCAL CONTRACT BETWEEN
MIAMI-DADE GOUNW AND THE CITY, FOR A TERM OF TWENTY YEARS,
PROVIDING FOR THE GITY'S SEWAGE TREATMENT AND DISPOSAL
SERVICES BY MIAMI.DADE COUNry.
WHEREAS, on May 17, 1972, the City of Miami Department of Water and Sewer
(Department) and the City of Miami Beach (City) entered into a contract, for a period of thirty
years, wherein the Department agreed to provide the sewage treatment and disposal services
to the City; and
WHEREAS, on May 17 , 1972, the Department and the City also entered into a separate
contract for cost participation in the enlargement of the sewage treatment plant on Virginia Key
and the extension of the ocean outfall; and
WHEREAS, Miami-Dade County (County), which currently operates and maintains the
County's sewage disposal system, is the legal successor in the interest to the Department and
has assumed all rights, duties, and obligations of the Department; and
WHEREAS, the County and City desire to enter into an interlocal contract, for a term of
twenty years, attached hereto and incorporated herein by reference, so that the County may
continue to provide the sewage treatment and disposal services for the City, including sewage
received by the City from Bal Harbour Village, the Town of Bay Harbor lslands, the Town of
Surfside, and the City of North Bay Village during the effective period of this contract.
NOW, THEREFORE, BE !T RESOLVED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission approve and
authorize the Mayor and City Clerk to execute an interlocal contract between Miami-Dade
County and the City, for a term of twenty years, attached hereto and incorporated herein by
reference, providing for the City's sewage treatment and disposal services by Miami-Dade
County.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
2014.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
t (r(r+T:\AGENDA\2014Uuly\Public Works\Sewage Disposal Service Agreement.Reso.docx
.-(
-
Dote
433
Attachment
INTERLOCAL CONTRACT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI BEACH, FLORIDA
PROVIDING FOR SEWAGE DISPOSAL SERVICE
THIS CONTRACT, made and entered into this day of
2014, by and between Miami-Dade County, a political subdivision
of the State of Florida, hereinafter designated as the 'COUNry", and the City of Miami Beach, a
municipal corporation organized and existing under the laws of the State of Florida, hereinafter
designated as the "CITY";
WITNESSETH:
WHEREAS, on May 17, 1972, the Department of Water and Sewers of the City of Miami
and the City of Miami Beach entered into a contract providing for the rendition of sewage
disposal service by the Department of Water and Sewers of the City of Miami to the CITY and
into a contract for cost participation for the enlargement of the sewage treatment plant on
Virginia Key and the extension of the ocean outfall, and;
WHEREAS, the COUNTY is legal successor in interest to the Department of Water and
Sewers of the City of Miami and has assumed all rights, duties and obligations of the
Department, and;
WHEREAS, the COUNTY and CITY desire to enter into this lnterlocal Contract so the
COUNTY can continue to render sewage disposal service to the CITY, and;
WHEREAS, the Miami-Dade Water and Sewer Department, hereinafter referred to as
the "Department", operates and maintains the COUNTY'S sewage disposal system;
WHEREAS,
Miami-Dade Board
Resolution
pursuant to Resolution No.
of County Commissioners on
adopted by the
Miami Beach on
Contract.
and
adopted by the City Commission of the City of
the parties hereunder have the authority to execute this
NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth,
the COUNTY and the CITY agree as follows:
1. lnsofar as it may be lawful to do so and pursuant to the terms herein, the CITY shall collect and
deliver to the COUNTY, all of the CITY'S sewage for disposal by the COUNTY, including
sewage received by the CITY from the Towns of Bal Harbour, Bay Harbor lslands, Surfside, and
the City of North Bay Village, during the effective period of this Contract. Sewage shall be
transmitted by the CITY to the COUNTY, by means of an existing transmission main from the
CITY to the Department's Central District Wastewater Treatment Plant where the flow is
metered.
Miami Beach
Sewage Disposal Service Contrad
2/14/14
434
2 The CITY hereby acknowledges and agrees that any right to connect the CITY to the
COUNTY'S sanitary sewage system is subject to the terms, covenants and conditions set forth
in the First Partial Consent Decree and the Second and Final Partial Consent Decree entered in
United States of America Environmental Protection Agency (EPA) vs. Metropolitan Dade County
(Case Number 93-1109 CIV-Moreno), as currently in effect or as amended or modifled in future
contracts and all other current, subsequent or future contracts; and court orders, judgments,
consent orders, consent decrees and the like entered into between the COUNTY and the United
States, the State of Florida and/or any other governmental entity, and all other current,
subsequent or future enforcement and regulatory actions and proceedings.
The CITY acknowledges that the responsibility of the COUNTY to provide sewage disposal
service under this Contract shall be limited to the CITY,S existing sewer service area, which the
CITY is legally authorized to serve. The COUNTY acknowledges that the sanitary sewage
received by the COUNTY from the CITY includes flow from the Towns of Bal Harbour, Bay
Harbor lslands, and Surfside, and the City of North Bay Village. The COUNTY's master plan for
future flows from the CITY and said Towns and City of North Bay Village are projected for each
municipality and are based on existing flow from the CITY and expected population increases in
each municipality. The Towns of and Bal Harbour, Bay Harbor lslands and the City of North
Bay Village may receive sewage disposal service directly from the COUNTY in the future.
The CITY agrees and warrants that its sewage collection and transmission system and any
extension thereof within its jurisdictional boundaries shall be constructed, operated and
maintained in accordance with the requirements of all applicable federal, state and county laws,
rules, regulations and permit conditions. The operation and maintenance of all facilities within
its jurisdictional boundaries on the CITY'S side of the control valve, Iocated at Jefferson Avenue
and Biscayne Street in the CITY, shall be the sole responsibility of the CITY.
The CITY, at its sole cost and expense, shall operate and maintain in a diligent manner all CITY
structures, force mains, pumps, equipment and other facilities required for the collection of
sewage and transmission to the point of connection with the COUNTY'S facilities, but excluding
the master meter installations.
The COUNTY reserves the right to inspect the CITY'S collection and transmission system and
take samples of the sewage composition at no cost to the CITY to ascertain that said system is
being properly maintained. Said inspections shall be made at reasonable times and upon
reasonable notice in such manner as to least disturb the normal operation of the CITY. The
CITY hereby agrees to pursue and maintain diligent etforts on a regular and timely basis to
reduce infiltration and inflow and to comply with all local, state and/or federal ordinances, laws
and regulations regarding infiltration and inflow correction or reduction as now in effect or as
enacted in the future.
ln order for the COUNry to adequately plan for future capacity demands, within ninety (90)
days following the execution of this Contract and on or before each January 1 thereafter, the
CITY shall submit to the COUNTY the CITY'S projected annual capacity demands for the next
five (5) years. Within one hundred twenty (120) days of the COUNTY'S receipt of the CITY'S
projected annual capacity demands for the next five (5) years, the COUNTY shall notify the
CITY of the COUNTY'S ability or inability to meet said demands, which is subject to local, state
and federal agencies and other regulatory bodies, including, without limitation, the Miami-Dade
Department of Environmental Resources Management, having jurisdiction over such matters.
Miami Beach
Sewage Disposal Service Contrad
2/t4lt4
3.
4.
5.
6.
7.
435
The CITY agrees that the COUNTY shall not be liable or in any way responsible for any costs,
claims or losses incurred by the CITY as a result of actions by such regulatory bodies.
8. The CITY shall not allow or permit construction or installation of any connections of stormwater
mains, which allow stormwater to enter the CITY'S sanitary sewage system. Upon notice or
discovery of such interconnections, the CITY shall immediately effectuate the lawful
disconnection of such interconnections in accordance with local, state and federal laws. ln
addition, in the event the CITY becomes aware of a stormwater interconnection in the Towns of
Bal Harbour, Bay Harbor lslands or Sudside or the City of North Bay Village, the CITY shall
immediately notify the COUNTY'S Department of Environmental Resource Management when
said interconnections are discovered.
9. The CITY recognizes that the COUNTY'S standards of sewage disposal services are subject to
future modifications as a result of future COUNTY, state and federal laws and regulations.
Accordingly, the CITY agrees that it will abide by, and be bound by all present and future
standards, laws, rules and regulations which are enacted or approved by the COUNTY or as
may be necessary to ensure continued compliance with local, state and federal laws and
regulations and permit conditions, including, without limitation, the provisions of Chapter 24 of
the Code of Miami-Dade County, as amended, and other requirements related to sewage
disposal service.
10. The wastewater from all retail customers of the CITY discharged into the CITY'S sewer system
shall conform to the requirements of all applicable local, state and federal regulatory agencies
pertaining to wastewater discharges. lf the COUNTY determines that pretreatment facilities are
necessary for a retail customer of the CITY to meet such requirements, prior to construction, the
CITY shall cause the retail customer to submit plans and specifications for the proposed design
of the facilities to the COUNTY, which shall be subject to COUNTY'S approval. The CITY shall
not issue a Certificate of Use or Certificate of Occupancy until the COUNTY has approved the
pretreatment facility.
11. ln accordance with the provisions of County Ordinance No. 89-95, as amended, the CITY shall
not render water, sewer service or both to any new retail user until either the COUNTY'S
connection charges are paid to the COUNTY by the ClffS volume customer or the CITY
collects the COUNTY'S connection charges from the retail user and pays the COUNTY and a
written receipt from the COUNTY is provided to the CITY. Said connection charges shall be
due prior to the issuance of a building permit. ln the event that the CITY provides water or
sewer service, or both, to any new retail user without first ensuring that connection charges are
paid, the CITY shall be liable for damages to the COUNTY in the amount of the connection
charges owed by the retail user. The COUNry reserves the right to audit existing records for a
period not to exceed applicable statutory limits for payments of said connection charges.
12.The CITY shall pay the COUNTY as compensation for the transmission; treatment, including
reclamation; and any method of disposal of all sewage received from the CITY, the CITY shall
pay to the COUNTY a monthly charge for such service based on a uniform rate for all of the
COUNTY'S volume customers. That rate shall be calculated for each fiscal year based on
projections from the Department's prior fiscal year and shall be the sum of subsections a. - h.
below. An annual wholesale wastewater true-up adjustment amount, debit or credit, will be
imposed in the following fiscal year after completion of the Department's audited financial report.
The true-up adjustment will be determined based on the variances in the Department's
Miami Beach
Sewage Disposal Service Contrad
2/14114
436
projected wholesale wastewater expenses (rates) and the actual audited wholesale wastewater
expenditures (rates) based on the sum of the following:
a. That portion of projected/budgeted annual operating and maintenance expenses,
including taxes assessed, if any, incurred by the COUNTY in connection with its
regional force main and regional gravity interceptor sewage system divided by the
projected total amount of flow used to bill all the COUNTY'S sewage disposal
customers over the same time period.
b. That portion of projected/budgeted annual operating and maintenance expenses,
including taxes assessed, if any, incurred by the COUNTY in connection with its
regional sewage pumping stations, divided by the projected total amount of flow used
to bill all the COUNW'S sewage disposal customers over the same time period.
c. That portion of projected/budgeted annual operating and maintenance expenses,
including taxes assessed, if any, incurred by the COUNTY in connection with its
regional sewage treatment plants, reclamation facilities and disposal, including
sewage effluent outfalls, deep disposal wells and/or any other effluent disposal
process, divided by the projected total amount of flow used to bill all the COUNTY'S
sewage disposal customers over the same time period.
d. That portion of the projected/budgeted renewal and replacement expenses for all the
COUNTY'S regional capital wastewater facilities, according to the COUNTY'S policy
in effect at the time for determining a rate consistent with good municipal utility
accounting practices and the budgeted renewal and replacement projects for the
ensuing fiscal year divided by the projected total amount of flow used to bill all the
COUNTY'S sewage disposal customers over the same time period.
e. That portion of the COUNTY'S projected/budgeted annual interest obligations of
outstanding loans, lines of credit, notes and bonds for its regional sewage system,
divided by the projected total amount of flow used to bill all the COUNTY'S sewage
disposal customers over the same time period.
f. That portion of the projected/budgeted annual charge for the amortization of the
COUNTY'S outstanding loans, lines of credit and notes and bonds for its regional
sewage system, to be consistent with the requirements under law, divided by the
total projected amount of flow used to bill all the COUNTY'S sewage disposal
customers over the same time period
g. That portion of the projected/budgeted annual administration and general expenses
incurred by the COUNTY in connection with its regional sewage system that is not
covered by the minimum charge divided by the total projected amount of flow used to
bill all the COUNW'S sewage disposal customers over the same time period.
h. That portion of the charge for the COUNTY'S debt service coverage requirement for
loans, lines of credit and bond issues for the COUNTY'S regional sewage system
divided by the total projected amount of flow used to bill all the COUNTY'S sewage
disposal customers over the same time period.
Miami Beach
Sewage Disposal Service Contract
2lt4lt4
437
13. The CITY recognizes that the COUNTY intends to implement a peak flow rate structure. lf
imposed, such rate shall also be equally imposed, on all wastewater customers, both retail and
wholesale. Such rate shall be imposed on the CITY only after completion of an analysis and
review process that is completed in partnership with the CITY. Any peak flow rate charge
imposed shall be identified speciflcally on all sanitary sewage invoices.
14. No costs associated with storm sewer systems or local collection systems shall be included in
the computation of said charge. However, the COUNTY reserves the right to revise or modify
the service rate and method of calculation included in Section 12 from time to time as may be
approved by the Board of County Commissioners in accordance with applicable law, and the
CITY agrees to be bound thereby. The COUNTY will attempt to provide the CITY with the
preliminary rate a minimum of six (6) weeks in advance of said rate's effective date. The CITY
recognizes and agrees that the COUNTY intends to implement in the future such charges or
rate structures, including, without limitation, peak flow surcharges, as it deems necessary to
fairly recover its costs for any needed infrastructure improvements, and the CITY agrees to be
bound to the rates related to peak flow surcharges when approved by the Board of County
Commissioners. The CITY further recognizes and agrees that the COUNTY'S right to revise or
modify the rate of calculation under this section is not limited solely to revisions or modifications
allowing the COUNTY to recover costs for infrastructure improvements.
15. Billings for services provided in accordance with this Contract shall be rendered monthly.
lnvoices will be mailed by the tenth (1Oth; day of the month following the month for which service
has been provided, based on meter readings taken by Department employees on or about the
twenty-eighth (28th) day of each month. Amounts billed on such invoices are due when
rendered. ln the event the CITY disputes a bill, the CITY shall provide the COUNW with notice
of the reasons for non-payment within thirty (30) days of receipt of the bill and shall escrow such
portion of the bill that is disputed in an interest-bearing account. The parties shall promptly
meet and use good faith efforts to resolve the dispute within forty-five (45) days of the notice.
Except for any portion of the bill disputed by the CITY, payments not received by the
Department on or before twenty-five (25) days after the postmark date of the bill shall be
considered past due. All past due invoices may be subject to a late charge to be determined by
the COUNTY, such charge to defray Department costs in processing and otherwise
administering late payments, plus the accrual of interest on the past due balance at the
maximum legal rate provided by Florida law for contracts in which no interest rate is specified,
for each day, including Saturdays, Sundays and holidays, from the past due date until the date
of receipt of payment by the Department. For purposes of this Section, date of receipt of
payment shall be the date of physical receipt of the payment by the Department if hand-
delivered or mailed, or date of transfer to the Department's bank, if electronic funds transfer is
used.
16. lt is hereby agreed that a legally accurate meter shall register not greater than one hundredtwo
percent (102yo) of actual consumption and not less than ninety-eight percent (98%) of actual
consumption. lf a meter is determined by certified test not to be legally accurate, the meter shall
be recalibrated at the COUNTY'S expense. Bills for the period following the prior meter
accuracy check shall be adjusted to reflect the percentage of inaccuracy. ln calculating such
billing adjustment it will be assumed that the meter inaccuracy existed for the entire time interval
between meter accuracy checks. The billing adjustment shall be made at the same rate
established herein, but the volume used in the billing calculations shall be adjusted as described
above. Either the COUNTY or the CITY may check the accuracy of the meters at a time
mutually agreeable to the CITY and the COUNTY but not more often than once every three
Miami Beach
Sewage Disposal Service Contrad
2lt4lt4
438
months unless there is a disagreement between parties hereto regarding such accuracy. lf the
CITY requests such a check and the meter is found to be legally accurate, the cost of the meter
check shall be borne by the CITY. Otherwise, the cost of the meter check shall be borne by the
COUNTY.
17.The COUNTY hereby grants the CITY the right to audit all Department records related to the
computation of the wholesale sanitary sewage rates for each fiscal year. Upon written notice,
the COUNTY shall make available to the CITY said records at the offices of the Department on
an annual basis. ln the event that such audit indicates any discrepancy between the rates used
by the COUNTY in computing the monthly service charges to the CITY and those rates
determined as a result of the audit, the COUNW shall make the necessary adjustments, as
mutually agreed upon, in subsequent invoices to the CITY to correct any identified
discrepancies. The audit must be completed on or before the end of each fiscal year for which
the rates apply. Adjustments shall not be made for prior fiscal years.
18. ln the event of complete or partial failure of the meter to register the CITY'S sewage disposal
flow, the COUNTY may determine the estimated sewage disposal flow based on the most
recent twelve (12) full months of sewage disposal measured by the meter when it was operating
properly or another method determined by the Department.
19. ln consideration of good and valuable consideration received from the COUNTY, and in
consideration of the covenants in this Contract, the CITY, to the extent permitted by Florida law,
agrees to indemnify and save harmless forever, the COUNTY, its officers, agents and
employees from all claims, liabilities, actions, losses, costs and expenses, including attorney's
fees, which may be sustained by the COUNTY, its otficers, agents, and employees due to,
caused by, or arising from the negligence of the CITY, its officers, employees and agents in
connection with the performance of this Contract. The CITY agrees to defend against any
claims brought or actions filed against the COUNTY, its officers, agents and employees in
connection with the subject of the indemnities contained herein.
20. ln consideration of good and valuable consideration received from the CITY, and in
consideration of the covenants in this Contract, the COUNTY, to the extent permitted by Florida
law, agrees to indemnify and save harmless forever, the Clry, its officers, agents and
employees from all claims, liabilities, actions, losses, costs and expenses, including attorney's
fees, which may be sustained by the CITY, its officers, agents, and employees due to, caused
by, or arising from the negligence of the COUNTY, its officers, employees and agents in
connection with the performance of this Contract. The COUNTY agrees to defend against any
claims brought or actions filed against the CITY, its officers, agents and employees in
connection with the subject of the indemnities contained herein.
21. Notwithstanding Sections 19 and 20 above, nothing shall create any liability of the COUNTY or
the CITY beyond the scope of Section 768.28 Florida Statutes, and monetary limits thereof, as
currently in effect or as lawfully amended in the future.
22. Any cessation of sewage disposal or other service interruptions and any consequences caused
by force majeure, inevitable accident or occurrence or cause beyond the reasonable control of
the COUNTY shall not constitute a breach of this Contract, and neither party shall be liable to
the other or their inhabitants or customers for any damage resulting from such cessation or
interruption of sewage disposal service. Force majeure shall mean an act of God, which
includes but is not limited to: sudden, unexpected or extraordinary forces of nature, such as
Miami Beach
Sewage Disposal Service Contract
2/14/t4
439
floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or
other forces of nature. lnevitable accidents or occurrences shall mean those which are
unpreventable by the COUNTY and shall include but not be limited to: strikes; lockouts; other
industrial disturbances; wars; blockades; acts of terrorism; insurrections; riots; federal, state,
county and local governmental restrictions, regulations and restraints; military action; civil
disturbances; explosions; and conditions in federal, state, county and local permits.
23. The CITY agrees that if any waters or waste are discharged by the CITY, either directly or by
one of the CITY'S retail customers, into the COUNTY'S wastewater system which are prohibited
by this Contract or which contain substances or possess characteristics contrary to the
requirements of the COUNTY'S rules and regulations or is in violation of any local, state or
federal law or regulation, or which otherwise create ahazard to health or property, or constitute
a public nuisance, the COUNTY may upon reasonable notice to the CITY:
Terminate this Contract;
Require pretreatment to any acceptable condition as determined by the local, state or
federal agency prior to discharge into the COUNTY'S wastewater system;
Require control over the quantities and rates of discharge; and/or
Require payment to cover the cost of handling and treating such waste, including any
applicable flnes or penalties as provided under the COUNTY'S rules and regulations or
state or federal law as the same may be amended from time to time.
24.The CITY shall comply with the terms of Section 32-83 of the Miami-Dade County Code
regarding peak flow in as expeditious a manner as possible. The CITY shall take all steps
necessary to ensure that peak flows conveyed to the COUNTY do not exceed the peak flow
limit established for the CITY'S sewer system. ln addition to any remedy provided by law or
provided elsewhere in this Contract, in the event that the CITY does not comply with the terms
of Section 32-83 of the Miami-Dade County Code, or does not ensure that peak flows are within
the peak flow limit, the CITY shall be in default of this Contract, and the COUNTY may upon
reasonable notice terminate this Contract.
25. The CITY agrees to cooperate with the COUNTY in the permitting process and/or any other
assistance needed for the COUNTY to obtain approval to perform work on the COUNTY'S
water and sanitary sewage infrastructure within the CITY'S jurisdiction ("the Work"). The CITY
shall not take any action to hinder, interfere or delay the Work. The CITY shall provide any
necessary easements, permits or other legal documents required by the COUNTY for
performance of the Work without additional expense to the COUNTY. The CITY shall not
charge any monies or impose any special conditions on the COUNTY to perform the Work.
26. This Contract shall be governed by and construed in accordance with the laws of the State of
Florida, and venue for any court proceeding shall be in Miami-Dade County, Florida.
27. All notices required pursuant to this Contract shall be properly given if mailed by United States
registered or certified mail addressed to the party to which notice is given at the following
respective addresses:
Miami-Dade County
c/o The Director
Miami-Dade Water and Sewer Department
3071 S.W. 38th Avenue
Miami Beach
Sewage Disposal Service Contrad
2n4tr4
a.
b.
c.
d.
440
Miami, Florida 33146
Mayor's Office
City Of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
28. This Contract shall be and remain in full force and effect for a period of twenty (20) years from
the effective date of this Contract; provided, however, that this Contract may be terminated at
any time by mutual consent and agreement of the parties hereto. The CITY agrees that it will
notify the COUNry in writing no later than six (6) months prior to the expiration of this Contract
if it intends to request negotiations of an additional Contract term. If the CITY has no valid
written lnterlocal Contract with the COUNTY for sewage disposal service, the COUNTY
shall bill the CITY for sewage disposal service at the retail rate.
29. No rights pursuant to this Contract shall be assignable by the CITY unless the COUNTY agrees
in writing.
30. No amendment, alteration, change, or modification of the terms of this Contract shall be valid
unless made in writing, signed by authorized officers of all parties, and approved by the
COUNTY.
31. This Contract contains the entire Contract between the COUNTY and the CITY with respect to
the subject matter and replaces and supersedes all prior contracts or understandings, oral or
written, with respect to such subject matter, and such contracts or understandings are now void
and no longer in effect.
32.|t any Section of this Contract is found to be null and void, the other Sections shall remain in full
force and effect.
lN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, all as of the day and year written above.
ATTEST:MIAMI-DADE COUNTY
Deputy Clerk County Mayor
ATTEST:
CITY OF MIAMI BEACH
8
Miami Beach
Sewage Disposal Service Contrac
2/l4lt4
By:By:
441
By:By:
City Clerk
Approved as to legalform
and Sufficiency
Mayor
Approved as to legalform
and Sufficiency
Assistant County Attomey
Miami Bcadr
Sewage Disposal Service ContraC
AHfi4
9
Attomey for the City of Miami Beach
442
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443
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO APPROVE THE PHASE I!! WORK ORDER FOR THE NORMANDY
SHORES FOUNTAIN PROJECT UTILIZING THE COMPETITIVELY BID NATIONAL JO]NT POWERS ALLIANCE
COOPERATIVE CONTRACT FOR CONSTRUCTION SERVICES WITH THE GORDIAN GROUP.
Maximize Miami Beach as a World Class Destination. Streamline the Delivery of Services through all
Su Data (Surveys, Environmental Scan, etc: N/A
Since the fall of 2012, the City has been without a methodology for expediting construction and infrastructure projects.
This is especially problematic for smaller projects and projects related to unplanned emergency work for which
releasing independent solicitations is not operationally feasible and causes unnecessary delays. To address this
problem, as authorized by Florida Statutes, the Finance and City-Wide Projects Committee (the "Committee") endorsed
a recommendation by the Administration to utilize the indefinite quantity contract (lQC) for construction services to
expedite the delivery of construction projects under $250,000 or for emergency projects as approved by the City
Manager. The Committee's endorsement of the IQC process for small and emergency projects was approved by the
City Commission on April 23,2014. The IQC process is similarto the JOC process previously used by the City butwith
tighter controls, including a limit on design, additional competition on certain items and a small project threshold that
limits exposure.
The IQC process is used extensively by the local, state and federal governmental agencies throughout the United
States to expedite the delivery of construction projects. The City, as a govemmental agency member, is authorized to
utilize the IQC contract for construction services competitively awarded by the National Joint Powers Alliance (NJPA) to
the Gordian Group.
ln an effort to expedite the restoration of the Miami Beach Normandy lsle Fountain, located at7802 Rue Vendome,
which is a part of a North Beach revitalization initiative, the NJPA IQC contract was utilized to procure the necessary
construction services because this project was originally estimated below the $250,000 threshold. To further expedite
the project, it was divided into phases as follows:. Phase I - Demolition Phaseo Phase ll - Materials Ordering Phaser Phase lll - Final Construction Phase
However, during the process of demolishing parts of the existing structure (Work Order Phase I - Demolition Phase) to
make way for the renovations, it was revealed that much of the original infrastructure, specifically the plumbing and
electrical systems, were deteriorated beyond repair, and new electrical, plumbing, structural and tile work needed to be
replaced. The tile work alone, which has been ordered pursuant to Work Order ll (Materials Phase), is historic and had
to be custom made to match the existing.
Therefore, this project is now expected to exceed the $250,000 threshold limit approved by the City Commission for
projects through the NJPA IQC contract award. Accordingly, in order to move forward with the completion of this project
and in efforts to meet the proposed completion date of October 1,2014, approval is required to exceed the $250,000
project threshold limit by $50,000, which includes $40,000 of additional work and $10,000 for project contingency, for a
project total not to exceed $300,000. The cost of the project is within budget.
CONCLUSION
The Administration recommends approving the Resolution authorizing the City Manager to approve Work Order lll
(Final Construction Phase) for the final phase of the Normandy Shores Fountain renovation project.
ADMINISTRATION RECOMMENDATION
The Administration recommends aoorovino the Resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1 300,000.00 307-2850-000676 - 71"' Fountain Renovation
2
OBPI Total
Financial lmpact Summary:
Fountain NJPA - Summary.doc
AGENDA i.* C7 t'{s MIAMIBTACH EL,TE 7'a?/r444
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MA AND CIry GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE GIry MANAGER TO APPROVE
THE PHASE III WORK ORDER FOR THE NORMANDY SHORES FOUNTAIN
PROJECT UTILIZING THE COMPETITIVELY BID NATIONAL JOINT POWERS
ALLTANCE (NJPA) COOPERATTVE CONTRACT FOR CONSTRUCTION SERVICES
WITH THE GORDIAN GROUP.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
KEY INTENDED OUTCOME
Maximize the Miami Beach brand as a world class destination. Streamline the delivery of
services through all departments.
FUNDING
307-2850-000676 - 7 1"1 Fountain Renovation - $300,000
BACKGROUND
Prior to October, 2012, the City acquired construction services for many small or emergency
construction projects through a Job Order Contracting process. Job Order Contracting (JOC) is
a contracting methodology that enables facility owners to accomplish a large number of repairs,
maintenance and construction projects with a single, competitively bid contract. ln doing so,
JOC eliminates the time and expense of completing the normal design-bid-construct cycle for
each project. Prior to the award of JOC contracts, the City selects one of several available
comprehensive catalogs of construction tasks established by one of several national
organizations, such as RS Means or the Gordian Group. The catalogs contain almost every
imaginable construction task possible and a unit of measure and cost for each construction task.
Contractors are required to competitively bid an adjustment factor (e.g. 1.15) to be applied to a
comprehensive catalog of almost every imaginable construction tasks established by one of
several national organizations, such as RS Means or the Gordian Group, with pre-set unit
prices. The prospect of continuing work keeps the contractor motivated to provide timely,
responsive, and high quality work.
Since the fall of 2012, the City has been without a methodology for expediting construction and
infrastructure projects. This is especially problematic for smaller projects and projects related to
unplanned emergency work for which releasing independent solicitations is not operationally
feasibte and causes unnecessary delays. To address this problem, as authorized by Florida
445
Commission Memorandum -Normandy lsle Fountain NJPA
Page 2 of 2
Statutes, the Finance and City-Wide Projects Committee (the "Committee") endorsed a
recommendation by the Administration to utilize the indefinite quantity contract (lQC) for
construction services to expedite the delivery of construction projects under $250,000 or for
emergency projects as approved by the City Manager. The Committee's endorsement of the
IQC process for small and emergency projects was approved by the City Commission on April
23,2014. The IQC process is similar to the JOC process previously used by the City but with
tighter controls, including a limit on design, additional competition on certain items and a small
project threshold that limits exposure.
The IQC process is used extensively by the local, state and federal governmental agencies
throughout the United States to expedite the delivery of construction projects. The City, as a
governmental agency member, is authorized to utilize the IQC contract for construction services
competitively awarded by the National Joint Powers Alliance (NJPA) to the Gordian Group.
ln an effort to expedite the restoration of the Miami Beach Normandy lsle Fountain, located at
7802 Rue Vendome, which is a part of a North Beach revitalization initiative, the NJPA IQC
contract was utilized to procure the necessary construction services because this project was
originally estimated below the $250,000 threshold. To further expedite the project, it was divided
into phases as follows:o Phase l* Demolition Phaseo Phase ll - Materials Ordering Phaseo Phase lll- Final Construction Phase
However, during the process of demolishing parts of the existing structure (Work Order Phase I
- Demolition Phase) to make way for the renovations, it was revealed that much of the original
infrastructure, specifically the plumbing and electrical systems, were deteriorated beyond repair,
and new electrical, plumbing, structural and tile work needed to be replaced. The tile work
alone, which has been ordered pursuant to Work Order ll (Materials Phase), is historic and had
to be custom made to match the existing.
Therefore, this project is now expected to exceed the $250,000 threshold limit approved by the
City Commission for projects through the NJPA IQC contract award. Accordingly, in order to
move forward with the completion of this project and in efforts to meet the proposed completion
date of October 1, 2014, approval is required to exceed the $250,000 project threshold limit by
$5O,OOO, which includes $40,000 for additional work and $10,000 for project contingency, for a
project total not to exceed $300,000.
CONCLUSION
The Administration recommends approving the Resolution authorizing the City Manager to
approve Work Order lll (Final Construction Phase) for the final phase of the Normandy Shores
Fountain renovation project.
L r- ur rvr v#c)J J F/A D/r K
T:\AGENDAT/dh4tuU\Public Woks\Normandy Fountain. Memo.docx
446
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
APPROVE THE PHASE III WORK ORDER, IN THE NOT TO EXCEED
AMOUNT OF $5O,OOO, FOR THE NORMANDY SHORES FOUNTAIN
PROJECT UTILIZING THE COMPETITIVELY BID NATIONAL JO!NT POWERS
ALLIANCE (NJPA) COOPERATTVE CONTRACT FOR CONSTRUCTION
SERVICES WITH THE GORDIAN GROUP.
WHEREAS, prior to October,2012, the City acquired construction servlces for many
small or emergency construction projects through a Job Order Contracting process; and
WHEREAS, Job Order Contracting (JOC) is a contracting methodology that enables
facility owners to accomplish a large number of repairs, maintenance and construction projects
with a single, competitively bid contract; and
WHEREAS, since the Fall of 2Q12, the City has been without a methodology for
expediting construction and infrastructure projects; and
WHEREAS, to address this problem, the Finance and Citywide Projects Committee (the
"Committee") endorsed a recommendation by the Administration to utilize the indefinite quantity
contract (lOC) for construction services to expedite the delivery of construction projects under
$250,000 or for emergency projects, as approved by the City Manager; and
WHEREAS, the Committee's endorsement of the IQC process for small and emergency
projects was approved by the City Commission on April 23,2014; and
WHEREAS, the IQC process is used extensively by the local, state and federal
governmental agencies throughout the United States to expedite the delivery of construction
projects; and
WHEREAS, on January 15, 2014, via Resolution # 2014-28462, the City Commission
authorized the Administration to utilize cooperative awards by National Joint Powers Alliance
(NJPA) pursuant to Section 2-369 of the Miami Beach City Code, which authorizes the City
Manager to make awards exceeding $25,000 when said award is resulting from cooperative
agreements; and
WHEREAS, the City, as a governmental agency member, is authorized to utilize the IQC
contract for construction services competitively awarded by NJPA to the Gordian Group; and
WHEREAS, in an effort to expedite the restoration of the Normandy lsle Fountain,
located at 7802 Rue Vendome, which is a part of a North Beach revitalization initiative, the
NJPA IQC contract was utilized to procure the necessary construction services because this
project was originally estimated below the $250,000 threshold; and
WHEREAS, to further expedite the project, it was divided into phases as follows:
Phase l- Demolition Phase
Phase ll- Materials Ordering Phase
Phase lll- Final Construction Phase; and
447
WHEREAS, during the process of demolishing parts of the existing structure (Work
Order Phase I - Demolition Phase) to make way for the renovations, it was revealed that much
of the original infrastructure, specifically the plumbing and electrical systems, were deteriorated
beyond repair, and new electrical, plumbing, structural and tile work needed to be replaced; and
WHEREAS, the tile work alone, which has been ordered pursuant to Work Order Il
(Materials Phase), is historic and had to be custom made to match the existing; and
WHEREAS, this project is now expected to exceed the $250,000 threshold limit
approved by the City Commission for projects through the NJPA IQC contract award; and
WHEREAS, accordingly, in order to move fonvard with the completion of this project and
in efforts to meet the proposed completion date of October 1, 2014, approval is required to
exceed the $250,000 prolect threshold limit by $50,000, which includes $40,000 of additional
work and $10,000 for project contingency, for a project total not to exceed $300,000.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
GOMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, that the Mayor and City
Commission hereby authorize the City Manager to approve the Phase lll work order, in the noth
to exceed amount of $50,000, for the Normandy Shores Fountain Project Utilizing the
competitively bid National Joint Powers Alliance (NJPA) cooperative contract for Construction
Services with The Gordian Group.
PASSED AND ADOPTED this
ATTEST:
day of 2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & IANGUAGE
& FOR E)(ECUTION
{
e',*.
'f
Z-\
448
THIS PAGE INTENTIONALLY LEFT BLANK
449
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving, By
5/7ths Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be ln The Best
lnterest Of The City, And Authorizing The City Manager To Negotiate And Execute A Maintenance Service
Agreement, A Three Year Term, With Pro Sound & Video, For The Maintenance Services, ln A Not To
Exceed Three Year (3) Term: Year One $33,650; Year Two $39,420; Year Three $42,740 And Known
State Of Repair Cost Of $18,640, To Maintain A Sound At Soundscaoe Park.
Ensure well maintained facilities
, Environmental Scan, etc: ln a recent study, 87% of residents and 83% of
of City facilities as excellent or
Item Summary/Recommendation :
The City entered into a Development and Lease Agreement with the New World Symphony (NWS),
providing for the design, development and construction of a 50,000 square foot educational performance
and internet broadcast facility and .exterior screen and park, now known as SoundScape Park, and a
public parking garage located on 17'n Street and Pennsylvania Avenue.
The City developed and produced the SoundScape Cinema Series, which launched in March 2011 and
allows the public to view FREE weekly movies. The Cinema Series is part of the City's Arts in the Park
program that was launched in 2006, in response to the results of community surveys and focus groups
indicating that residents would like to see more free cultural events. The SoundScape Cinema Series
uses the state-ofthe-art visual and audio technology in SoundScape Park to present the entertainment on
a 7,000-square-foot projection wall.
The inaugural season of the Cinema Series ran for fourteen (14) weeks, with movies shown
Wednesday nights, in an effort to bring consumers to the area during a slower night of the week.
SoundScape Cinema Series has been very well received by the Community, generating an average
weekly attendance of 900 people. Attendees continue to provide very positive feedback to City Staff
regarding the experience and many say it has enhanced their sense of community and quality of life.
Today.com, in cooperation with Travel + Leisure, ran a story in the travel section of the website on June
10,2011, highlighting America's Best Outdoor Movie Theaters, which included the City's SoundScape
Cinema Series.
The NWS WALLCASTTM concerts are equally as successful attracting in excess of 2,000 people for each
event. Each WALLCASTTM concert is free to the public. Both the City and NWS have invested in the
maintenance of the audio and video system in SoundScape Park. However, there has been no regular
service or maihtenance of the sound system since it was installed and first used in January 201 1.
ProSound was the company who designed and installed the original system and who has made
occasional repairs to the audio system. The City in cooperation with NWS contacted ProSound and
requested an annual service maintenance proposal. ProSound's proposal will bring the system back to its
original condition and keep it in good working condition ensuring the audio quality of WALLCASTTM
events. Fundino is to approval of the FY 2014115 Center RDA
on
The
Financial lnformation :
168-9964-000325 RDA
City Clerk's Office Legislative Tracking:
Sign-Offs: Department
- Director
Rss:stanffianager city i'mser
ETCTI Mrul IIJ JLM/I-
Works\Bid Waiver Soundscape Y.docx
AGENDA ,r.* c7 M
oieia-TTW& AAIAMIBEACH 450
g MIAMI BEACH
City of Miomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33 139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
the City Cq
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE C!TY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A MAINTENANCE SERVICE AGREEMENT, A THREE YEAR TERM, WITH
PRO SOUND & VIDEO, FOR THE MAINTENANCE SERVICES, IN A NOT TO EXCEED
THREE YEAR (3) TERM: YEAR ONE $33,650; YEAR TWO $39,420; YEAR THREE
$42,740 AND KNOWN STATE OF REPAIR COST OF $18,640, TO MAINTAIN A SOUND
SYSTEM AT SOUNDSCAPE PARK.
BACKGROUND
The City entered into a Development and Lease Agreement with the New World Symphony (NWS),
providing for the design, development and construction of a 50,000 square foot educational
performance and internet broadcast facility and exterior screen and park, now known as
SoundScape Park, and a public parking garage located on 17th Street and Pennsylvania Avenue.
The City developed and produced the SoundScape Cinema Series, which launched in March 201 1
and allows the public to view FREE weekly movies. The Cinema Series is part of the City's Arts in
the Park program that was launched in 2006, in response to the results of community surveys and
focus groups indicating that residents would like to see more free culturalevents. The SoundScape
Cinema Series uses the state-ofthe-art visual and audio technology in SoundScape Parkto present
the entertainment on a 7,000-square-foot projection wall.
The inaugural season of the Cinema Series ran for fourteen (14) weeks, with movies shown on
Wednesday nights, in an effort to bring consumers to the area during a slower night of the week.
The SoundScape Cinema Series has been very well received by the Community, generating an
average weekly attendance of 900 people. Attendees continue to provide very positive feedback to
City Staff regarding the experience and many say it has enhanced their sense of community and
quality of life. Today.com, in cooperation with Travel + Leisure, ran a story in the travel section of
the website on June 10,2O11 , highlighting America's Best Outdoor Movie Theaters, which included
the City's SoundScape Cinema Series.
The NWS WALLCASTTM concerts are equally as successful attracting in excess of 2,000 people for
each event. Each WALLCASTTM concert is free to the public. Both the City and NWS have invested
in the maintenance of the audio and video system in SoundScape Park. However, there has been
451
Commission Memorandum
ProSound Bid Waiver
July 23, 2014
Page 12
no regular service or maintenance of the sound system since it was installed and first used in
January 2011.
ProSound was the company who designed and installed the original system and who has made
occasional repairs to the audio system. The City in cooperation with NWS contacted ProSound and
requested an annual service maintenance proposal. ProSound's proposal (ATTACHED) will bring
the system back to its original condition and keep it in good working condition ensuring the audio
quality of WALLCASTTM events. Funding is subject to approval of the FY 2014115 proposed City
Center RDA budget.
CONGLUSION
The Administration recommends approving the Resolution.
T:\AGENDA\2014\July\Public Works\Bid Waiver Soundscape Park MSA - MEMO (2).doc
452
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE FORMAL
COMPETITIVE BIDDING REQUIREMENT, FINDING SUGH WAIVER TO BE IN
THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A MAINTENANCE SERVICE AGREEMENTWITH
PRO SOUND & V|DEO, FOR A THREE (3) YEAR TERM, IN AN AMOUNT NOT TO
EXCEED $134,450, TO MAINTAIN THE SOUND SYSTEM AT SOUNDSCAPE
PARK.
WHEREAS, the sound system at Soundscape Park is unique and highly specialized, in that
there are presently no other known installations in the United States; and
WHEREAS, the maintenance of this sound system requires specialized knowledge and
training in the design, setup, programming, and operation of the system; and
WHEREAS, Pro Sound & Video was the original Contractor, and has provided routine
warranty related services; and
WHEREAS, in order to ensure continuity of services and avoid disruption to Soundscape
Park operations, the Administration recommends that the Mayor and City Commission waive, by
Sffths vote, the formal competitive bidding requirement, finding such waiverto be in the best interest
of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby waive, by
5/7ths vote, the formal competitive bidding requirement, finding such waiverto be in the best interest
of the City, and approve and authorize the City Manager to execute a maintenance service
agreement with Pro Sound & video, for a three (3) year term, in an amount not to exceed of
$134,450, to maintain the sound system at Soundscape Park.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
2014.
PHILIP LEVINE, MAYOR
APPTTOVED AS TO
FORM & LANGUAGE
3 FOR B(ECUnON#+ 4#(4'
T:\AGENDA\20 1 4Uuly\Public Works\Bid Waiver Soundscape Park RESO (2).doc
453
F3reil
SNUND Ei VIDEtr
March 25,2014
City of Miami Beach
c/o New World Symphony
500 - 17th Street
Miami Beach, FL 33139
Attn: Jose Lamadrid & David Phillips
RE: Miami Beach Soundscape - Sound & Control Systems Maintenance
Gentlemen:
This letter is written to provide information for support and maintenance functions during a
multi-year period for the subject project. Pro Sound was the original programmer and
installer of the current Soundscape systems. The systems were installed and operational
in January of 2011 with a three year warranty on all loudspeakers and two years for other
electronics. All systems are currently out of warranty.
As the equipment ages and based on environmental and operational considerations, the
cost for maintaining the system installed at Soundscape will increase leveling off around
year 7. The costs for maintenance services for the next 3 years are included below.
This system is unique and highly specialized. There are presently no other known
installations in the United States. The lntegrator managing these systems is to have
specialized knowledge and training in the design, setup, programming, and operation of
these systems. Every consideration during installation of these systems were taken into
account considering that it is an outdoor environment to include weather rated options for
equipment and cable.
Maintenance Service:
Standard maintenance of these systems to be performed is noted below. While the
loudspeakers have a water resistant treatment applied, they are still subject to good
maintenance standards to prolong their life. The basic maintenance seryices involve
observation and in cases removal of the metal grills covering the loudspeakers. Standard
maintenance includes:
r Wipe down and rust prevention of the loudspeaker equipment due to the
environment they are operated in;
. Removal of any rust that may accumulate and sealing the outdoor exposed
equipment. Apply appropriate touch-up paint to hardware or seal enclosure;
. Replacement of loudspeaker grills as they deteriorate from environmental
t375 NE {23 Slreef
Miomi, FL 33161
TEL: {?,05189'1:10@
FAX:(305) 891.300o
454
City of Miami Beach
c/o New World Symphony
March 25,2014
Page 2
factors;. Replace connectors that may rust due to environment;. Check and confirm that rigging, bolts, and support hardware is in good condition
and replace as needed;. Electronics should be checked for operation. This includes reviewing speaker
amplifiers using the Meyer Sound RMS system;. Check subwoofers and front loudspeakers for operation and to check quality of
finishes. Wipe down and paint as needed. Replace any rusting parts;
. Software updates should be applied as they are released and checked;. UPS batteries are to be replaced annually;. Check air-conditioning filters and notify others to replace regularly;. Verify humidity in prolection tower is between 45 and 60%;. Replace battery in Crestron controller annually;. Remove and physically verify each loudspeaker on an annual basis prior to
seasonal use all loudspeakers. Repair or replace parts or amplifiers as
necessary. Any loudspeaker showing rust should be removed and restored to
factory finish as when first installed;. Maintain spare inventory of amplifiers to include 2 for the Melodies, 1 for the
700HP subwoofers, one for the UPJ's, and one for the UPQ-1P's.. Maintain one Meyer Sound DAIO-168 module as a spare for the Constellation
equipment. Maintain (1) DAO24 output module as a spare;o Maintain one spare AVB enabled network switch as a spare;. Verify that all microphones that are specific to this system contained in the
symphony hall are working. Replace as necessary;
Emerqencv and Repair Services:. Pro Sound technicians will be available on an emergency basis for support
services for this project. An emergency constitutes a complete system failure
and gets priority services. Priority service normally gets a response time
between 1 and 3 hours at site to diagnose and resolve problems;
. Normal repair services take place in 1 to 3 business days. This does not include
the time to perform equipment repairs should they be necessary;
o All repairs and service calls will receive priority service due to the live nature of
this venue;. This proposal includes repair of all equipment that fails from normal use. lt does
not cover repairs from lightning, acts of God (such as hurricanes, etc.), acts of
vandalism, abuse, misuse or electrical damage, which would be billed at a cost
plus basis to restore to normal operation.o Pro Sound will visit the site quarterly to perform basic services. Once a year Pro
Sound will do an extensive maintenance of the system installed to verify
operation and assure good operating functions.
Notes:
F:]refl
EtrUNO Ei VIDEtr
455
City of Miami Beach
c/o New World Symphony
March 25,2014
Page 3
. Maintenance will require the use of a motorized lift with a boom arm to access
the overheard loudspeakers. This lift must have large tires to prevent from
tearing up the park's landscaping. This lift has been included in our maintenance
proposal;
. Removal of the metal grills covering loudspeakers is quite tenuous and takes
time to remove and reinstall;. Replacement of low voltage cable below ground is not included in the
maintenance contract. This would be billed on a time and materials basis;. Power issues are not included under any maintenance work. Power issues to be
resolved by a licensed electrical contractor when they arise;. Architectural, structural and landscaping issues that arise outside of the specific
scope of this work but are related to this work are not included. Any problems
that occur in these areas will be resolved on a cost plus basis as it affects the
operation of the sound and control system;. Required parking to be provided by the City of Miami Beach;. The NWS operations team is obligated to perform general tasks such as setting
levels, verifying general operation, and providing information in the event of
service related issues;. ltems not included - Portable equipment (other than Meyer Cue Console).
Costs of the Proposed Services (as enumerated herein):
Maintenance Service - Year 1 $33,650.00
Maintenance Service -Year 2 $39.420.00
Maintenance Service - Year 3 $42,740.00
Years 4 thru 7 - Subject to review but should be similar to year 3 - +10o/o.
Other Costs:
Cost plus Service - 15o/o plus freight, tax & labor. Labor rates -o Standard Discounted Labor - $72.00 an hour.o Overtime and emergency billed at time and one half.o Weekend rates - double standard labor.
o Programmer rates - $110.00 an hour.o Travel is billed at standard rates listed.o All applicable taxes or permits are reimbursable.
ln order to place this Maintenance Proposal into effect, the Soundscape sound and control
equipment must be placed into a known state as it has had no maintenance since
installation other than simple warranty work. The following represents an estimate to go
through the system, check and do basic clean-up of all the loudspeakers, and check the
FTqfI
ENUNO Ei VIDES
456
City of Miami Beach
c/o New World Symphony
March 25,2014
Page 4
condition to place in a good maintainable condition:
Labor Costs - $t0,080.00
LiftRental - $ 3,760.00
Parts allowance - $_4€00]00
Total - $18,640.00
. Please note that sprinklers or power washing that spray the loudspeakers
cannot be covered under maintenance.
Lookinq Fon /ard:
Sound systems installed in outdoor environments usually have a life of 8-10 years when
directly exposed to weather and harsh outdoor environments. The goal of placing many of
these speakers in the ballet barres (aside from aesthetics) and partially (mostly) trying to
cover them helps prolong their useful lives. We estimate with continuing maintenance that
this system should last 12-15 years with some of the loudspeakers necessitating
replacement that are most exposed to the sun and weather. The City should catry a
separate budget for the following years as a reserve allowance to cover replacement
equipment that cannot be fixed from deterioration. The costs noted below assume that
continual maintenance is ongoing by a qualified lntegrator:
Year 7 - $32,000.00
Year 8 - $36,000.00
Year 9 - $40,500.00
Year 10 - $47,000.00
Original value of Meyer Sound equipment: $1,050,912.00
We trust that the above is in keeping with the services desired. Thls provides a known cost
to the City to budget going fonruard. lf there are any questions, please contact the
undersigned.
Very truly yours,
Rod Sintow, CEO
Pro Sound & Video
State Licensed Contractor ES0000149
/ms
F3refr
StrUND E VIOEtr
457
COMMISSION ITEM SUMMARY
AGEITIDA ITETT'
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving
And Authorizing The Mayor And City Clerk To Add Additional Funds To The Existing Joint
Participation Agreement (JPA) Between The City And Florida Department Of Transportation (FDOT),
For Additional $500,000 For Utility Work By FDOT Highway Contractor For The Construction Of
Water, Sewer And Stormwater Drainage lmprovements Within The Project Area, As Part Of The
State Road 907/Alton Road Proiect From Stn Street To Michiqan Avenue.
Well Maintained lnfrastructure
Item Summary/Recommendation :
The Florida Department of Transportation (FDOT) is executing construction improvements on Alton
Road/State Road (SR) 907 from 5'n Street to Michigan Avenue (Project). The project is under
construction and expected to be completed in July 2015. The Project includes roadway, sidewalk,
curb and gutter reconstruction, significant drainage improvements including construction of three (3)
stormwater pump stations at 5tn Street, 1Oth Street, and 14th Street, decorative lighting, landscaping,
irrigation, and bonded aggregate improvements.
ln order for FDOT to include the construction of the City owned drainage and water main
improvements as part of the Project, the City and FDOT executed a JPA stipulating funding sources
and responsibilities among the parties.
At its April 23,2014 meeting, the City Commission approved Resolution 2014-28557, to add additional
funds to the existing Joint Participation Agreement (JPA) between the City and FDOT, for an
additional $240,000 for utility work by the FDOT highway contractor, for the construction of water,
sewer and stormwater drainage improvements within the project area, as part of the State Road
907/Alton Road Project from 5th Street to Michigan Avenue.
The Alton Road construction has revealed that City utilities are in worse condition than originally
anticipated and additional work is required due to the fragile nature of the aged pipe, as well as
additional improvements that should be performed while the road is under construction. The value for
additional work, including the replacement of storm drain pipes, additional water meters and water
lines is estimated at an additional $500,000.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Board Recommendation:
Financia! !nformation :
Source of
Funds:
Amount Account
1
OBPI
2
Total
Funding will be available upon approval of the Sixth Amendment to the Capital Budget for Fiscal Year
2013-14, reappropriating $500,000 to the Alton Road sth Street to Michigan Avenue Capital Project
from the Collins Avenue Utilitv from 5'h to 1srh Street.
Works\FDOT additional funds for
(s MIAMIBEACH DATE
C?N
458
4 MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive. Miomi Beoch. Florido 33139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City pommission
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAM! BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO ADD ADDITIONAL FUNDS TO THE EXISTING JOINT
PARTICIPATION AGREEMENT (JPA) BETWEEN THE CITY AND FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT), FOR ADDITIONAL $500,000 FoR
UTILITY WORK BY FDOT HIGHWAY CONTRACTOR FOR THE CONSTRUCTION
OF WATER, SEWER AND STORMWATER DRAINAGE IMPROVEMENTS WITHIN
THE PROJECT AREA, AS PART OF THE STATE ROAD 907/ALTON ROAD
PROJECT FROM sTH STREET TO MICHTGAN AVENUE.
ADMI NISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
FUNDING
Funding will be available upon approval of the Sixth Amendment to the Capital Budget for Fiscal
Year 2-013-14: re appropriating $500,000 to the Alton Road Sth Street to Michigan Avenue
capital project from the Collins Avenue Utility from Sth to 1Srh Street Capital Project.
BACKGROUND
The Florida Department of Transportation (FDOT) is executing construction improvements on
Alton Road/State Road (SR) 907 from sth Street to Michigan Avenue (Project). The project is
underconstruction and expected to be completed in July 2015. The Project includes roadway,
sidewalk, curb and gutter reconstruction and significant drainage improvements, including
construction of threel3; stormwater pump stations at Sth Street, lOth Street, and 14th Street,
decorative lighting, landscaping, irrigation, and bonded aggregate improvements.
ln order for FDOT to include the construction of the City owned drainage and water main
improvements as part of the Project, the City and FDOT executed a JPA stipulating funding
sources and responsibilities among the parties.
459
Commission Memorandum - FDOT Agreements for Alton Road from srh Street to Michigan Avenue
April23,2014
Page2 of 2
At its April 23, 2014 meeting, the City Commission approved Resolution 2014-28557, to add
additionalfunds to the existing Joint Participation Agreement (JPA) between the City and FDOT,
for an additional $240,000 for utility work by the FDOT highway contractor, for the construction
of water, sewer and stormwater drainage improvements within the project area, as part of the
State Road 907/Alton Road Project from Sth Street to Michigan Avenue. The breakdown of
these expenditures is attached.
The Alton Road construction has revealed that City utilities are in worse condition than originally
anticipated and additional work is required due to the fragile nature of the aged pipe as well as
additional improvements that should be performed while the road is under construction. The
value for additional work, including the replacement of storm drain pipes, additional water
meters and water lines is estimated at an additional $500,000.
ANALYS!S
Utilitv Work bv Hiohwav Contractor Aoreement
As part of the FDOT project, relocation of the City-owned water main system along Alton Road
was required. Considering the age and condition of the City utility infrastructure in this area, staff
determined that it would be advantageous to the City to upgrade the existing water main system
as part of the FDOT project. ln addition, the Project will also include upgrading the water main
laterals that service the side streets along the Project corridor.
During construction it was determined the connecting water, sewer and stormwater
infrastructure required upgrading or failure could occur in the next few years. These funds will
be utilized to make these improvements.
Utility Work bv Hiqhwav Contractor Memorandum of Aqreement
This Agreement will add to the existing escrow account established by FDOT with a deposit in
the amount of $500,000 funded by the City for the purpose of the construction of new water
main system on Alton Road Avenue from 5th Street to Michigan Avenue as part of the Project.
CONCLUSION
The Administration recommends that the proposed stormwater drainage and water main
improvements be constructed with the Alton Road improvements in order to reduce the risk of
failure of the water, sewer and stormwater system, as well as the potential need to perform
repairs in the new roadway shortly after completion. The Administration recommends approving
the Resolution authorizing these funds.
Attachment: FDOT JPA Expenditure Breakdown
rwrffruJF/BAM/DCS
T:\AGENDA\2014Uuly\Public Works\FDOT additional funding Alton Road from Sth Street to Michigan Avenue - Memo.docx
460
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462
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN
ADDITIONAL INCREASE IN THE ESCROW ACCOUNT, IN THE AMOUNT
OF $5OO,OOO, ESTABLISHED PURSUANT TO THE JOINT PARTICIPATION
AGREEMENT BETWEEN THE CIry AND THE FLORIDA DEPARTMENT OF
TRANSPORTATTON (FDOT), DATED OCTOBER 2, 2012, FOR UTlLlrY
WORK BY THE FDOT HIGHWAY CONTRACTOR, FOR THE
GONSTRUCTION OF WATER, SEWER AND STORMWATER DRAINAGE
IMPROVEMENTS WITHIN THE PROJECT AREA, AS PART OF THE STATE
ROAD 907/ALTON ROAD PROJECT, FROM 5TH STREET TO MICHIGAN
AVENUE.
WHEREAS, the Florida Department of Transportation (FDOT) and the City have
executed a Joint Participation Agreement for utility work by an FDOT highway contractor, dated
as of October 2,2012 (JPA), for utility improvements on Alton Road/State Road (S.R.) 907, from
5th Street to Michigan Avenue (Project), whereby the City has agreed to use the services of an
FDOT highway contractor for the Project; and
WHEREAS, the Project will improve the quality-of-life along the Alton Road corridor by
including construction of water main and stormwater drainage improvements along Alton Road
and intersecting side streets, which will help alleviate flooding along Alton Road and enhance
the City's utility infrastructure system; and
WHEREAS, simultaneously with the execution of the JPA, FDOT, the City, and the
Department of Financial Services, Division of Treasury executed a Memorandum of Agreement,
which establishes an escrow account for the deposit of the payments due from the City to FDOT
under the JPA, and in which escrow account the City deposited an initial sum of $2,680,670.52;
and
WHEREAS, on April 23, 2014, the Mayor and City Commission adopted Resolution
2014-28557, approving an additional deposit of $240,000 into the escrow account, for the
construction of water, sewer and stormwater drainage improvements within the Project area;
and
WHEREAS, the Alton Road construction has revealed that the City utilities are in worse
condition than originally anticipated, and additional utility work is required due to the fragile
nature of the aged pipes, as well as additional improvements which should be performed while
the road is under construction; and
WHEREAS, the additional utility work, including the replacement of storm drain pipes,
additional water meters and water lines, is estimated to cost $500,000.
463
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission hereby approve and
authorize an additional increase in the escrow account, in the amount of $500,000, pursuant to
the Joint Participation Agreement between the City and the Florida Depaftment of
Transportation, dated October 2,2012, for utility work by the FDOT Highway Contractor for the
construction of water, sewer and stormwater drainage improvements, within the project area, as
part of The State Road 907/Alton Road Project, from Sth Street To Michigan Avenue.
PASSED AND ADOPTED THIS 23RD DAY OF JULY, 2014.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
T:\AGENDAUol4Uuly\Public Works\FDOT JPA ALTON ROAD FROM 5TH STREET TO MICHIGAN AVENUE AOOITIONAL FUNDING RESO (2).docx
APPI?OVED AS TO
FORM & LANGUAGE
464
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465
COMMISSION ITEM SUMMARY
f Miami Beach, Florida, Accepting the
Recommendation of The City Managbrto RejectAll Bids Received, Pursuantto lnvitation To Bid No.2014-
Build and Maintain lnfrastructure With Full Accou
Data (Surveys, Environmenta! Scan, etc: N/A
Item Summarv/Recommendation :
sts of the installation of four (4) automated
swing gates On two (2) automated slid'e gates with gate operators at the intersection of North shore Drive
anO Fairway Drive. The proposed scope includes installation of lift arm gates, tag cameras, security cameras
and an eight-cnannel DVR. lt also includes curb reconstruction, roadway expansion, loop cutting, pavement
marking and fence installation.
lnvitation to Bid (lTB) No. 2014-171-SR was issued on February 28,2014, with an opening date of April 1'
2014. Apre-bid conference to provide information to the bidders submitting a response was held on March
17,2014.
ITB 2014-171-SR requested pricing for two (2) options for automated gates. Option 1 : Four (4) automated
swing gates / Optiori 2: Two (2) iutomated slide gates. The City reserved the right and had the sole
OiscrEti-on to award either Option 1 or Option 2 to the lowest, responsive, and responsible bidder for either
option. The City received bids from the following firms:
. Urban Development Corpo Lego Construction Co.
Upon receipt and review of the bids received, the total bid amount of the lowest responsive and responsible
bidder, Urban Development Corp., significantly exceeded the available budgetfor this project. As such, the
Administration recommends that all bids received pursuant to ITB 2014-171-SR be rejected. As a result, the
Administration will be redesigning the proposed gate installation to eliminate the need for new gates and
reuse the existing gate and af,purtenances to bring the project within the available funds. lt is anticipated that
this project will be completed by September 30,2014.
RECOMMENDATION
@ministration,srecommendation,theCityManagerrecommendsrejectingallbids
received pursuant to this lTB.
ADOPT THE RESOLUTION.
Financial lnformation:
Source of
Funds:
Amount Account
I N/A N/A
2
OBPI Total
Financial lmpact Summary:
AGENBA ITEM CzO
cffin 7d3'//466
g MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch. Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members {the CityTO: Mayor Philip Levlne and Membe
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTTNG THE RECOMMENDATION OF THE CITY
MANAGER TO REJECT ALL BIDS RECEIVED, PURSUANT TO INVITATION TO
BID NO. 2014-171.SR, FOR NORMANDY SHORES NORTH GATE
REPLACEMENT (THE rTB).
ADMI NISTRATION RECOMMEN DATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Build and Maintain Priority lnfrastructure With FullAccountability
BACKGROUND
The intersection of North shore Drive and Fairway Drive is located in the Normandy Shores
Neighborhood. The East entrance to the neighborhood consists of a single slide gate of over
25 feet length. There have been complaints of long wait time for the gate to open and, vehicles
hitting and damaging the gate due to the angle of approach. The intent of the project is to
address these complaints and, provide a better engineering design for the intersection.
The Normandy Shores North Gate Replacement project consists of the installation of four (4)
automated swing gates OR two (2) automated slide gates with gate operators at the
intersection of North shore Drive and Fainivay Drive. The proposed scope includes installation
of lift arm gates, tag cameras, security cameras and an eight-channel DVR. lt also includes
curb reconstruction, roadway expansion, loop cutting, pavement marking and fence
installation.
ITB PROCESS
lnvitation to Bid (lTB) No. 2014-171-SR was issued on February 28, 2014, with an opening
date of April 1 , 2014. A pre-bid conference to provide information to the bidders submitting a
response was held on March 17,2014.
ITB 2014-171-SR requested pricing for two (2) options for automated gates. Option 1: Four (4)
automated swing gates / Option 2: Two (2) automated slide gates. The City reserved the right
and had the sole discretion to award either Option 1 or Option 2 to the lowest, responsive, and
responsible bidder for either option. The City received bids from the following firms:
e Urban Development Corp Option 1: $104,777.20; Option 2: $75,692. Lego Construction Co. Option 1: $171,600.85; Option 2: $150,012.85
Upon receipt and review of the bids received, the total bid amount of the lowest responsive
and responsible bidder for Option 2, Urban Development Corp., significantly exceeded the
C/mmission
467
Commission Memorandum - ITB-2014-171-SR Normandy Shores North Gate Replacement
July 23,2014
Page2
available budget of $55,000 for this project. As such, the Administration recommends that all
bids received pursuant to ITB 2014-171-SR be rejected. As a result, the Administration will be
redesigning the proposed gate installation to eliminate the need for new gates and reuse the
existing gate and appurtenances to bring the project within the available funds. lt is anticipated
that this pro.lect will be completed in September 30, 2014.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing the Administration's recommendation, the City Manager agrees with this
recommendation and recommends rejecting all bids received.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager to reject all bids received,
pursuant to lnvitation To Bid No. 2014-171-SR for Normandy Shores North Gate
Replacement"
JLM/MT/EC/AD/YG
468
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER TO REJECT ALL BIDS RECEIVED, PURSUANT TO
INVITATION TO BID NO. 2014.171-SR, FOR THE NORilANDY SHORES
NORTH GATE REPLACEMENT PROJECT.
WHEREAS, lnvitation To Bid No. 2014-171-SR (the ITB), for the Normandy Shores
North Gate Replacement Project, was issued on February 28,2014, with an opening date of
April 1 ,2014i and
WHEREAS, a pre-bid conference to provide information to the bidders submitting a
response was held on March 17,2014; and
WHEREAS, the City received bids from the following firms: (1) Urban Development
Corp. and (2) Lego Construction Co.; and
WHEREAS, the total bid amount of the lowest responsive and responsible bidder, Urban
Development Corp., significantly exceeded the budget for this project; and
WHEREAS, the Administration recommends the rejection of all bids received pursuant
to the ITB; and
WHEREAS, the Administration will be redesigning the proposed gate installation to
eliminate the need for new gates and reuse the existing gate and appurtenances to bring the
project costs within the budget; and
WHEREAS, it is anticipated that this project will be completed by September 30, 2014;
and
WHEREAS, after reviewing the Administration's recommendation, the City Manager
exercised his due diligence and recommends that the Mayor and the City Commission reject all
bids received pursuant to this lTB.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager to reject all bids received,
pursuant to lnvitation To Bid No. 2014-171-SR, for the Normandy Shores North Gate
Replacement Project.
PASSED AND ADOPTED this _ day of 2014.
ATTEST:
AS TORafael E. Granado, C
& HT.IGUAGE
469
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing
Amendment No. 1 To The Agreements Executed Between The City And Nova Engineering And
Environmentat LLC, and VFA, lnc., For Conducting And Documenting A Detailed Facilities
Condition Assessment Of Various Buildings/Assets Owned By The City Of Miami Beach And To
Develop A Schedule For Assets and Equipment Replacement Within The Building/AsseG To
lnclude Current And Projected Future Replacement Costs; and Authorizing The City Manager To
Execute Said Amendment.
Item Summary/Recommendation :
Ensu re Well-Maintained Facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
NA
On March 13,2013, the City Commission awarded agreements, pursuant to Request for Qualifications
(RFO) No. 56-11112, to Nova Engineering And Environmental LLC, and VFA, lnc. for conducting and
documenting a detailed Facilities Condition Assessment of various buildings/assets owned by the City Of
Miami Beach and to develop a schedule for assets and equipment replacement within the building/assets
to include current and projected future replacement costs. The condition assessments and schedules will
allow the City to plan for and budget maintenance, equipment replacements and renovations to maximize
the useful life of the City's facilities.
However, after the execution of agreements, it was noted that several locations had been inadvertently
omitted from the agreements. The locations to be added or deleted are listed in Attachment No. 1 for each
awarded vendor. ln addition to the sites to be added or deleted, it is recommended that the City
Commission authorize the City Manager to add or delete locations, as needed, in order to expedite the
completion of the necessary City facility assessments as outlined in the agreements.
RECOMMENDATION
the resolution.
Financial lnformation:
,, Source of ^4P Funds: @l)
OBPI \
Amount Account
1 $63.677.00 Other Contractual Services Accou nt 520-17 20-000349
/Total $63.677.00
Financial lmpact Summary:
Alex Denis, Director Ext # 6641
1 4\J u ly\Procu rement\Faci ! ity Cond ition Assessment Contract
ummary.doc
AGEHDA ruu C7P
v*,r* -?43-lV(B MIAAAIBEACH 470
Thw tu1IAAA*ffirAtru
City of Miomi Beoch, ,|700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMI MEMORANDUM
TO:Mayor Philip Levine and Members of frre City
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR A{D clTY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AMENDMENT NO.1 TO THE AGREEMENT BETWEEN THE CITY AND NOVA
ENGINEERING AND ENVIRONMENTAL LLC, AND VFA, INC., FOR
CONDUCTING AND DOGUMENTING A DETA!LED FACILIT!ES
CONDITION ASSESSMENT OF VARIOUS BUILDINGS/ASSETS
OWNED BY THE GITY OF MIAM! BEACH AND TO DEVELOP A
SCHEDULE FOR ASSETS AND EQUIPMENT REPLACEMENT WITHIN
THE BUILDING/ASSETS TO INCLUDE CURRENT AND PROJECTED
FUTURE REPLACEMENT COSTS; SAID AMENDMENT ADDING THE
FOLLOWING LOCATIONS TO THE AGREEMENT WITH NOVA
ENGINEERING AND ENVIRONMENTAL LLC; PENNSYLVANIA
PARKING GARAGE, AND JACKIE GLEASON THEATRE OF
PERFORMING ARTS AND DELETING THE LIFEGUARDS STANDS;
AND ADDING LOCATIONS TO THE AGREEMENT WITH VFA, !NC., AS
FOLLOWS: 1755 BUILDING, CITY HALL PARKING GARAGE,
FLAMINGO POOL FACILIry BUILDING, FLAMINGO PARK FIELD
HOUSE, FLAMINGO PARK BASEBALL STADIUM; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AMENDMENT AND THE AUTHORITY TO ADD AND DELETE
LOCATIONS, AS NEEDED.
ADMINISTRATION REGOMMEN DATION
The Administration recommends adopting the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure Well-Maintained Facilities.
FUNDING
Other Contractual Services Account 520-1720-000349 - $63,677.00
BACKGROUND
On March 13, 2013, the City Commission awarded agreements for Conducting and
Documenting a Detailed Facilities Condition Assessment of Various Buildings/Assets Owned
by the City Of Miami Beach and to Develop a Schedule for Assets and Equipment
Replacement within the Building/Assets to include Current and Projected Future
Replacement Costs, pursuant to Request for Qualifications (RFO) No. 56-11112, lo the
following contractors: Nova Engineering and Environmental, LLC, and VFA, lnc. These
agreements are effective until August 13, 2014, and may be extended at the City Manager's
discretion.
471
Commission Memorandum - Facility Condition Assessment Contract Amendment
July 23, 2014
Page 2
After the execution of agreements, it was noted that several locations had been omitted from
the RFQ, and needed to be added. ln addition, several locations need to be deleted via an
Amendment pursuant to Section 12.1, Changes and Additions, of the Professional Services
Agreement. The locations are listed in the attached document.
ln addition, it would be in the best interest of the City to authorize the City Manager the
authority to add or delete locations as needed in order to expedite the necessary completion
of the City building assessments.
ANALYSIS
It is extremely important that Facility Condition Assessments (FCA's) be performed on a
regular schedule for City of Miami Beach buildings and assets. These FCAs assist in
determining the asset value, replacement cost, and a full condition report of all systems that
support the asset within the asset's envelope. The FCA projects timelines for equipment
replacement based on condition and lifecycle and projects needed upgrades within the
asset's interior and exterior envelope.
All of this information combined generates the asset's Facility Condition lndex (FCl). The
FCI is used to measure a facility's overall condition (excellent, good, poor, or should be
demolished) and provides a monetary investment value needed to bring the asset's FCI to a
more desirable rating. The FCI is also a tool used in the City's Active Strategy Program to
track the overall average condition of the major facilities within the City.
Additionally, the information gathered from the FCA is critical to an effective facility
management program, and this information can only be attained by conducting thorough
facility inspections. The City does not have the capacity to conduct the required
comprehensive inspections itself; thus relies on outside sources who possess the
knowledge and experience to conduct a timely detailed FCA, and who are knowledgeable
and experienced in working with the VFA Capital Planning Management Solutions software
used by the City to manage this data.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission adopt the resolution authorizing Amendment No. 1 to the agreement between
the Nova Engineering And Environmental, LLC, dated April 14, 2014; and VFA, lnc., dated
April 18 2014, for Conducting And Documenting A Detailed Facilities Condition Assessment
Of Various Buildings/Assets Owned By The City Of Miami Beach And To Develop A
Schedule For Assets And Equipment Replacement Within The Building/Assets To lnclude
Current And Projected Future Replacement Costs; said amendment adding the following
locations to the agreement with Nova Engineering and Environmental LLC: Pennsylvania
Parking Garage, and Jackie Gleason Theatre Of Performing Arts and deleting the Lifeguard
Stands; and adding locations to the agreement with VFA, lnc. as follows: 1755 Building, City
Hall Parking Garage, Flamingo Pool Facility Building, Flamingo Park Field House, Flamingo
Park Baseball Stadium; further authorizing the City Manager to execute said amendment
and the authority to add and delete locations as needed.
fffi,ffiil1r16$,fl9".. and deletions to the Facility Condition Assessment Asreement
T:\AGENDA\2014\July\Procurement\Facility Condition Assessment Agreement Amendment - Memo.doc
472
Attachment No. 1
Additions and deletions to the Facility Condition Assessment Agreement
l. Clry FACILITIES to be added to Nova Enoineerino and Environmental, LLC Aoreement.
1 Pennsvlvania Parkino Garaoe
2 Jackie Gleason Theater of Performino Arts
I1. Clry FACILITIES to be deleted from Nova Enoineerino and Environmental. LLC Aoreement.
3 Lifeouard Station - Jettv
4 Lifeouard Station - 1"t
5 Lifeouard Station - 200 Street
o Lifeouard Station - 3'd
7 Lifeouard Station - 6th
8 Lifeguard Station - 8"'
9 Lifeguard Station - 10"'
10 Lifeguard Station - 12"'
11 Lifeguard Station - 13"
12 Lifeguard Station - 14"
13 Lifeguard Station - 15'"
14 Lifeguard Station - 16th
15 Lifeguard Station - 17'"
16 Lifeguard Station - 21
17 Lifeguard Station - 29'"
18 Lifeguard Station - 35
19 Lifeguard Station - 41
20 Lifeguard Station - 46"'
21 Lifeguard Station - 53'"
22 Lifeguard Station - 64
23 Lifeguard Station - 72""
24 Lifeguard Station - 74
25 Lifeguard Station - 76"'
26 Lifeguard Station - 79"'
27 Lifeguard Station - 81
28 Lifeguard Station - 83'"
29 Lifeguard Station - 85
lll. CITY FACILITIES to be added to VFA, lnc Aoreement.
1 1755 Building
2 Citv Hall Parkino Garaoe
3 Flamingo Pool Facility Building
4 Flamingo Park Field House
5 Flaminoo Park Baseball Stadium
473
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND NOVA
ENGTNEERTNG AND ENVIRONMENTAL, LLC (NOVA), DATED APRIL 14, 2014 (NOVA
AMENDMENT), AND AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY
AND VFA, lNC. (VFA), DATED APRTL 18, 2014 (VFA AMENDMENT), FOR THE
PURPOSE OF CONDUCT!NG AND DOCUMENTING A DETAILED FACILIT!ES
CONDITION ASSESSMENT OF VARIOUS BUILDINGS/ASSETS OWNED BY THE CITY,
AND DEVELOPING A SCHEDULE FOR ASSETS AND EQUIPMENT REPLACEMENT
WITHIN THE BUILDING/ASSETS, INCLUDING CURRENT AND PROJECTED FUTURE
REPLACEMENT COSTS; WITH THE NOVA AMENDMENT ADDING THE FOLLOWING
LOCATIONS: PENNSYLVANIA PARKING GARAGE AND JACKIE GLEASON THEATRE
OF PERFORMING ARTS, AND DELETING THE LIFEGUARD STANDS; AND THE VFA
AMENDMENT ADDING THE FOLLOWING LOCATIONS: 1755 BUILDING, CITY HALL
PARKING GARAGE, FLAMINGO POOL FACILITY BUILDING, FLAMINGO PARK FIELD
HOUSE, AND FLAMINGO PARK BASEBALL STADIUM; AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY FUTURE AMENDMENTS TO THE NOVA AND
VFA AGREEMENTS.
WHEREAS, on March 13, 2013, the City Commission approved Resolution No.
2013-28155, awarding the agreements for Facilities Condition Assessment (FCA) to Nova
Engineering And Environmental, LLC (Nova) and VFA, lnc. (VFA), pursuant Request for
Qualifications (RFQ) No. 56-11112; and
WHEREAS, pursuant to said RFQ, the City entered into a Professional Services
Agreement for FCA services with Nova, dated as of April 14, 2014, which omitted the
following locations, which require the FCA services: the Pennsylvania Parking Garage and
the Jackie Gleason Theatre Of Performing Arts; and included the lifeguard stations, which do
not require the FCA services; and
WHEREAS, pursuant to said RFQ, the City entered into a Professional Services
Agreement for FCA services with VFA, dated as of April 18, 2014, which omitted the
following locations, which require the FCA services: the'1755 Building, the City Hall Parking
Garage, the Flamingo Pool Facility Building, the Flamingo Park Field House, and the
Flamingo Park Baseball Stadium; and
WHEREAS, the FCA condition report contains the asset value, replacement cost and
full condition of all systems, along with upgrade and replacement timelines for the interior
and exterior envelope of the asset, which information is used to create a Facility Condition
lndex (excellent, good, poor, or should be demolished), which is used by the City to track the
overall condition of its major facilities; and
WHEREAS, an Amendment No. 1 to the Nova Agreement and the VFA Agreement is
necessary in order to accurately reflect the City buildings and assets which require the FCA
services, which Amendment should also grant the City Manager the authority to make any
subsequent changes to the Nova Agreement and the VFA Agreement, in order to expedite
the requisite assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY GOMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission hereby
approve and authorize the City Manager to execute Amendment No. 1 to the Agreement
between the City and Nova Engineering and Environmental, LLC (Nova), dated April 14,
2014 (Nova Amendment), and the agreement between the City and VFA, lnc. (VFA), dated
April 18,2014 (VFA Amendment), for the purpose of conducting and documenting a detailed
474
facilities condition assessment of various buildings/assets owned by the City and developing
a schedule for assets and equipment replacement within the building/assets, including
current and projected future replacement costs; with the Nova Amendment adding the
following locations: Pennsylvania parking garage and Jackie Gleason Theatre of Performing
Arts, and deleting the lifeguard stands; and the VFA Amendment adding the following
locations: 1755 Building, City Hall Parking Garage, Flamingo Pool Facility Building, Flamingo
Park Field House, and Flamingo Park Baseball Stadium; and further authorize the City
Manager to execute any future amendments to the Nova and VFA Agreements.
PASSED AND ADOPTED this _ day of 2014.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014\July\Procurement\Facility Condition Assessment Contract Amendment Reso.doc
475
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For
Proposals (RFP) No.2014-182-LR, For Event Planning And Marketing Services For City's Centennial
Celebration.
Data Environmental Scan. etc: N/A
Item Summary/Recommendation :
On March 5,2014, the Mayor and City Commission directed the Administration to draft and issue a Request
for Qualifications (RFQ) for event planning and marketing services for the Miami Beach's Centennial. As
directed, the scope of services was provided to the Mayor's Office for review and the full RFQ was provided
to the Mayor and City Commissioners via LTC #086-2014 on March 17, 2014. The RFQ was issued on
March 20,2014.
On March 28, 2014, the City Manager, via Letter to Commission (LTC) No. 097-2014, appointed an
Evaluation Committee (the "Committee"). On May 1, 2014, the evaluation committee convened to score
proposals received. However, on May 6,2014, following the evaluation of proposals, one (1) of the three (3)
Committee members reported a possible conflict of interest. ln an abundance of caution, the participation by
the Committee member reporting the possible conflict has been disqualified. As a result, the evaluation
process was also be disqualified because a quorum no longer existed which resulted in an invalidation of the
evaluation process held on May 1 , 2014. After consulting with the City Attorney's qffice, the Administration
decided to reconvene a new evaluation committee to evaluate proposals receiVed.
On May 28,2014, the City Manager, via Letter to Commission (LTC) No. 176-2014, appointed a new
Evaluation Committee (the "Committee"). The Committee convened on June 16, 2014, to consider
proposals received. The Committee was provided an overview of the project, information relative to the
Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee was also provided
general information on the scope of services, references and a copy of each proposal. The results of the
evaluation process were presented to the City Manager for his review and recommendation to the City
Commission.
CITY MANAGER'S DUE DILIGENCE/RECOMMENDATION
After reviewing all the submissions and the Evaluation Committee's ranking of proposals received, the City
Manager exercised his due diligence and is recommending that the Mayor and City Commission accept the
recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for
Qualifications (RFP) No.2014-182, Event Planning and Marketing Service for the City's Centennial
celebration, and authorize the administration to enter into negotiations with the top-ranked firm, ACT
Productions, lnc., and should the Administration not be successful in negotiating an agreementwith the top-
ranked proposer, authorizing negotiations with the second-ranked proposer, Logistic Management Group;
and should the administration not be successful in negotiating an agreement with the second-ranked
proposer, authorizing negotiations with the third-ranked proposer, Engine Shop LLC; and further authorize
the City Manager to execute an agreement upon conclusion of successful negotiations bythe Administration.
ADOPT THE RESOLUTION
Financial lnformation:
Source of
Funds:
OBPI
Amount Account
1 N/A
Total $
Financial !mpact Summarv:
\20 1 4 July23\RF P 20 1 4-1 82-LR
AGE},IDA ffWrt C 7A(9 MIAMIBf;ACH a,lrE ?'e3'lY476
C MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT:A RESOLUTION OF THE MAYOR AND Clry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACGEPTING THE RECOMMENDATION OF THE CITY
MANAGER PURSUANT TO REQUEST FOR QUALIFICATIONS (RFO) NO. 2014-
182-LR, FOR EVENT PLANNING AND MARKETING FOR THE CITY'S
CENTENNIAL CELEBRATION.
ADMI NISTRATION RECOMMEN DATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
FUNDING
Funding is subject to appropriation by the City Commission.
BACKGROUND
The City of Miami Beach issued a Request for Qualifications for a vendor to collaborate with
the City in planning, managing, and marketing the "Miami Beach Centennial Celebration" on
March 26,2015. The City envisions a celebration of Miami Beach's heritage that promotes
awareness of our history and creates lasting legacies as we move into the future. The City's
desire is to host a year-long celebration of public events and educational initiatives to
celebrate Miami Beach's past, present and future. The celebrations will begin September
2014 and run through August 2015, with a major public event on the Centennial, March 26,
2015. The City may also utilize services awarded pursuant to this solicitation for other City
events as mutually agreed upon by the City and Contractor.
RFP PROCESS
On March 5,2014, the Mayor and City Commission directed the Administration to draft and
issue a Request for Qualifications (RFO) for event planning and marketing services for the
Miami Beach's Centennial. As directed, the scope of services was provided to the Mayor's
Office for review and the full RFQ was provided to the Mayor and City Commissioners via LTC
#086-2014 on March 17,2014. On March 20,2014, the RFQ was issued, with an opening
date of April 21 , 2014. A pre-proposal conference to provide information to the prospective
proposers was held on March 26,2014. Twenty (20) prospective proposers downloaded the
solicitation from Public Purchase. Additionally, the Department of Procurement Management
notified sixteen (16) additional firms via e-mail, which resulted in the receipt of proposals from
the following six (6) firms.
o ACT Productions, lnc.. Advanced Concert Productions. Diversified Product Services. Engine Shop LLC. Logistics Management Group
TO:
477
Commission Memorandum - RFQ 2014-182-LR Event Planning and Marketing Sevices
July 23, 2014
Page 2
o Siinc Agency
On March 28, 2014, the City Manager, via Letter to Commission (LTC) No. 097-2014,
appointed an Evaluation Committee (the "Committee"). The following individuals participated
on the Evaluation Committee: Frankie Ruiz, Michel Vega and Ana Cecilia Velasco. Pauline
Winick was not able to serve, and Robert Goodman, Gary Farmer, Victoria Rodgers and Jaie
Laplante were unable to attend due to scheduling conflicts.
On May 1, 2014, the evaluation of proposals was scheduled to be held by the Evaluation
Committee, noticed to the City Commission via LTC#097-2014. However, of the five (5)
Committee members and two (2) alternates, only three (3) Committee members were
available on the day the evaluation meeting was scheduled. Because of the desire to expedite
the award pursuant to the RFQ so that the centennial planning could begin and, given that a
quorum was established with three (3) of the five (5) committee members present, the
evaluation of proposals proceeded.
However, on May 6,2014, following the evaluation of proposals, one (1) of the three (3)
Committee members reported a possible conflict of interest. ln an abundance of caution, the
participation by the Committee member reporting the possible conflict has been disqualified.
As a result, the evaluation process was also be disqualified because a quorum no longer
existed which resulted in an invalidation of the evaluation process held on May 1 ,2014. After
consulting with the City Attorney's office, the Administration decided to reconvene a new
evaluation committee to evaluate proposals received.
On May 28,2014, the City Manager, via Letter to Commission (LTC) No. 176-2014, appointed
a new Evaluation Committee (the "Committee"). The following individuals participated in the
Evaluation Committee: Seth Bramson, Sheila Duffy-Lehrman, Reagan Pace and Frank
Trullenque. Robert Goodman, Cheryl Jacobs, Gary Farmer, Victoria Rogers, and Jaie
Laplante were unable to attend due to scheduling conflicts.
The Committee convened on June 16,2014, to consider proposals received and interview the
proposers. The Committee was provided with information relative to the City's Cone of Silence
and Government in the Sunshine Law, general information on the scope of services, reference
responses, and additional pertinent information from all responsive proposers.
After proposer's presentations and interviews, the Committee discussed the proposers'
qualifications, experience, and competence, and further scored the proposers accordingly.
The Committee was instructed to score each proposal pursuant to the evaluation criteria
established in the RFQ.
Total rP'6ints,E va I u ati 6'4.:,€d te ria
50 Proposer Experience and Qualifications, including Financial
Caoabilitv
25 Scope of Services
30 Approach and Methodoloqv
Additional points, over the aforementioned potential points were to be allocated, if applicable and in
accordance to the following ordinances.
LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five (5)
points to Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference
478
Commission Memorandum - RFQ 2014-182-LR Event Planning and Marketing Services
July 23, 2014
Page 3
Ordinance. One firm, ACT Productions, lnc., qualified and was allocated the five (5) points for local
preference.
VETERANS PREFERENCE: The City, through the Procurement Division, will assign an additionalfive
(5) points to Proposers which are a small business concern owned and controlled by a veteran(s) or a
service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance.
Please note that no proposer was eligible for Veteran's preference.
The Committee's rankings were as follows:
ACT PRODUCTIONS. lNC. has been in the business since 1987 in the event industry with
headquarters in the City of Miami Beach. ACT has a wide breath of experience having
produced work for Presidential lnaugurations, Super Bowls, Orange Bowls, televisions shows,
rock concerts, award shows, charity galas, as well as, the annual Beach Polo World Cup.
LOGISTICS MANAGEMENT GROUP has been in the business for twenty-five years and has
produced over 100 national acts. Logistics Management Group ("LMG") past performance
include the City of Miami's Centennial Celebration, City of Miami Beach Sleepless Nights, and
U.S. Mayor's Conference to name a few. Their portfolio of skills includes comprehensive
production, logistics and operations, sponsorships and marketing campaigns.
ENGINE SHOP LLC was incorporated in 2012 and uses an experiential marketing program for
their clients, utilizing a 360 degree marketing approach which considers all angles during
planning and work with their clients to ensure every asset and outlet are utilized to maximize
the output of the program. Agency personnel have spearheaded major campaigns for brands
such as American Express, Diageo, Mercedes-Benz, Corona, Omega, Lexus and others.
MANAGER'S DUE DILIGENCE
ln accordance with the ranking results pursuant to the evaluation process outlined herein and
the due diligence review by the City Manager, the Administration recommends that the Mayor
and City Commission of the City of Miami Beach, Florida accept the recommendation of the
City Manager pertaining to the ranking of proposals, pursuant to RFQ 2014-182 tor Event
Planning and Marketing Services, as outlined in the recommendation section below.
The City Administration intends to immediately negotiate terms for the Centennial Celebration
Event Planning and Marketing Services and return to the City Commission with an item for
Seth
Bramson Rankinq
Sheila
Duffy-
Lehrman Rankino
Reagan
Pace Rankino
Frank
Trullenoue Rankino
LOW
AGGREGATE
TOTALS
ACT Productions, lnc. 87 1 85 1 85 4 105 1 7 1
Advanced Concert
Productions 50 5 EE 5 65 6 96 4 20 5
Enqine Shop 65 4 80 2 95 1 99 3 10 3
Logistic Management
Grouo 75 2 71 4 95 I 100 2 o 2
Siinc Aoencv 74 3 80 2 95 1 95 5 11 4
Diversified Production
Services 40 6 40 6 75 5 85 6 23 6
479
Commission Memorandum - RFQ 2014-182-LR Event Planning and Markelrng Servrbes
July 23, 2014
Page 4
approval of an agreement at the July 30,2014 Commission meeting.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to Request for Qualifications (RFP) No. 2014-182-LR, Event Planning and
Marketing Services For the City's Centennial celebration; authorizing the administration to
enter into negotiations with the top-ranked firm, ACT Productions, lnc.; and should the
Administration not be successful in negotiating an agreement with the top-ranked proposer,
authorizing negotiations with the second-ranked proposer, Logistic Management Group; and
should the administration not be successful in negotiating an agreement with the second-
ranked proposer, authorizing negotiations with the third-ranked proposer, Engine Shop LLC;
and further authorizing the Mayor and City Clerk to execute agreements upon completion of
successful negotiations by the Administration.
JLM /KGB/MT/AD/MS
T:\AGENDA\2014Ju1y23\RFQ 2014-182-LR Event Planning & Marketing Services - Memo Final.doc
480
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THECIry MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014-182.LR, FOR
EVENT PLANNING AND MARKETING SERVIGES FOR THE CITY'S
CENTENNIAL CELEBRATION; AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH THE TOP RANKED PROPOSER, ACT
PRODUCTIONS, INC.; AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP.RANKED
PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND.RANKED
PROPOSER, LOGISTIC MANAGEMENT GROUP; AND SHOUD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WITH THE SECOND-RANKED PROPOSER, AUTHORIZING
NEGOTATIONS WITH THE THIRD.RANKED PROPOSER, ENGINE SHOP
LLC; AND FURTHER AUTHORIZING THE MAYOR AND Clry CLERK TO
EXECUTE AN AGREEMENT UPON COMPLETION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, Request for Qualifications (RFO) No. 2014-182-LR was issued on March
20,2014, with an opening date of April21,2014;and
WHEREAS, a pre-proposal conference was held on March 26,2014; and
WHEREAS, the City received six (6) proposals; and
WHEREAS, on March 28, 2014, the City Manager, via Letter to Commission (LTC) No.
097-2014, appointed an Evaluation Committee (the "Committee") consisting of the following
individuals:
o Pauline Winick, Miami Beach Resident and former Executive Vice President of
the Miami Heat. Frankie Ruiz, Chief Running Officer, Life Time Athletic Events (Miami Marathon)o Robert Goodman, President, Garber & Goodman Advertising, lnc.o MichelVega, William Morris Entertainmento Ana Cecilia Velasco, Executive Vice President and Chief Operating Officer,
Miami Beach Chamber of Commerce
The following individuals were appointed as alternates:
o Gary Farmer, CulturalAffairs Program Manager, City of Miami Beach. Victoria Rodgers, New World Symphony. Jaie Laplante, Executive Director, Miami lnternational Film Festival
WHEREAS, the Committee convened on May 1 ,2014, however, of the five (5) available
Committee members and two (2) alternates, only three (3) Committee members were available
on the day the evaluation meeting was scheduled; and
481
WHEREAS, because of the desire to expedite the award pursuant to the RFQ so that
the centennial planning could begin, and given that a quorum was established with three (3) of
the five (5) committee members present, the evaluation of proposals proceeded; and
WHEREAS, on May 6,2014, following the evaluation of proposals, one (1) of the three
(3) Committee members reported a possible conflict of interest; and
WHEREAS, in an abundance of caution, the participation by the Committee member
reporting the possible conflict was disqualified, reducing the voting committee members to two
(2), which was not sufficient to carry a quorum, thereby resulting in the disqualification of the
evaluation process held on May 1 ,2014; and
WHEREAS, On May 28, 2014, the City Manager, via Letter to Commission (LTC) No.
176-2014, appointed a new Evaluation Committee (the "Committee") consisting of the following
individuals:
. Seth Bramson, Historian and Professor. Sheila Duffy-Lehrman, Chief Operating Otficer, Tropic Survival Advertising &
Marketingo Robert Goodman, President, Garber & Goodman Advertising, lnc.. Cheryl Jacobs, Executive Vice President, Miami Center for Architecture and
Designo Jaie Laplante, Executive Director, Miami lnternational Film Festival. Reagan Pace, Chairperson, Centennial Committeeo Frank Trullenque, Chairperson, Hispanic Affairs Committee
The following individuals were appointed as alternates:
. Gary Farmer, CulturalAffairs Program Manager, City of Miami Beacho Victoria Rodgers, New World Symphony
WHEREAS, the Committee convened on June 16, 2014, to consider the proposals
received; and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of each proposal; and engaged in a question
and answer session after the presentation of each proposer; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking was as follows: ACT Productions, lnc., top ranked;
Logistic Management Group, second highest ranked; Engine Shop LLC, third highest ranked;
Siinc Agency, fourth highest ranked; Advanced Concert Productions, fifth highest ranked; and
Diversified Production Services, sixth highest ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's and
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with the top-ranked firm, ACT
482
Productions and should the Administration not be successful in negotiating an agreement with
the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Logistic
Management Group; and should the administration not be successful in negotiating an
agreement with the second-ranked proposer, authorizing negotiations with the third-ranked
proposer, Engine Shop LLC;
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Qualifications No. 2014-182-LR (the RFQ), for Event
Planning and Marketing Services for the Centennial Celebration; and authorize the
Administration to enter into negotiations with the top ranked proposer, ACT Productions, lnc.;
and should the Administration not be successful in negotiating an agreement with the top-
ranked proposer, authorizing negotiations with the second-ranked proposer, Logistic
Management Group; and should the administration not be successful in negotiating an
agreement with the second-ranked proposer, authorizing negotiations with the third-ranked
proposer, Engine Shop LLC; and further authorize the Mayor and City Clerk to execute an
Agreement upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
day of 2014.
,8ffiYiR8tlB'
& FOREXECUTIONJO""u ,{fu
Dote
483
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution retroactively authorizing the acceptance of $5,500 dollars in sponsorships made to the City
for the annual Fourth of J a free event.
lntended Outcome Su
Maximize The Miami Beach Brand As A World Class Destination
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey reported
that 66% of all resident respondents felts that the number of family friendly activities and cultural activities are
"about right". Additionally, on average, residents aftended 15 cultural activities per year and 13 family friendly
activities oer vear. These indicate increased satisfaction from the 2009 survev.
Item Summary/Recommendation :
ln 1991, the City of Miami Beach launched the first "An American Celebration" as a means to attract more
visitors to this area during the 4th of July. This celebration, due to its great success, has been carried on
year after year as a vehicle to continue to bring more visitors to the ci$. ln order to generate interest in all
areas of the city, the event's location used to alternates between the North Beach community (72nd Street
beach front) and the South Beach Community (Ocean Drive Beach Front) areas. This year the event
returned to the North Beach location and the fireworks were launched from a secured area of the beach at
76th Street. The City also provided FREE transportation from the 42nd StreeUsheridan Avenue and the
North Shore Bandshell.
OnJuly4'h,2014,theCityof MiamiBeachhostedits2l$annualJuly4thcelebration. Theeventtookplace
at the North Shore Bandshell, 73'o Street and Collins Avenue. This year's program entitled "Coca-Cola
Presents Fire on the Fourth, Brought to You by the City of Miami Beach, Miami Beach Medical Group And
Classical South Florida Radio" featured performances by the Amber Leigh Band, the Marshall Brothers
Band, and Spam Allstars. The City also partnered with ClassicalSouth Florida Radio 89.7 FM to broadcast
the program live on the radio. The fireworks show was accompanied by patriotic melodies compiled by
Classical South Florida. The program began at 1 1am with the aforementioned performances followed by a
sixteen(16)minutefireworkshowat9pm. Thisyearwewerealsoabletoofferfreeyogaonthebeachat
73'" Street starting at 9am as well as food trucks starting at noon.
4th is an all day event and it was ooen to the at no
Financial lnformation :
Source of
Funds:
OBPI
Amount Account
1 $5,500 01 1.9322.000352
Total
Financial lmpact Summary:
These sponsors are providing a total of $5,500 in funding and in-kind contributions to offset the costs for July 4h
in addition to $6,500 previously accepted via Resolution No. 2014-28562.
Clerk's Office islative T
AGEI.IDA fiErr C7RE MIAMIBEACH DArE '?'23-/y484
g MIAMIBEACH
City of iliomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
the City
SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING
THE AGCEPTANCE OF AN ADDITIONAL $5,500 DOLLARS !N
SPONSORSHIPS MADE TO THE CITY FOR THE CITY'S ANNUAL FOURTH OF
JULY GELEBRATION EVENT.
ADMINISTRATION RECOMMEN DATION
Adopt the resolution.
FUNDING
Donations (including Sponsorships) made to the City for the July 4, 2014 event will be
expended from 01 1.9322.00352.
ANALYSIS
ln 1991 , the City of Miami Beach launched the first'An American Celebration" as a means to
attract more visitors to this area during the 4th of July. This celebration, due to its great
success, has been carried on year after year as a vehicle to continue to bring more visitors
to the city. ln order to generate interest in all areas of the city, the event's location used to
alternates between tha North Beach community 172nd Street beach front) and the South
Beach Community (Ocean Drive Beach Front) areas. This year the event returned to the
North Beach location and the fireworks were launched from a secured area of the beach at
76th Street. The City also provided FREE transportation from the 42nd StreeUsheridan
Avenue and the North Shore Bandshell.
On July 4th, 2014, the City of Miami Beach hosted its 21't annual July 4th celebration. The
event took place at the North Shore Bandshell, 73'd Street and Collins Avenue. This yea/s
program entitled "Coca-Cola Presents Fire on the Fourth, Brought to You by the City of
Miami Beach, Miami Beach Medical Group And Classical South Florida Radio" featured
performances by the Amber Leigh Band, the Marshall Brothers Band, and Spam Allstars.
The City also partnered with Classical South Florida Radio 89.7 FM to broadcast the
program live on the radio. The fireworks show was accompanied by patriotic melodies
compiled by ClassicalSouth Florida. The program began at 11am with the aforementioned
performances followed by a sixteen (16) minute firework show at 9pm. This year we were
also able to offer free yoga on the beach at 73'd Street starting at 9am as well as food trucks
starting at noon.
July4th is an all day event and it is open to the general public at no charge. Marketing efforts
for this event include PSAs and printed ads starting a month prior to the event. The media
485
July 4th
July 23,2014
City Commission Meeting
Page 2 of 2
plan included news and local programming coverage for the event, including MB77, the
Miami Beach government channel, as well as radio, television, and newspaper calendars
around South Florida.
The City secured the following sponsors for the event at varying levels of support:o Coca-Colao Miami Beach Medical Groupo Classical South Florida Radioo Car2Goo MB Coalition
This year's media sponsors included:
1. The Miami Herald, El Nuevo Herald and Miami.com
2. The Miami New Times
3. Classical South Florida
4. Atlantic Broadband
5. 93.9 MIA
6. 939MlA.com
CONCLUSION
Staff worked diligently to identify funding sources to off-set the costs of producing this event.
The Administration recommends the adoption of the attached Resolution authorizing the
acceptance of these donations, their appropriation to cover costs of July 4th.
JLM/KGB/MAS
486
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING
AND AUTHORIZING THE ACCEPTANCE OF AN ADDITIONAL
$5,5OO.OO IN SPONSORSHIPS MADE TO THE CITY FOR THE CITY'S
JULY 4, 2014 EVENT, AND FURTHER AUTHORIZING THE C!ry
MANAGER, OR HlS DESIGNEE, TO MAKE ANY NECESSARY
REIMBURSEMENTS AND/OR EXPENDITURES FROM THE
AFORESTATED AMOUNT IN FURTHERANCE OF AND
CONSISTENT WITH THE CIry'S JULY 4,2014 EVENT.
WHEREAS, in 1991, the City of Miami Beach launched the first 4th of July event as a means to
attract more visitors to the City; and
WHEREAS, this event has been carried out year after year as a vehicle to continue to bring more
visitors to the City; and
WHEREAS, the event includes performances for the public and a fireworks show, all free of
charge; and
WHEREAS, in furtherance of the City's July 4th 2014 event, contributions were made by the
following entities to the City in the cumulative amount of $5,500.00 and these entities were recognized as
event sponsors:o Coca-Cola;o Miami Beach MedicalGroup;o Classical South Florida Radio;o Car2Go;o MB Coalition; and
WHEREAS, the Ci$ Administration recommends that the Mayor and City Commission
retroactively approve and accept the donations from the above named entities on behalf of the City for the
City's July 4,2014 event; and
WHEREAS, the City Administration further recommends that the Mayor and City Commission
authorize the City Manager, or his designee, to make any necessary reimbursements and/or expenditures
from the aforestated donations in furtherance of and consistent with the City's July 4, 2014 event.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
retroactively approve and authorize the acceptance of $5,500.00 in sponsorships made to the City from
the above named entities for the City's July 4,2014 event, and further authorizing the City Manager, or
his designee, to make any necessary reimbursements and/or expenditures from the aforestated amount
in furtherance of and consistent with the City's July 4, 2014 event.
PASSED and ADOPTED this day of _,2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
T:\AGENDA\201 4Uuly\TCED\2014 July 4th Sponsorship Acceptance Reso.doc
APPROVED AS TO
FORM & IANGUAGE
CUTION
;;l:' 1[(+ lr4
-
City Attorney 6 Dote487
Maximize The Miami Beach Brand As A World Class Destination
Supporting Data (Surveys, Environmental Scan, etc.): The 2012Community Satisfaction Survey reported two out of
three residents (67%) believed the City offered the right amount of cultural activities, while2To/o said there were too few. ln
2005,34o/o of residents thought there were too few cultural activities, and in 2009 the figure decreased lo24o/o. Residents of
North Beach (30%) and South Pointe (31%) were more to say there were too few cultural activities.
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the acceptance of one hundred and fifty thousand dollars ($150,000) in sponsorship from Citi
made to the City in support of the SoundScape Cinema Series for Fiscal Year 2014115; and authorizing the City Manager or
his designee to make such expenditures and/or reimbursements from the aforestated sponsorship, in furtherance of and
consistent with the aforestated event.
Item Summary/Recommendation :
Advisorv Board Recommendation :
Financial lnformation :
AGEITIDA filil C75
As you know, the City developed and produced the SoundScape Cinema Series at the ExoStage, which launched in March
2011 and allows the public to experience FREE weekly movies. The Cinema Series is part of the City's Arts in the Park
program that was launched in 2006 in response to the results of community surveys and focus groups that indicated
residents would like to see more free cultural events. The SoundScape Cinema Series uses the state-ofthe-art visual and
audio technology in SoundScape on a soaring, 7,OO0-square-foot projection wall. The inaugural season of the Cinema
Series ran fourteen (14) weeks, with movies shown on Wednesday nights in an effort to bring consumers to the area during
a slower night of the week. The SoundScape Cinema Series was very well received by the Community, generating an
average weekly attendance of 938 people, with a high of 1,200 for The Wizard of Oz. Attendees continue to provide very
positive feedback to City Staff regarding the experience, and many say it has enhanced their sense of community and
quality of life. Today.com, in cooperation with Travel + Leisure, ran a story in the travel section of the website on June 10,
2011, highlighting America's Best Outdoor Movie Theaters, which included the City's SoundScape Cinema Series.
The Administration was recently approached by Citiwith an interest in an annual exclusive sponsorship of the Soundscape
Cinema Series. After several discussions, Citi has agreed to a cash sponsorship of $150,000 in exchange for exclusive
sponsorship and naming rights to the Soundscape Cinema Series during the fiscal year 201412015. They will be invoiced
quarterlyinOctober2014,January2015,April2015andJuly2015. lnexchange,theCitywillworkwiththemtoagreeona
new name that will incorporate both Soundscape Cinema Series and include the Citi brand. They will be recognized prior to
each weekly movie and in all marketing and promotions associated with the Cinema Series. Citiwillalso have unlimited
rights to attend and sample at each weekly movie. Citi will also have first right of refusal for sponsorship of the Soundscape
Cinema Series in
Source of Funds:
OBPI
Amount Account
I
Total
Financial lmpact Summary:
These sponsors are providinq a total of $150,000 in sponsorship contributions to offset the costs for SoundScape Cinema Series.
E MIAMIBEACH olre 7-23-/t/488
(9 MIAMIBEACH
City of Miomi Beoch, 1 700 Convention Center Drive, Miomi Beoch, Florido 33.l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members pf the City C
Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYORAND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF ONE
HUNDRED AND FIFTY THOUSAND DOLLARS ($15O,OOO) !N SPONSORSHIPS
FROM CTTIBANK, N.A. (CtTt) tN SUPPORT OF THE SOUNDSCAPE CTNEMA
SERIES FOR FISCALYEAR 2014115 UPON EXECUTION OFASPONSORSHIP
AGREEMENT WITH THE CITY; AND AUTHORIZING THE CITY MANAGER ORHIS DESIGNEE TO MAKE SUCH EXPENDITURES AND/OR
REIMBURSEMENTS FROIT'I THE AFORESTATED DONATIONS IN
FURTHERANCE OF AND CONSISTENT WITH THE AFORESTATED EVENT.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
ANALYSTS
As you know, the City developed and produced the SoundScape Cinema Series at the
ExoStage, which launched in March 2011 and allowsthe publicto experience FREEweekly
movies. The Cinema Series is part of the City'sArts in the Park program thatwas launched
in 2006 in response to the results of community surveys and focus groups that indicated
residents would like to see more free cultural events. The SoundScape Cinema Series uses
the state-ofthe-art visual and audio technology in SoundScape on a soaring, 7,000-square-
foot projection wall.
ln producing the SoundScape Cinema Series the City uses the following Selection Criteria:
1. Public Performance Event License availability
2. Rating of "G", "PG" or"PG-13" bythe Motion PictureAssociation of America (MPAA)
3. History of critical and commercial success to appeal to largest resident population
4. Variety of programming through length of series: balancing recent and classic films
in numerous genres (action, comedy, musicals, drama, animation, suspense,
science fi ction/fantasy) ; non-pol itical content
5. Appropriateness of film to public outdoor large-screen format
The inaugural season of the Cinema Series ran forfourteen (14) weeks, with movies shown
on Wednesday nights in an effort to bring consumers to the area during a slower night of the
week. The SoundScape Cinema Series has been very well received by the Community,
generating an average weekly attendance of 938 people, with a high of 1,200 for The
Wizard of Oz. Attendees continue to provide very positive feedback to City Staff regarding
the experience and many say it has enhanced their sense of community and quality of life.
TO:
FROM:
489
SoundScape Cinema Series
Citi Exclusive Sponsorship
July 23,2014
City Commission Meeting
Page2 ot 2
Today.com, in cooperation with Travel + Leisure, ran a story in the travel section of the
website on June 10, 2011, highlighting America's Best Outdoor Movie Theaters, which
included the City's SoundScape Cinema Series.
Due to the program's success, additional movies were added to the schedule to be shown in
August priorto the start of the next school year. Unfortunately, weather and othertechnical
issues with the equipment forced the City to cancel those movies.
The Administration was recently approached by Citi with an interest in an annual exclusive
sponsorship of the Soundscape Cinema Series. After several discussions, Citi has agreed
to a cash sponsorship of $150,000 in exchange for exclusive sponsorship and naming rights
to the Soundscape Cinema Series during the fiscal year 201412015. They will be invoiced
quarterly in October 2014, January 2015, April2015 and July 2015. !n exchange, the City
will work with them to agree on a new name that will incorporate both Soundscape Cinema
Series and include the Citi brand. Theywill be recognized priorto each weekly movie and in
all marketing and promotions associated with the Cinema Series. Citi will also have
unlimited rights to attend and sample at each weekly movie. Citiwill also have first right of
refusal for sponsorship of the Soundscape Cinema Series in subsequent years.
Citi has a location direct across from Soundscape Park, making this a great fit for their
sponsorship efforts. ln addition to this sponsorship, Citi is working with the New World
Symphony to also sponsor some events as well as other groups within the City of Miami
Beach. Citi has 3 branch locations throughout Miami Beach in addition to other ATM
locations in locations such as TELEVEN.
CONCLUSION
Staff has worked diligently to identify funding sources to off-set the costs of producing this
event that provides a unique cultural experience for our residents and visitors. The
Administration recommends the adoption of the attached Resolution authorizing the
acceptance of the donation, their appropriation to cover costs of SoundScape Cinema
Series and authorizes the City Manager to make such expenditures and reimbursements
associated with the event.
JLM/KGB/MAS/TD
T:\AGENDAV0l4Uuly\TCED\Citi Sponsorship Acceptance Memo.doc
490
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A
ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($15O,OOO.OO)
SPoNSORSHIP FROM C!T!BANK, N.A. (CtTt) !N SUPPORT OF THE
SOUNDSCAPE CINEMA SERIES FOR FISCAL YEAR 2014115 UPON
EXECUTION OF A SPONSORSHIP AGREEMENT WITH THE CITY; AND
FURTHER AUTHORIZING THE CIry MANAGER OR HlS DESIGNEE TO
MAKE SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE
AFORESTATED SPONSORSHIP AMOUNT IN FURTHERANCE OF AND
CONSISTENT WITH THE SOUNDSCAPE CINEMA SERIES FOR FISCAL
YEAR 2014t2015.
WHEREAS, the City developed and produced the SoundScape Cinema Series at the
ExoStage, which launched in March 2011 and allows the public to experience free weekly
movies; and
WHEREAS, the Cinema Series is part of the City's Arts in the Park Program that was
launched in 2006 in response to the results of community surveys and focus groups that
indicated residents would like to see more free cultural events; and
WHEREAS, the SoundScape Cinema Series has been very well received by the
Community, generating an average weekly attendance of 938 people; and
WHEREAS, ClTl would like to exclusively sponsor the Soundscape Cinema Series in
the amount of $150,000.00 for Fiscal Year 2014115; and
WHEREAS, in consideration of this sponsorship, the City will work with ClTl to agree on
a new name that will incorporate both the Soundscape Cinema Series and the ClTl brand
pursuant to a sponsorship agreement, to be entered into with the City; in addition, ClTl will be
recognized prior to each weekly movie and in marketing and promotions associated with the
Cinema Series. The sponsorship agreement will also provide ClTl with rights to attend and
market at each weekly movie and first right of refusal for sponsorship of the Soundscape
Cinema Series in subsequent years.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the acceptance of a one hundred and fifty thousand dollar
($150,000.00) sponsorship from Citibank, N.A. in support of the SoundScape Cinema Series for
Fiscal Year 2014/15 upon ClTl's execution of a sponsorship agreement with the City; and
further authorize the City Manager or his designee to make such expenditures and/or
reimbursements from the aforestated sponsorship amount in furtherance of and consistent with
the Soundscape Cinema Series for Fiscal Year 2014115.
PASSED and ADOPTED this day of
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor, Mayor
APPROVED AS TO
FORM & LANGUAGEffi:.ut '*r^itu at.*ev-df CiE-
T:\AGENDA\201 4Uuly\TCED\Citi Sponsorship Acceptance RESO.doc
491
Condensed Title:
A Resolution Of The Mayor And City The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager To Reject All Proposals Received, Pursuant To lnvitation To Negotiate No.
2O1 4-13O-ME, For Online ndise Store.
COMMISSION ITEM SUMMARY
Item Summary/Recommendation:
The Administration identified the creation of an official City of Miami Beach store as an avenue to generate
additional revenue, while also supporting ongoing efforts to build and maintain the city's brand. On February
12, 2014, the Mayor and City Commission approved the issuance of an lnvitation to Negotiate (lTN) for
Online City Merchandise Store.
The ITN was issued on February 26,2014, with an opening date of April 3,2014. A pre-proposalconference
to provide information to the proposers submitting a response was held on March 12, 2014. The City
received proposals from the following firms:
1. Last Minute Apparel
2. Sharp Marketing
On April 2,2014, the City Manager via Letter to Commission (LTC) No. 101-2014, appointed an Evaluation
Committee (the "Committee") consisting of the following individuals. However, after further review of the
City's needs, the Administration is recommending exploring other methodologies and approaches to
accomplish this goal. Therefore, the Committee never convened to consider or score the proposals received
The Administration believes there are further licensing options worth pursuing. Additionally, based on the
feedback and discussions from professionals in licensing and tourism industry, it is believed that starting an
online store, prior to placing merchandise in stores, may not be successful. Therefore, the administration
recommends doing an overall analysis of our current licensed marks as well as what inventory what could be
licensed and work directly with manufacturers through non-exclusive license agreements to place official
Miami Beach merchandise in stores.
RECOMMENDATION
After reviewing the Administration's recommendation, the City Manager recommends rejecting all proposals
received pursuant to this lTN.
ADOPT THE RESOLUTION.
Advisorv Board Recommendation:
Financial lnformation:
Source of
Funds:
Amount Account
1 N/A N/A
2
OBPI Total
Financial Imoact Summarv:
Maximize Miami Beach as a destination brand.
Data (Surveys, Environmental Scan, etc: N/A
Clerk's Office
AGENDA ITEM c7T(s rI,IIAMIBTACH o*r* 7-23-17492
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33'l39, www.miomibeochfl.gov
COMMISSIO MEMORANDUM
TO:Mayor Philip Levine and Members of fte City Com
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO REJECT ALL PROPOSALS RECEIVED, PURSUANT TO
INVITATION TO NEGOTIATE NO. 2014.130-ME, FOR ONLINE CITY
MERCHANDISE STORE (THE ITN).
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Maximize Miami Beach as a destination brand.
BACKGROUND
With an unrivaled reputation for beautiful beaches, nightlife, renowned cultural arts, luxurious
hotels, historic architecture and culinary offerings, Miami Beach is one of the most visited
vacation destinations in the world. The city is frequently ranked on many lists as a top travel
destination in the US and internationally, positioning Miami Beach as globally recognized
brand.
This type of exposure is unique in the municipal marketing industry and the City of Miami
Beach has the opportunity to take full advantage of this value while continuing to serve the
underling goals and mission of the city.
The Administration identified the creation of an official City of Miami Beach store as an avenue
to generate additional revenue, while also supporting ongoing efforts to build and maintain the
city's brand. lt's worthy to note that most major cities, such as New York City, have official
stores that sell city merchandise.
ln addition, similar to a process that is used by New York City, the administration planned to
seek additional service marks or trademarks for future licensing opportunities. Doing this
ensures that unique merchandise is sold in the city store, as well as maintains the integrity of
the city brand.
To that end, the city was seeking a promotional items distribution company to manufacture (or
have manufactured through a third-party), market, promote, sell and distribute city promotional
items and souvenirs through an online store to be branded exclusively for city purposes.
On February 12,2014, the Mayor and City Commission approved the issuance of an lnvitation
to Negotiate (lTN) for Online City Merchandise Store.
493
Commission Memorandum - ITN-2014-130-ME Online Store
July 23,2014
Page2
RFP PROCESS
The ITN was issued on February 26, 2014, with an opening date of April 3, 2014. A pre-
proposal conference to provide information to the proposers submitting a response was held
on March 12,2014" The City received proposals from the following firms:
1. Last Minute Apparel
2. Sharp Marketing
On April 2,2014, the City Manager via Letter to Commission (LTC) No. 101-2014, appointed
an Evaluation Committee (the "Committee") consisting of the following individuals:
o Rolando Aedo, Executive Vice President / Chief Marketing Officer Greater Miami
Convention & Visitors Bureauo Liane Carmen, Marketing Asset Manager, Coca-Cola North Americao Gregoy Melvin, Resident, Owner of Babalu Miami, and CulturalArts Council Membero Perry Martino, Owner, Perfect Giftso Steve Farrel, Director of Golf, Miami Beach Golf Club
Alternates:
. Robin Lubetkin, Sr. Manager, Field & Experiential Marketing, Coca-Cola North America
Sports, Entertainment & Community Marketingo Mike Boocks, Head Golf Professional, Miami Beach Golf Club
However, after further review of the City's needs, the Administration is recommending
exploring other methodologies and approaches to accomplish this goal. Therefore, the
Committee never convened to consider or score the proposals received
The Administration believes there are further licensing options worth pursuing. Additionally,
based on the feedback and discussions from professionals in licensing and tourism industry, it
is believed that starting an online store, prior to placing merchandise in stores, may not be
successful. Therefore, the administration recommends doing an overall analysis of our current
licensed marks as well as what inventory what could be licensed and work directly with
manufacturers through non-exclusive license agreements to place official Miami Beach
merchandise in stores.
MANAGER'S DUE DILIGENCE & REGOMMENDATION
After reviewing the Administration's recommendation, the City Manager agrees with this
recommendation and recommends rejecting all proposals received.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager to reject all proposals
received, pursuant to lnvitation To Negotiate No. 2014-130-ME for Online City Merchandisestore. ,fr)
JLM / MT tKGVIAD / MS/ ME
T:\AGENDA\201 4\June\June 1'l Procurement\RFP-1 78-201 3 Waste Franchise - Memo.doc
494
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
GITY MANAGER TO REJECT ALL PROPOSALS RECEIVED, PURSUANT TO
INVITATION TO NEGOTIATE NO. 2014.130.ME, FOR ONLINE CITY
MERCHANDTSE STORE (THE rTN)
WHEREAS, on February 12, 2014, the Mayor and City Commission approved the
issuance of an lnvitation to Negotiate (lTN) for Online City Merchandise Store; and
WHEREAS, the ITN was issued on February 26,2014, with an opening date of April 3,
2014; and
WHEREAS, a pre-proposal conference to provide information to the proposers
submitting a response was held on March 12,2014; and
WHEREAS, the City received proposals from the following firms: (1) Last Minute Apparel
and (2) Sharp Marketing; and
WHEREAS, on April 2,2014, the City Manager via Letter to Commission (LTC) No. 101-
2014, appointed an Evaluation Committee (the "Committee") conslsting of the following
individuals:
. Rolando Aedo, Executive Vice President i Chief Marketing Officer Greater Miami
Convention & Visitors Bureauo Liane Carmen, Marketing Asset Manager, Coca-Cola North America. Gregory Melvin, Resident, Owner of Babalu Miami, and Cultural Arts Council Membero Perry Martino, Owner, Perfect Gifts. Steve Farrel, Director of Golf, Miami Beach Golf Club
Alternates:
. Robin Lubetkin, Sr. Manager, Field & Experiential Marketing, Coca-Cola North America
Sports, Entertainment & Community Marketing. Mike Boocks, Head Golf Professional, Miami Beach Golf Club
WHEREAS, however, after further review of the City's needs, the Administration is
recommending exploring other methodologies and approaches to accomplish this goal.
Therefore, the Committee never convened to consider or score the proposals received; and
WHEREAS, the Administration believes there are further licensing options worth
pursuing. Additionally, based on the feedback and discussions from professionals in licensing
and tourism industry, it is believed that starting an online store, prior to placing merchandise in
stores, may not be successful.
WHEREAS, after reviewing all the submissions and the Administration's
recommendation, the City Manager exercised his due diligence and recommends that the
Mayor and the City Commission rejects all proposals received pursuant to this lTN.
495
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendation of the City Manager to reject all proposals received, pursuant to lnvitation
To Negotiate No. 2014-130-ME for Online City Merchandise Store.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
Rafael Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014Uuly\Procurement\lTN-2014-130-ME Online City Merchandise - Resolution.doc
APPRO'EDASTO
FORM & LANGUAGE
T FORE)(ECUTION
3 0 0"t- r{,i\r
City Attomey Date
496
THIS PAGE INTENTIONALLY LEFT BLANK
497
U(JMMISsIUN I I EM sUMMAKY
Condensed Title:
A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Approving The Permanent Closure Of The 400
Block Of Espaffola Way Between Washinoton Avenue and Drexel Avenue.
Mobility Plan Which Gives Priority Recommendations (From Non-Vehicular to Vehicular and
Supporting Data (Surveys, Environmental Scan, etc.): The closure was requested and approved by the property owners
by more than two.thirds (2/3) vote. The traffic study showed that the proposed closure would not affect the Level of Service of the
adjacent corridors and intersections nor adversely impact properties abutting the street closure.
Item Summary/Recommendation :
lnMay 2012,attended an a Way merchants meeting with representatives of prope(y owners and business owners.
At the meeting, Espafrola Way merchants requested the extension of the street closure duration from 11:00 AM to 6:00 AM in order to
enhance the commercial viability of the corridor and improve pedestrian safety; thus, this one block of portion Espaffola Way would be
closed to traffic for nineteen hours each day. During this meeting, the City was informed that most deliveries occur from Drexel Avenue
and Washington Avenue because trucks cannot operate safely on Espaffola Way. Based on the input from the property owners and
merchants, the City committed to conducting a traffic study in order to evaluate the impact of the full (24 hours) closure of the 400 block
of Espaffola Way on the community and the adjacent roadway network.
As part of the traffic study, the consultant collected data on April 24, 2013. The data collected and the subsequent traffic modeling
demonstrated that the permanent closure of Espaffola Way from Drexel Avenue to Washington Avenue would not have any adverse
impacts on the traffic conditions of the adjacent corridors. ln May 2013, the City conducted a balloting process consistent with the
Miami-Dade County Traffic Flow Modiflcation(s)/Street Closure(s) Procedure. Over two-thirds (2/3) of the respondents voted in favor of
the street closure, thus meeting one of the required criteria for closure.
The vehicular closure of the 400 Block of Espafrola Way was discussed at the Neighborhood/Community Affairs Committee (NCAC) on
September 30, 2013 and at the October 16, 2013 Commission meeting. At the October 16, 2013 City Commission meeting, the
Commission passed a motion directing the Administration to move forward with the project. However, the Commission expressed
concerns with the deliveries that will be displaced by the closure of the road and the impact of these deliveries on the adjacent
roadways.
The City hosted a public hearing on June 3,2014 at the Miami Beach Police Athletic League. At the meeting, the City was able to collect
valuable information regarding the sentiment of the merchants concerning the proposed closure and their delivery schedules. This
information was analyzed by the traffic engineering consultant and subsequent recommendations were made regarding loading zones
and delivery operations. The traffic engineering consultant recommended the addition of loading zones along the West side of
Washington Avenue immediately south of Espafrola Way. Following a review of the traffic study, the proposed vehicular closure has
been approved by Miami-Dade County. The methods of closure evaluated as part of the study were automatically retractable bollards
and manually removable bollards. The retractable bollards options include a remote control activated alternative (Option A) and a
universal key activated alternative (Option B). Design and installation costs of each one of these options were estimated at $100,000. lt
is worth noting that Option A was preferred by the City's emergency response departments. The installation of Option A or Option B
would facilitate the access of emergency service vehicles to Espaflola Way; however, given that these syslems are more complex,
maintenance costs may be higher than other options. The other option reviewed as part of the study was the installation of manually
removable bollards (Option C). The advantage of the manually removable bollards is that the system would be less complex and require
less long-term maintenance. Since emergency response personnel would have to manually remove the bollards, this system may have
an adverse impact on the ability of emergency response vehicles to quickly access Espaffola Way during emergencies, thus not a
recommended alternative. The installation of these manual bollards is estimated to cost $60,000. Given the characteristics of Espafiola
Way, the consultant's design team recommends a bollard system that is sensitive to the corridor's architectural context.
RECOMMENDATION
Based on the current operations of corridor, the results of the traffic study, and the desire of the property owners and merchants to
permanently close Espaffola Way between Washington Avenue and Drexel Avenue, the Administration recommends that the Mayor and
City Commission approve the permanent closure of Espafrola Way between Washington Avenue and Drexel Avenue to vehicular traffic.
ln addition, the Administration recommends the installation of an automatic retractable bollard system (Option A) and is requesting the
necessary funding as part of the Fiscal Year 201412015 budget process. Pursuant to the Miami Dade County Traffic Flow Modification
Procedures, a resolution from Citv Commission the closure is to finalize the
Neighborhood/Community Affairs Committee supported the closure at the September 30, 2013 meeting. City Commission Passed a
motion directinq the Administration to move forward with the proiect at the October 16,2013
Fi nancial lnformation :
Source of
Funds:
Amount Account
1 s 100.000 FY 2014115 budoet reouest
2
3
Total
Financial lmpact Summary: $1OO,O0O. Funding is being requested through the FY2014l15 budget process
n-Offs:
Department Director Assistan!{ty Manager ^City Manager
JRG Jrc KGB -7,,{I)-----------#JLM/,r \
E/xor trwa 97? -MIAMIBHACH oArE 7 -d3-/r498
g MIAMIBTACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYO
MIAMI BEACH, FLORIDA,THE PERMANENT CLOSURE OF THE 4OO
BLOCK OF ESPANOLA WAY BETWEEN WASHINGTON AVENUE AND DREXEL
AVENUE
FUNDING
Should the City Commission authorize the vehicular closure of the 400 Block of Espahola Way,
a capital budget request will be included in the City's Fiscal Year 2014115 budget process.
BACKGROUND
Currently, the 400 Block of Espafrola Way (between Washington Avenue and Drexel Avenue) is
closed from 6:00 PM to 5:00 AM every day. This block functions as a pedestrian mall with
numerous sidewalk cafes, retail and restaurants. When open to traffic, the 400 Block operates
as a one-way street in the westbound direction only.
ln May 2012, City officials attended an Espafrola Way merchants meeting with representatives
of property owners and business owners. At the meeting, Espahola Way merchants requested
the extension of the street closure duration from 11:00 AM to 6:00 AM in order to enhance the
commercial viability of the corridor and improve pedestrian safety; thus, this one block of portion
Espafrola Way would be closed to traffic for 19 hours each day. During this meeting, the City
was informed that most deliveries occur from Drexel Avenue and Washington Avenue because
trucks cannot operate safely on Espafrola Way. Based on the input from the merchants, the
City committed to conducting a traffic study in order to evaluate the impact of the tull (24 hours)
closure of the 400 block of Espafrola Way on the community and the adjacent roadway network.
As part of the study, the City completed a balloting process consistent with the Miami-Dade
County Traffic Flow Modification(s/Street Closure(s) Procedure. ln May 2013, the City initiated
the balloting process. Ballots were mailed to 53 properties within the area bounded by 14th
Street on the south, 15th Street on the north, Washington Avenue on the east and Pennsylvania
Avenue on the west. Over two-thirds (2/3) of the respondents voted in favor of the street
closure, thus meeting one of the required criteria for closure.
This item was discussed at the Neighborhood/Community Affairs Committee (NCAC) on
September 30, 2013. A motion was made by the Committee recommending that the
Administration conduct some outreach to the affected business owners and that the
Commission item should be time-certain so that residents may be present to opine on the
TO:
FROM:
ctw coMMtsstoN oF THE ctw oF
499
Commission Memorandum - Permanent Closure of the 400 Block of Espafiola Way between Washington
Avenue and Drexel Avenue
July 23, 2014
Page 2 of 3
permanent closure of the 400 Block of Espafrola Way. At the October 16,2013 City Commission
meeting, the Commission passed a motion directing the Administration to move forward with the
project. However, the Commission expressed concerns with the deliveries that will be displaced
by the closure of the road and the impact of these deliveries on the adjacent roadways.
Once the traffic study was completed, the City hosted a public meeting on June 3, 2014 at the
Miami Beach Police Athletic League. At the meeting, the City was able to collect valuable
information regarding the sentiment of the merchants concerning the proposed closure and their
delivery schedules. This information was analyzed by the traffic consultant and subsequent
recommendations were made regarding loading zones and delivery operations.
ANALYSIS
As part of the traffic study, the consultant collected data on April 24, 2013. The data collected
showed that only 17 motorists accessed Espafrola Way during peak hours. Based on these
figures, the consultant constructed a traffic model to evaluate the impacts of the closure on the
existing and future traffic conditions. Following these two tasks, it was concluded that the
permanent closure of Espafrola Way between Washington Avenue and Drexel Avenue would
not have any adverse impacts on the Level of Service (LOS) of the adjacent corridors and
intersections. ln addition, the traffic consultant also studied the loading and unloading conditions
and schedules for the businesses along the proposed closure site and recommended the
addition of loading zones on the adjacent corridors to mitigate the loss along Espafrola Way.
The consultant proposed the installation of three (3) loading zones along the West side of
Washington Avenue immediately south of Espafrola Way. This option has been reviewed and
approved by the City of Miami Beach Parking Department.
Pursuant to the Miami-Dade County Traffic Flow Modification(s)/Street Closure(s) Procedure,
the City fonrvarded the study to the Miami-Dade County Public Works and Waste Management
Department's Traffic Engineering Division (County) for its review. After reviewing the study, the
County approved the permanent closure of the street, however, the County has advised that
once design plans are available for the closure, County review and approval will be required.
The methods of closure studied as part of the traffic study were automatically retractable
bollards and manually removable bollards. The retractable bollards options include a remote
control activated alternative (Option A) and a universal key activated alternative (Option B).
Design and installation costs of each one of these options were estimated at $100,000. lt is
worth noting that Option A was preferred by the City's Police and Fire Departments. The
installation of Option A or Option B would facilitate the access of emergency service vehicles to
Espaflola Way; however, given that these systems are more complex, maintenance costs may
be higher than a manual system. The other option reviewed as part of the study was the
installation of manually removable bollards (Option C). The advantage of the manually
removable bollards is that the system would be less complex and require less long-term
maintenance. The City has already installed this type of device at other locations; however,
since the system is removed by hand, it may be subject to vandalism. ln addition, since
emergency response personnel would have to manually remove the bollards, this system may
have an adverse impact on the ability of emergency response vehicles to quickly access
Espafrola Way during emergencies, thus not a recommended alternative. The installation of
these manual bollards is estimated to cost $60,000. Given the characteristics of Espafrola Way,
the consultant's design team recommends a bollard system that is sensitive to the corridor's
architectural context.
500
Commission Memorandum - Permanent Closurc of the 400 Block of Espafiola Way btween Washington
Avenue and Drexel Avenue
July 23,2011
Page 3 of 3
RECOMMENDATION
Based on the current operations of corridor, the results of the traffic study, and the desire of the
property owners and merchants to permanently close Espafiola Way between Washington
Avenue and Drexel Avenue, the Administration recommends that the Mayor and City
Commission approve the permanent closure of Espafrola Way between Washington Avenue
and Drexel Avenue to vehicular traffic. In addition, the Administration recommends the
installation of an automatic retractable bollard system (Option A) and is requesting the
,necessary funding as part of the Fiscal Year 201412015 budget process.
W,,ffiA"
T:\AGENDA\201 4Uuly\Espafrola Way Permanent Closure MEMO
501
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE PERMANENT CLOSURE TO
VEHICULAR TRAFFIC OF THE 4OO BLOCK OF ESPANOLA WAY, BETWEEN
WASHINGTON AVENUE AND DREXEL AVENUE.
WHEREAS, currently, the 400 Block of Espafrola Way (between Washington Avenue
and Drexel Avenue) is closed from 6:00 PM to 5:00 AM every day, and functions as a
pedestrian mall with numerous sidewalk cafes, retail businesses, and restaurants; and
WHEREAS, when open to vehicular traffic, the 400 block of Espafrola is a westbound
one-way street; and
WHEREAS, at a meeting with City officials in May 2012, merchants and property owners
requested the extension of the existing closure hours from t hours a day to 19 hours a day, to
improve pedestrian safety and enhance commercial viability; and
WHEREAS, based on the input from the merchants and property owners, the City
conducted a Road Closure Feasibility Study for Espanola Way between Washington Avenue
and Drexel Avenue (the "Road Closure Study") to evaluate the impact the proposed 24 hour
vehicular closure on the community and adjacent roadway network; and
WHEREAS, in May 2013, the City mailed ballots to property owners within a one-block
radius requesting their decision on the project, as described in the Miami-Dade County Traffic
Flow Modification(s)/Street Closure(s) Procedure; and
WHEREAS, eleven (11) of the fifteen (15) ballots received voted in favor of the closure
of Espafrola Way, between Washington Avenue and Drexel Avenue, thus exceeding the two-
thirds (2/3) concurrence required in the Miami-Dade County Traffic Flow Modification(s)/Street
Closure(s) Procedure; and
WHEREAS, on October 16, 2013, the City Commission passed a motion directing the
City Administration to move fonrvard with the study and the project; and
WHEREAS, once the traffic study was completed in draft form, the City hosted a public
meeting on June 3, 2014 to discuss the result of the Road Closure Study and obtain feedback
regarding deliveries; and
WHEREAS, the Final Road Closure Study demonstrated that the proposed closure of
Espafrola Way to vehicular traffic, between Washington Avenue and Drexel Avenue, would not
have any adverse impacts on the traffic conditions of the adjacent corridors and intersections;
and
WHEREAS, in accordance with the Miami Dade County Traffic Flow
Modification(s)/Street Closure(s) Procedure, the Road Closure Study was reviewed and
approved by Miami Dade County on June 20,2014; and
WHEREAS, the Miami-Dade County Public Works Traffic Engineering Division also
approved the relocation of the three (3) loading zones on Espafrola Way between Washington
Avenue and Drexel to the West side of Washington Avenue south of Espafrola Way; and
502
WHEREAS, the two methods of closure evaluated in the Road Closure Study were
automatically retractable bollards, with an implementation cost of $100,000, and manually
removable bollards, with an implementation cost of $60,000; and
WHEREAS, based on advantages identified in the Road Closure Study, the
Administration recommends the implementation of automatically retractable bollards as the
method of closure of the 400 Block of Espafrola Way.
WHEREAS, the approval of the closure of the 400 Block of Espanola pursuant to this
Resolution does not approve the implementation costs for the closure, which costs will be
considered pursuant to a Capital Budget Request for $100,000 and which will be submitted by
the City Administration for consideration in the budget process for Fiscal Year 201412015.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve and authorize the permanent closure to vehicular traffic of the 400 Block of Espafrola
Way, between Washington Avenue and DrexelAvenue.
PASSED and ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
day of ,2014.
Philip Levine, Mayor
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION,t00t:-
City Attorn"y t(
T:\AGENDA\201 4\July\Espaffola Way Permanent Closure RESO.docx
503
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The Neighborhood/CommunityAffairs Committee Directing TheAdministration To Conduct
The Potential Use Of Water Taxi Services For
COMMISSION ITEM SUMMARY
Key lntended Outcome Supported: Commission a Comprehensive Mobility Plan Which Gives Priority
Recommendations (From Non-Vehicular To Vehicular And lncludino Parkino).
Advisory Board Recommendation:
Citv Clerk's Office Legislatrve Tracktng:
I Jose R. Gonzalez, ext. 6768
AGE},IDA ITE}i E7 V
Supporting Data (Surveys, Environmental Scan, etc.): According to the Florida Department of Transportation
(FDOT), the Level Of Service (LOS) on the McArthur Causeway and Julia Tuttle Causeway during peak hours is
LOS F (Failing) and D, respectively. The existing public transportation system connecting Miami Beach to the
mainland is limited to using these congested highways. As recently indicated in the 2014 City of Miami Beach
Community Satisfaction Final Report,28% of the City of Miami Beach residents would be willing to use alternative
forms of to access the mainland.
ltem Summarv/Recommendation :
At the December 11,2013 City Commission meeting, the Commission accepted a recommendation by the
Neighborhood/Community Affairs Committee (NCAC) directing the Administration to further explore water taxi
service as an alternative form of transportation and gather more details regarding the service, such as possible
pick-up and drop-off locations, times, etc., and to bring the item back to the NCAC for further discussion and
refinement of the concept.
At the April 30, 2014 meeting of the NCAC, City staff provided feedback regarding potential locations for water taxi
terminals and recommended conducting public meetings in order to educate the communityand obtain their input
regarding potential water taxi dock locations. The NCAC recommended that prior to conducting any public
meetings, staff conduct a survey of City employees to determine if water taxi service would provide a suitable
alternative to commute to work.
This item is being presented to City Commission foracceptance of the recommendation of the NCAC directing the
Administration to conduct a survey and gather data to assess the need for water taxi service as an alternative
mode of public transportation in the City, and to bring the item back to the NCAC to reportthe results of the survey
and provide additional recommendations.
Additionally, the Administration will reach out to the Home Owners Associations (HOAs) surrounding the locations
that could potentially be used as terminals/stops for water taxi services, in an effort to obtain some feedback on
the integration of the proposed dock locations in the residential areas.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Financial lnformation:
T:\AGENDA\201 4Uuly\Water Taxi - Acceptance of
& MIAMIBTACH gl:{E -?'23-/f504
g MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
July 23,2014
A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFA!RS COMMITTEE DIRECTING THE
ADMINISTRATION TO CONDUCT A SURVEY OF CITY EMPLOYEES REGARDING
THE POTENTIAL USE OF WATER TA)( SERVICES FOR COMMUTING
PURPOSES
BACKGROUND
A water taxi is a watercraft used to provide public transportation, usually, but not always in an
urban environment. Service may be scheduled with multiple stops, operating in a similar manner
to a bus, or on-demand to multiple locations, operating in a similar manner to a taxi. Aside from
being a memorable experience to tourists, water taxi service also has the ability to provide an
alternative mode of transportation for residents who commute daily to and from Downtown
Miami/Brickell area, and to connect various destinations in the City of Miami Beach and on the
Mainland.
The potential for waterborne transportation is expected to be further studied in the City's
Transportation Master Plan, which will review the City's transportation network, analyze existing
conditions and make recommendations for projected future conditions. Additionally, the City's
2025 Comprehensive Plan already includes a multi-modal transportation system as a stated
goal.
The City's Marine Authority Board discussed water taxi service and passed a Resolution in
January 2012 recommending that the City implement water transportation services within the
City and connecting to the City of Miami. The recommendation included development of a pier
or dock at the Lincoln Road street-end with potential for additional sites at Sth Street, 10th
Street, 14th Street, and the Purdy Boat Ramp.
At the December 11, 2013 City Commission meeting, the Commission accepted the
recommendation of the Neighborhood/Community Affairs Committee (NCAC) directing the
Administration to further explore water taxi service as an alternative form of transportation and
gather more details regarding the service, such as possible pick-up and drop-off locations,
times, etc., and to bring the item back to the NCAC for further discussion and refinement of the
concept.
TO:
FROM:
DATE:
SUBJECT:
505
Commission Memo - Water Taxi- Acceptance of Recommendations by NCAC
July 23, 2014
Page 2 of 2
At the April 30, 2014 meeting of the NCAC, City staff provided feedback regarding the locations
proffered by the Marine Authority Board and recommended conducting public meetings in order
to educate the community and obtain their input regarding potential water taxi dock locations.
The NCAC recommended that prior to conducting any public meetings, staff conduct a survey of
City employees to determine if water taxi service would provide a suitable alternative to
commute to work. The Committee passed a motion directing the Administration to conduct a
survey and gather data in order to properly evaluate the need for water taxi service as an
alternative mode of public transportation in the City.
Additionally, the Administration will reach out to the Home Owners Associations (HOAs)
surrounding the locations that could potentially be used as terminals/stops for water taxi
services, in an effort to obtain some feedback on the integration of the proposed dock locations
in the residential areas.
CONCLUSION
This item is being presented to City Commission for acceptance of the recommendation of the
NCAC directing the Administration to conduct a survey and gather data to assess the need for
water taxi service as an alternative mode of public transportation in the City, and to bring the
item back to the NCAC to report the results of the survey and provide additional
recommendations.
n
W g,Pu
KGB/JRGTIFG
T:\AGENDA\2014Uuly\ Water Taxi - Acceptance of Recommendations by NCAC MEMO
506
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS APRIL 30,
2014 MEETING AND DIRECTING THE CITY ADMINISTRATION TO
CONDUCT A SURVEY OF CITY EMPLOYEES REGARDING THE POTENTIAL
USE OF WATER TA)(l SERVIGES FOR COMMUTING PURPOSES.
WHEREAS, a water taxi is a watercraft used to provide public transportation and that
can potentially provide an alternative mode of transportation for residents of Miami Beach; and
WHEREAS, at the December 11,2013 City Commission meeting, the Commission
accepted the recommendation of the Neighborhood/Community Affairs Committee (NCAC) to
direct the Administration to further explore water taxi service as an alternative form of
transportation and gather more details regarding the service, such as possible pick-up and drop-
off locations and times; and
WHEREAS, at the April 30, 2014 meeting of the NCAC, City staff provided feedback
regarding potential locations for water taxi terminals and recommended conducting public
meetings in order to educate the community and obtain citizen input regarding potential water
taxi dock locations; and
WHEREAS, at said meeting, the NCAC recommended that prior to conducting any
public meetings, staff conduct a survey of City employees to determine if water taxi service
would provide a suitable alternative to commute to work and to bring the results of such survey
back to the NCAC with additional recommendations.
NOW, THEREFORE, BE !T RESOLVED BY THE MAYOR AND GITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the
recommendation of the NCAC at its April 30, 2014 meeting and hereby direct the City
Administration to conduct a survey of City employees regarding the potential use of water taxi
services for commuting purposes and to report the results of the survey and provide additional
recommendations to the NCAC.
PASSED AND ADOPTED this 23'd day of Juty, 2014.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
PHILIP LEVINE,
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
TIAGENDA\20I4UuIy\ Water Taxi - Acceptance of Recommendation by NCAC RESO.doc W\-*v CityAttorney
{
Dote
507
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF
PROPOSALS, PURSUANT TO REQUEST FOR QUALTFTCATTONS NO. 2014-116-SR (THE RFO), FOR
TRAFFIC ENGINEERING CONSULTING SERVICES.
AGEI,IDA fiEN C7 N)
Commission A Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-Vehicular
To Vehicular And I
Su Data Environmental Scan, etc: N/A
Item Summary/Recommendation :
On February 12,2014, the City Commission approved to issue the subject Request for Qualifications (RFO).
On March 4,2014, the RFQ was issued with an opening date of April 3,2014. A pre-proposal conference to
provide information to the proposers submitting a response was held on March 13,2014. The City received a
total of eight (8) proposals.
On June 17 ,2014, the Ci$ Manager via Letter to Commission (LTC) No. 204-2014, appointed an Evaluation
Committee (the "Committee"). The Committee convened on June 25,2014 to consider proposals received
The Committee was provided an overview of the project, information relative to the City's Cone of Silence
Ordinance and the Government Sunshine Law. The Committee also provided general information on the
scope of services, references, and a copy of each proposal.
The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria
established in the RFQ. The results of the evaluation committee process were presented to the City Manager
for his recommendation to the City Commission.
RECOMMENDATION
After reviewing the submissions and the Evaluation Committee's rankings of proposals received, the City
Manager recommends that the Mayor and the City Commission, pursuant to Request for Qualifications
(RFO) No. 2014-1 16-SR, for Traffic Engineering Consulting Services, authorize the Administration to enter
into negotiations with the top-ranked proposer, Florida Transportation Engineering, lnc., as the primary
consultant, and the second-ranked proposer, Atkins North America, lnc., as the secondary consultant; and
further authorize the City Manager to execute an Agreement upon conclusion of successful negotiations by
the Administration.
ADOPT THE RESOLUTION.
Financial lnformation :
Source of
Funds:
Amount Account
I N/A For Fiscal Year 2013-2014, applicants are paying in advance for
the exact cost (quoted by approved vendors) of the study, and
the funds are received and deposited in Trust A/C # 601-7000-
229067
2 $120,000 For Fiscal Year 2014-2015, funds have been requested in the
2015 Budget submittal for the Planning Department. The
account code is 011-0520-000312. $120,000 is budgeted for
Traffic.
OBPI Total
Financial lmoact Summarv:
Alex Denis, Extension 6641
E MIAMIBEACH o^rE 74?-//508
g MIAMI BEACH
City of Miomi Beoch, l700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members otfne City Cofmission
FRoM: Jimmy L. Morales, City Manager
h b
DATE: July 23,2014 t
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE GIry
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR QUAL|FICATIONS NO. 2014-116-SR (THE RFQ), FOR TRAFFIG
ENGINEERING CONSULT!NG SERVICES.
ADM!NISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Commission A Comprehensive Mobility Plan Which Gives Priority Recommendations (From
Non-Vehicular To Vehicular And lncluding Parking)
FUNDING
For Fiscal Year 2013-2014, applicants are paying in advance for the exact cost (quoted by
approved vendors) of the study, and the funds are received and deposited in Trust A/C # 601-
7000-229067. There is no budgeted amount of FY13114, a quote is obtained for each study,
funds are received in advance from the applicant and once funds clear, a requisition is
entered for a Purchase Order to be issued.
For Fiscal Year 2014-2015, funds have been requested in the 2015 Budget submittal for the
Planning Department. The account code is 011-0520-000312. $120,000 is budgeted for
Traffic.
BACKGROUND
As a service to the residents of the City, the Planning Department provides peer review
services for traffic engineering consulting services. Through this Request for Qualifications, the
City is seeking proposals and statements of qualifications from parties interested in providing
the City with Traffic Engineering Consulting Services as detailed in RFQ 2014-116-SR.
tt is the intent of the City to select primary and secondary consultants to perform the requested
services at fixed rates to be negotiated after an award recommendation has been approved by
the Commission. However, the City reserves the right to select additional providers if it is
deemed to be in the best interest of the City. ln no way do the contracts resulting from this
Solicitation serve as a guarantee of future work.
Contracts shall be executed with a Primary Contractor and a Secondary Contractor. The User
Department shall issue a work order request to the Primary Contractor. The Primary
Contractor shall respond within twenty-four (24) hours or one (1) business day to requests
issued by the City as part of this contract to indicate availability to proceed with the
assignment, including providing a scope of work. lf the Primary Contractor fails to perform the
509
Commission Memorandum - RFQ #2014-116-SR Traffic Engineering Consulting Services
July 23,2014
Page2
work for any reason, the City may have the option of a Secondary Contractor to perform the
work. Neither Contractor may decline services more than three (3) times. Repercussions for
denial of work may include up to contract termination at the City's sole discretion.
RFP PROCESS
On February 12, 2014, the City Commission approved to issue the subject Request for
Qualifications (RFQ). On March 4, 2014, the RFQ was issued with an opening date of April 3,
2014. A pre-proposal conference to provide information to the proposers submitting a
response was held on March 13,2014.
The City received proposals from the following firms:o Florida Transportation Engineering, lnc.o Atkins North America, lnc.. The Corradino Group, !nc.. Marlin Engineeringo A&P Consulting Transportation Engineers, Corp.o McMahon Transportation Engineers & Planners. CH Perez & Associates Consulting Engineers, lnc.o Miller Legg
On June 17, 2014, the City Manager via Letter to Commission (LTC) No. 204-2014, appointed
an Evaluation Committee (the "Committee") consisting of the following individuals:
o Xavier Falconi, Traffic Planner, Transportation Department, City of Miami Beach. Saul Frances, Director, Parking Department, City of Miami Beacho Josiel Ferrer Diaz, Transportation Coordinator, Transportation Department, City of
Miami Beach. Michael Belush, Principal Planner, Planning Department, City of Miami Beacho Scott Diffenderfer, Resident and member of the City's Transportation and Parking
Committee ('TPC")
The following individuals were appointed as alternates:. Jose Gonzalez, Director, Transportation Department, City of Miami Beach. Carmen Sanchez, Deputy Director, Planning Department, City of Miami Beach. Seth Wasserman, Resident and member of the City's Transportation and Parking
Committee ('TPC")
The Committee convened on June 25, 2014 to consider proposals receivedoThe Committee
was provided an overview of the project, information relative to the City's Cone of Silence
Ordinance and the Government Sunshine Law. The Committee also provided general
information on the scope of services, references, and a copy of each proposal. The
Committee was instructed to score and rank each proposal pursuant to the evaluation crlteria
established in the RFQ.
510
Commission Memorandum - RFQ #2014-116-5R Traffic Engineering Consulting Services
July 23,2014
Page 3
The evaluation process resulted in the following ranking of proposers:
MANAGER'S DUE DILIGENGE & RECOMMENDATION
After reviewing the submissions and the Evaluation Committee's rankings of proposals
received, the City Manager recommends that the Mayor and the City Commission, pursuant to
Request for Qualifications (RFO) No. 2014-116-SR, for Traffic Engineering Consulting
Services, authorize the Administration to enter into negotiations with the top-ranked proposer,
Florida Transportation Engineering, lnc., as the primary consultant, and the second-ranked
proposer, Atkins North America, lnc., as the secondary consultant; and further authorize the
City Manager to execute an Agreement upon conclusion of successful negotiations by the
Administration.
CONCLUSION
The Administration recommends that the Mayor and the City Commission, pursuant to
Request for Qualifications (RFO) No. 2014-116-SR, for Traffic Engineering Consulting
Services, authorize the Administration to enter into negotiations with the top-ranked proposer,
Florida Transportation Engineering, lnc., as the primary consultant, and the second-ranked
proposer, Atkins North America, lnc., as the secondary consultant; and further authorize the
City Manager to execute Agreements upon conclusion of successful negotiations by the
Administration.
ILM tffr ,m trM tJG / AD / YG
T:\AGENDA\2014Uuly\Procurement\RFQ-2014-1 16-5R Traffic Engineering Consulting Services - Memo.doc
Xavier
Fahon Ranhm Ranlim
Scott
Dffenderler Rankino
Seth
Wasserrnn Rankino
Mchael
Behsh Ranhnq
LOY{ AGGREGATE
TOTALS RAilK
:hdda Transprtation
:ngineerirg, lm.100 1 98 90 2 100 1 85 2 I I
tfiim t',lorfi tumrica, lnc
98 I 94 2 95 1 95 2 90 I 2
h Conadno Group, lnc.
96 J 90 3 90 2 90 2 80 3 14 3
hrlnEryneeing
79 4 80 4 50 6 85 I t5 4 22 I
[P Comultirg Tramprlation
irpneem, Corp.70 a tb 5 60 4 80 T 70 5 27 5
ilcMahonTramprtation
irgineem & Phnners 78 (
68 60 4 75 0 65 0 28 6
)H Perez& Asodates
)onsultir4 En$neers, lnc,11 6 72 b 50 0 65 60 I $I
filler Legg
71 7 61 8 40 8 70 I 55 8 38 E
511
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014-116-SR (THE
RFQ), FOR TRAFFTC ENGTNEERTNG CONSULTTNG SERVTCES;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH THE TOP RANKED PROPOSER, FLORIDA TRANSPORTATION
ENGINEERING, INC, AS THE PRIMARY CONSULTANT AND THE SECOND.
HIGHEST RANKED PROPOSER, ATKINS NORTH AMERICA, INC, AS THE
SEGONDARY CONSULTANT; AND FURTHER AUTHORIZING THE GITY
MANAGER TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, Request for Qualifications (RFO) No. 2014-116-SR was issued on March 4,
2014, with an opening date of April 3, 2014; and
WHEREAS, a pre-proposal conference was held on March 13,2014; and
WHEREAS, the City received eight (8) proposals; and
WHEREAS, on June 17, 2014, the City Manager via Letter to Commission (LTC) No.
204-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
. Xavier Falconi, Traffic Planner, Transportation Department, City of Miami Beach. Saul Frances, Director, Parking Department, City of Miami Beach. Josiel Ferrer Diaz, Transportation Coordinator, Transportation Department, City
of Miami Beach. Michael Belush, Principal Planner, Planning Department, City of Miami Beacho Scott Diffenderfer, Resident and member of the City's Transportation and
Parking Committee ("TPC")
The following individuals were appointed as alternates:
. Jose Gonzalez, Director, Transportation Department, City of Miami Beach. Carmen Sanchez, Deputy Director, Planning Department, City of Miami Beach. Seth Wasserman, Resident and member of the City's Transportation and Parking
Committee ("TPC")
WHEREAS, the Committee convened on June 25, 2014 to consider proposals received;
and
WHEREAS, the Committee was provided an overview of the project, information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of each proposal; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
512
the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking was as follows: Florida Transportation
Engineering, lnc., top ranked; Atkins North America, lnc., second highest ranked; The Corradino
Group, lnc., third highest ranked; Marlin Engineering, fourth highest ranked; A&P Consulting
Transportation Engineers, Corp., fifth highest ranked; McMahon Transportation Engineers &
Planners; sixth highest ranked; CH Perez & Associates Consulting Engineers, lnc., seventh
highest ranked; Miller Legg, eight highest ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's and
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with the top-ranked firm, Florida
Transportation Engineering, lnc., who shall serve as the primary consultant per the RFQ and
the second-ranked firm, Atkins North America, lnc., who shall serve as the secondary consultant
per the RFQ; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Qualifications No. 2014-116-SR (the RFQ), for Traffic
Engineering Consulting Services; authorize the Administration to enter into negotiations with
Florida Transportation Engineering, lnc, as the primary consultant per the RFQ and the second-
highest ranked proposer, Atkins North America, lnc, as the secondary consultant per the RFQ;
and further authorize the City Manager to execute an Agreement upon conclusion of successful
negotiations by the Administration.
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
day of 2014.
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTION
Date
513
UOMMISSION I I EM SUMMARY
Condensed Title:
A Resolution Of The Mayor And Gity Commission Of The City Of Miami Beach, Florida, Authorizing The
Gity Manager To Utilize The State Of Florida Department Of Transportation (FDOT) Contract No. C-9D06
For Traffic Engineering Support Services Gonsultant, With Advanced Transportation Engineering
Consultant, lnc., And Waiving, By 5/7th Vote, The City's Formal Competitive Bidding Requirements,
Such Waiver To Be !n The Best lnterest Of The Citv.
Maximize Efficient Deliverv of Services. Maximize Miami Beach as a World Class Destination.
Data: N/A
Item Summarv/Recommendation:
The 2012 City of Miami Beach Community Satisfaction Survey identified traffic congestion and degraded traffic
flow as the number one problem in Miami Beach resident's minds. Daily traffic volumes and limited network
capacity has caused traffic conditions negatively impact transportation routes and times across the City,
especially during major events. However, 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 it is critically important for traffic signals to function efficiently and maximize the movement of vehicles
across the City.
To mitigate traffic conditions during "high-impact periods", in November 2013, the City Commission approved a
pilot project to engage a firm to provide traffic monitoring and management services during the 2013 Art Basel
event period. Based on the positive results obtained in the pilot project, on March 5,2014, City Commission
approved additional traffic monitoring and management services from FDOT's traffic engineering consultant for
five (5) events (2014 Miami lnternational Boat Show, Winter Party Week, Winter Music Conference, Ultra Music
Festival, and MemorialWeekend). The traffic monitoring and management project has proven to be an effective
tool in active arterial traffic management during special events.
As a result of the success of the traffic monitoring and management project efforts to date, the Administration
would like to consider engaging a continuation of traffic monitoring and management services for future events,
including (but not limited to) the 2014 Att Basel event period. To do so, the Administration recommends engaging
the services of Advanced Transportation Engineering Consultant (ATEC). ATEC has been selected as the top-
ranked firm and has been awarded the competitively solicited contract C-9D06, effective through October 2018,
by the State of Florida Department of Transportation (FDOT) for traffic engineering support services consultant
services to implement a Traffic Monitoring and Management Program (TMMP).
The FDOT contract allows the City to deploy the TMMP services expeditiously at cost-effective pricing through a
competitively solicited contract with a service volume much greater than the City's requirements. Due to FDOT's
volume and competitive process, it is not in the City's best interest to delay the process of implementing the
necessary services by issuing its own competitive solicitation. Therefore, it is recommended that the Mayor and
City Commission of the City of Miami Beach, Florida, approve a resolution authorizing the City Manager to utilize
the State of Florida Department of Transportation (FDOT) Contract No. C-9D06 for Traffic Engineering Support
Services Consultant with Advanced Transportation Engineering Consultant, lnc., and waiving, by 5t7th vote, the
City's formal competitive bidding requirements, finding such waiver to be in the best interest of the City.
RECOMMENDATION
The Resolution.
Financial Information :
Source of
Funds:z@j
Amount Account
1
2
otsPr Total
Financial lmpact Summary: A request for funding for the 201412015 Fiscal Year has been submitted in the
amount of $200,000.00 for the related services. All expenditures pursuant to this request are subject to approval
and aoorooriation of the funds bv the Citv Commission.
Citv Clerk's Office
Alex Denis. Extension 6641
4\July\Procurement\Waiver of Bid - FDOT
AGE},IDA ITEItiE MIAMIBTACH BATE
c7x
514
July 23, 2014 City Commission Meeting
Waiver of Bid - FDOT Contract for Traffic Engineering Support Servicesg MIAMIBEACH
Gity of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Me of the Cit Commission
FROM: Jimmy L. Morales City Manager
DATE: July 23, 2014
SUBIECT: A RESOLUTTON OF THE MAYoR AND CITY COMMISSTON OF THE GITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO UTILIZE
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
CONTRAGT NO. C.9DO6 FOR TRAFFIC ENGINEERING SUPPORT SERVICES
CONSULTANT, WITH ADVANCED TRANSPORTATION ENGINEERING
CONSULTANT, INC., AND WAIVING, BY 5I7TH VOTE, THE CITY'S FORMAL
COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY.
ADM I NISTRATION RECOM M E NDATION
Approve the recommendation.
FUNDING
A request for funding for the 201412015 Fiscal Year has been submitted in the amount
of $200,000.00 for the related services. All expenditures pursuant to this request are
subject to approval and appropriation of the funds by the City Commission.
KEY INTENDED OUTCOME
Maximize Efficient Delivery of Services. Maximize Miami Beach as a World Class
Destination.
BACKGROUND
The City of Miami Beach is a main center 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 City's already busy roadway
network. The increase in traffic volumes severely burdens traffic signals, negatively
impacting transportation across the City, as well as resident and visitor experiences.
The adverse traffic conditions are further exacerbated by roadway closures resulting
from several roadway construction projects across the City.
515
July 23, 2014 City Commission Meeting
Waiver of Bid - FDOT Contract for Traffic Engineering Support Seruices
The 2012 City of Miami Beach Community Satisfaction Survey identified traffic
congestion and degraded traffic flow as the number one problem in Miami Beach
resident's minds. Daily traffic volumes and limited network capacity has caused traffic
conditions to degrade and Level of Service (LOS) conditions to fail along principal
arterials. 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, air quality, and safety of pedestrians
and drivers. 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.
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 it is critically important for traffic signals to function
efficiently and maximize the movement of vehicles across the City.
To mitigate traffic conditions during "high-impact periods", in November 2013, the City
Commission approved a pilot project to engage a firm to provide traffic monitoring and
management services during the 2013 Art Basel event period. The project consisted of
the installation of BluetoothArui-Fi Travel Time Detectors and Pan-Tilt-Zoom (PTZ)
cameras to measure travel times and observe traffic congestion as well as smart
Variable Message Signs (VMS) for travel time and parking information dissemination.
The traffic engineering consultant was responsible for collecting the appropriate data
and manually adjusting signal timing to correspond to the demand observed. The Pilot
Project yielded positive results in the reduction of travel times and increasing average
vehicular speed and through-put. Based on the positive results obtained in the pilot
project, on March 5,2014, City Commission approved additional traffic monitoring and
management services from FDOT's traffic engineering consultant for five (5) events
(2014 Miami lnternational Boat Show, Winter Party Week, Winter Music Conference,
Ultra Music Festival, and MemorialWeekend).
The traffic monitoring and management project has proven to be an effective tool in
active arterial traffic management during special events. Using the Miami lnternational
Auto Show as a baseline, travel times along the six (6) principal ingress and egress
routes were reduced between 7oh and 230%. Moreover, average speed along the
routes increased between 8% and 58% (Attachment A). One of the advantages of this
service is the ability to respond to incidents and/or sudden spikes in traffic demand on a
realtime basis. During Memorial Weekend, drivers heading north on Collins Avenue
encountered the closure of two (2) northbound lanes beginning on 41't Street due to a
FDOT construction project. The closure adversely affected travel times and created
excessive congestion in the northbound direction during the event peak hour,
particularly for left turns on Collins Avenue at 41't Street. The Traffic Monitoring and
Management team deployed a signal engineer to visit the site and modify signal timing
516
July 23, 2014 City Commission Meeting
Waiver of Bid - FDOT Contract for Traffic Engineering Support Services
along 41tt Street at Collins Avenue, lndian Creek Drive, and Pine Tree Drive. This
modification improved travel times by 72 seconds per vehicle which translated into an
increase in average speed from 14 mph to 27 mph (Attachment B).
As a result of the success of the traffic monitoring and management project efforts to
date, the Administration would like to consider engaging these services for future
events, including (but not limited to) the 2014 Art Basel event period.
To do So, the Administration recommends engaging the services of Advanced
Transportation Engineering Consultant (ATEC). ATEC has been selected as the top-
ranked firm and has been awarded the competitively solicited contract C-9D06, effective
through October 2018, by the State of Florida Department of Transportation (FDOT) for
traffic engineering support services consultant services to implement a Traffic
Monitoring and Management Program (TMMP).
The'TMMP contract will provide for the management of traffic demand by continuously
monitoring traffic conditions, evaluating performance, updating signal timing, providing
real-time information, and coordinating with the Miami Beach Police Department to
promote smooth traffic flow, improve LOS, and provide motorists with travel time and
parking information during special events and to reduce drivers over-burdening the
roadway network by searching for parking. The TMMP will establish a traffic
management and monitoring plan for seven (7) special events. The City envisions that
the experience in preparation acquired during the pilot project and the subsequent effort
will assist in the implementation of the TMMP.
One of the main objectives of the project is to promote the application of innovative
traffic management practices to improve resident quality-of-life, and visitor experience.
At a minimum, the consultant shall have the ability to provide video monitoring and
collect real time travel time and delay data to monitor the operational performance of the
network during special events. All the real time video images and data will be shared
with the City and its staff. The Consultant shall also have the ability to implement and
adjust signal timing plans and phasing plans along the event network. ln addition, the
TMMP services include signal timing support during special events, coordination with
jurisdictional and agencies for traffic signal modification during events, and providing
data collection and analysis of traffic conditions during events.
As part of the budget process, the Administration has proposed that $200,000 be
allocated yearly beginning in Fiscal Year 201412015 for the establishment of the TMMP.
CONCLUSION
The FDOT contract allows the City to deploy the TMMP services expeditiously at cost-
effective pricing through a competitively solicited contract with a service volume much
greater than the City's requirements. Due to FDOT's volume and competitive process, it
is not in the City's best interest to delay the process of implementing the necessary
services by issuing its own competitive solicitation. Therefore, it is recommended that
the Mayor and City Commission of the City of Miami Beach, Florida, approve a
resolution authorizing the City Manager to utilize the State of Florida Department of
517
July 23, 2014 City Commission Meeting
Waiver of Bid - FDOT Contract for Traffic Engineering Support Services
Transportation (FDOT) Contract No. C-9D06 for Traffic Engineering Support Services
Consultant with Advanced Transportation Engineering Consultant, !nc., and waiving, by
5/7h vote, the City's formal competitive bidding requirements, finding such waiver to be
in the best interest of the City.
RECOMMENDATION
APPROVETHE RESOLUTION.
,fitb
JLM / Kggt AD
T:\AGENDA\20'| 4UulylProcurement\Waiver of Bid - FDOT C-9D06 MEMO.docx
518
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE A CONTRAGT WITH ADVANCED TRANSPORTATION
ENGINEERING CONSULTANT, INC., FOR THE PURPOSE OF
IMPLEMENTING A TRAFFIC MONITORING AND MANAGEMENT PROGRAM,
FOR AN AMOUNT NOT TO EXCEED $200,000; AND WAIVING, BY 5l7TH
VOTE, THE GITY'S FORMAL COMPETITIVE BIDDING REQUIREMENTS;
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE GITY; AND
FURTHER AUTHORIZING THE MAYOR AND CIry CLERK TO EXECUTE THE
CONTRACT UPON SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
WHEREAS, the 2012 City of Miami Beach Community Satisfaction Survey identified
traffic congestion and degraded traffic flow as the number one problem in Miami Beach
resident's mind; and
WHEREAS, in order to mitigate traffic conditions during "high-impact periods", the City
initiated a pilot project to provide monitoring and management services during the 2013 Art
Basel event period; and
WHEREAS, based on the positive results obtained from the pilot project, on March 5,
2014, City Commission passed Resolution Number 2014-28512, approving additional traffic
monitoring and management services from Florida Department of Transportation's (FDOT)
traffic engineering consultant for five (5) events (2014 Miami lnternational Boat Show, Winter
Party Week, Winter Music Conference, Ultra Music Festival, and Memorial Weekend); and
WHEREAS, as a result of the success of the traffic monitoring and management pro1ect
efforts to date, the Administration would like to continue engaging traffic monitoring and
management services for future events, including, without limitation, the 2014 Art Basel event
period; and
WHEREAS, the Administration recommends engaging the services of Advanced
Transportation Engineering Consultant, lnc. (ATEC), to implement a Traffic Monitoring and
Management Program (TMMP); and
WHEREAS, ATEC has been previously selected as the top-ranked firm by FDOT,
through FDOT's procurement process, initiated on June 19,2013, and subsequently awarded
Contract No. C-9D06, effective through October 2018, for traffic engineering support services
consultant services; and
WHEREAS, the City, as a governmental agency, is eligible to utilize the competitively
solicited State of Florida Department of Transportation (FDOT) agreements which aggregate the
buying power of many governmental agencies across the United States; and
WHEREAS, the Administration recommends waiving, by a 5/7th vote, the City's formal
competitive bidding requirements, as being in the best interest of the City.
519
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND GITY COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA, that the Mayor and City Commission hereby
authorize the Administration to negotiate a contract with Advanced Transportation Engineering
Consultant, for the purpose of implementing a Traffic Monitoring and Management Program, for
an amount not to exceed $200,000; and waiving, by 5/7th vote, the City's formal competitive
bidding requirements, finding such waiver to be in the best interest of the City; and further
authorizing the Mayor and City Clerk to execute the Contract upon successful negotiations by
the Administration.
PASSED AND ADOPTED THIS DAY OF 2014.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
520
STAIE OF FLOfuD6 OEPARTTENT OF TRANSPORTATPN
STANDARD PROFESSIONAL SERVICES AGREEMENT
37'03G12
PROCUREMENT
occ - 074 3
PrO6l dacontracrNo. c€D06
FDOT Flnan'Cal lD No.(s) 42S286-2-32-01
FAP" No. T3D , ," _ a. -
fHlS AGREEMENT, made and entered ,""
betwesn the srArE oF FLoRIDA DEpARTMENT oF rRANsponrarr$Xiat*#"1l""fltffryggl YFbrftda, hereinf,er caled the
Departmont 9n( Advanced Transportation Englneerlng Consultants, lnc.
Appopriation Bilt Numbe(s}Line ltem Numbe(e) for
lsiyear of conhaol pursuar{,to s. 216.313, F.S. l.{/A
lreo*d br finlr*ts iI, erosss ol*i rnflmcr,
(F.E.l.O" No. F59381 1264 ) sf 1394() SW 136th Street, Suite 107, Mlaml, FL 39186
authorized to conduci businoss in th6 State of Florida. herelnafler called the Consultant, sgres as blhws:
The Cone{"dtantand the Dspartroer( mutually agree to abide by the Bepartrnenfs Standard Prsfesslonal Servless Agraomont
Term3, dgted Julv, 20{3 which are available as an appondix to lhisform in t}re Departrnenfs Professional Servlces
web slte orfrom the Department's Ofiice of Procurement. The S(andald Profasslonal Scllcas Agrccment Tarms, with the
excoplion of tho follori/lng norapplir:abla sections:
N/A
are lncorporated by refursnce end made a part sf this Agreement.
1. SERVICES AND PERFORIf,AilCE
A. ?tu Dapartmentdoec hereby retrain the Consultantto fumish certaln seMces as described in E*rlbl't'A", attachad hereto
ard made a part hereof, in connedion with
Traffic Erqglner{ng Support Serylces Coneultanl
2.
Unless ctranged by written agreement, the sita fur lnspedion of wo* referencod in Sec{ion 1.1 of lhe StEndard
Profasslonsl Sorvices TErma, wlll b€ 13940 SW 136h Street, Suita 107, Mlami, FL 33186
TERM
A. Unless ottrcrwiso provided hercln or by Supplemental Agraement or Amendment tfia prcUsions of this Agrearn€dt $rill
remain in full force and efiect through comple0on of dl services rcquired of the Consultant or a S year tBrm
from the date of executlon of ihls Agreement, whidrever occurs fird.
Checkapplicabb terms
n The sclreduled prcJect services to be rcndersd by the Conultant will commenca, submquent tou €xeq.*ion of this Agroarnsnt, on lhe date specified ln the written .notile to proceed from the ElepartnEnfs
which notice to gnceed rafll become partof this Agraament
The Consuttant wlll comptete acheduted project sgrvicas withiil months of the cornmencernont
date specified in the notice trc proceed or as rnodlfiod by subsequent Amerdment of Supplemental Agreenrent.
The proiect services to be rendemd by the Coneultant for each task asslgnment will commence,EI
tr
upon written nolice from th€ Departnent'g Project Menager , and will be completed
within lhe tme pericd sp€cifed in each task asslgirmert. A{ services performed underthis confactwlll b6
completed within 60 montrs ftorn he date of this Agreenrent The totel fee for gll acerimulEted task
assignments may not exceed $1,500,009.00 , ,, -"-. .
The scheduled project servlces to be rendered by the Consuttant will commence, subsequent to execution
of thls Agoernsnt on tho date specifisd in the wrlten nsthe to proc€od from lhe Oepartmont's
which notice to procsed rriill become ffi of this Agreement.
rvices within cabndardays follouing comphtion
of ths consbwtlon contac{s) vtith whieh consullant services are emaied- The anticipated length of the
consullantservlces is months.
521
373-0E0.rZ
FMCUN€I€NT
ocic-07113Pte 2 or2
INSURANCE
The amount of liabllily lnsurarc to be maintained by the Consuttant in accordance with Sec{lon 4.8 of the
Standatd Profisssional &rvlcet Agrccmrnt Tlrrns is $359'000.00
SUBCOilTRACTS
The follodurg suboonsullants are authorked under this Agraarnent ln accordancs with Secdon 7.A. of the
Standard Professlonal Scwiccs Agruomant Termt:
AECOM Technlcal SeM6es, lnc. (F952661922) Pinnacb Consulting Enterprises, hc. (F1420O5307)
CSA Central, lnc. (F31144O286) TRACE Consuttants, lnc. (F455418595)
HBC Englneering Corqrany (F223936061) TSM lntamational, lna {F2717430761
KImlBy-Hom & Assodates, lrc. (F56088561S) Media Hsfsthns Group, LLC (F200118620)
6.
Metric Engineering, lnc" (FSS1 685550)Transpa&fon Tectrnology Sokrtionr (F461 56S953)
qOmPEilSATlOtll
The Department agrees to pay the Consr.rltant componsa$on as detrailed in Exhhit 'B', attached herelo and nrade a part hareof.
TSEqELLANEOUS
A. R*rence in this Agreement to Oirector will mean the Dlstrlct Dirsctcr of Taasmtta(* Ooel?llons
c.
The servbes prorEed herein frl do E do not invofue the expenditurs of federal funds. ln the ever(federal funds
are lnrctved, Section I o{ the Standard Prsferdonal Servlcsr Agrcament Trrmc is incorpor&d by refensnce.
The followirq atlachments are hereby incorporated into his Agraement as p6rt hersof as thor4h fully set forlh herein.
Page A-1 through PaSe&l_: Exhibit'A", Soope of Servbes
Page B-1 throughPageB-7 ;ExhibitB',MedrodofCompensation
lN VflTNESS I/|/HEREOF, fie parties have Executed lhls Agr€Brnont by their duly auttrorlzed officera on the day, month
and yearset forth sbove.
STATE OF FLORIDA
DEPARTUENT OF TRAI{S.POETATIOIII,,,W'J**; -
Elin R.. Esllno
(PrinUTypei I
riue: ?rr g'tdtnT
(PrintIlvpe)
Ti0e: tXE0id0lr#btofTpnsportalion Orera*ins
FOR DEPARTMENT USE ONLY
LEGAL REVIEW:
522
EXHIBIT 3-4"
SCOPE
OF
SERVICES
523
B.
EXHIBTT A
SCOPE OT'SERYI€ES
TRAtr'FIC ENGINEERING ST}PPORT SERVICES CONSULTAIIT
FPID: 42Y28G2-32-AI
OIL'ECTTVE
The Department desires to obtain assistance froru the Consultant for the performance of
miscellaneous Maintenaace of Traffic support senrices including, but not limited to (1)
providing real time taffic monitoring and trafEc data collection within active work zones
(2) impleurentation of smart technologies and concopts witldn work zones (3) signal timing
support rvithin work zones (4) rwiewing Maiateuance of Traffic Plans and determiniug the
need of the detailed analysis of Mainte,rrance ofTraffic impacts (5) analysis of maintenance
of traffic alternatives (6) TraffEc sirnulation and modeling of Maintenanee of Traffic
altei:ratives (7) Coordination with haffic signal maintaining agencies, FDOT offices, and
other public agemcies (8) providiug the data collection and analysis of kaffic prior io the
beginaing of project coostruction (9) Miscellaaaous activities to support the District traffic
operations office such as traffic operations studies, coordination with municipalities and
other agencies.
SERYICES
The Consultant shall provide anyone or more of the following engineering services or
elenoents coatained therein, as required by the Deparlrnent:
. Traffic simulation - Develop a traffic simulation model of the higlrway system affected
by the maintenaoce of traffic setup. The objective of thE traffic simulatior is to
evaluate traffic operations during construstion and to zrssess the traffic operational
impacts. The consultant shall have the ability to use the most appropriate and up to date
traffic simulation tool including, but not limited to Synchro, VISSIM, CORSIM.
r Real time kaffic monitoriug and tafEc data eollection within active work zoncs -
coliect real iime trayel tirne and delay daia and monitor significani chenges in travel
time along active work zones" Consultant shall have thc ability to pmvide temporary
video monitoring and collect real time kavel time and delay data to monitor the
operational perfonnance of the work zone. Consultant shall bave the ability to share
real time video images with the contuactor and FDOT.
r Develop aad implmsrt traffic sigral timing and phasing plans aloog the work zone.
The Consuitant sh6ll coordinate with the traffic signal maiutain;ng agencies to develop
and implerneut signal timing and phasing plans.
Staga lll A-1
524
Identify strategies that could be used to mitigate irntrracts of &e work zone on the
operation and manageme,nt of the tansportation systenc within the work zone impact
area These skategies can be used to minimize traffic delap, impmvc mobility,
rraintain or improve motorist and worker, safety, complete road work in' a timely
manncr, and maintain aceess for businessss and resiilents. Coordinate the
implemetrtation of these strategies with the distict conskuctiou office and/or trafifie
si$al maintaining agencies.
All necessary engineering required for reviewing Maintemance of Traffic Plans,
roadway constuction projects, PD&E studies to identifu impacts on kaffic and
dete,r:nine the need of kafEc operational components in ths Transportation
Management Plans. The Consultant shall make reference to Chapter l0 of the Florida
Departnrent of Transportation Plans Pre,paration Manual.
Coordinate with the necessary FDOT ofEce to obtain all available roadway plans,
bridge plans, right-of-way maps and other available inforrration pertinent to the project,
Coordinate with the signal maintaining agcncy to obtain the necessary signal timing
and phasing informatioa.
Represent the district traffic operations office in multi-discipline transportation
mauagsment plan teaurs that may be formed to haadlc the planning coordination,
impleurentation, monitoring and evaluation details of taasportation management plan
elements.
C. DEPARTMENTRESTONSIBILITIES
The Florida Deparhnent of Transportation will furnish any or all or the following items, as
appropriate, for performance of the required services:
l. All previously completed studiEs ot dsta sollestion (if anyi.
2. Aerial photography
3. Right-of-way mqps ancl legal descriptions which are not part of the Consultants work
etrort, whenrequired.
4. Conce,ptual drawings, roadnay constructiou pians, PD&E studies, traffic studies (if
aoy)'
5. The DEPARTMENT will arrange for use of the DEPARTMENT's mainframe system,
subject to nonnal security procdures.
Stage lll A-2
525
D. CONSULTANTRESPONSIBILITIES
1" The CONSULTAI.IT shall provide a Project Manager (CPM) who is accetrrtable to the
Departmeirt and who will be the primary point of cqntact for the CONSULTANT for
scope, schedule, manpower coordinatioa, negotiation of staff-hours, and completiol of
all tffork Orders.The Project Marager (CPM) shall meet with the DEPARTMENT
hoject Manager on a regular basis and shall provide monthly progr€ss reports by Task
Work Order. These progress rqrorts shall bE the basis for evaluation and processing of
invoices forpaymcnt.
2. The COI\iSULTANT shall provide sufflcient stafi, either the specific staff person
requested or acceptabie staff at defined lwels of expertise as agreed to by the
DEPARTMENT's Project Manager, in a timely manner to completc all assigned work
within the Task Work Order schedule. I{ at any time, the DEPARTMENT's Project
Manager detamines that ths nirmber or expertise of partioular staff assigned to a
spccific task is inadequatg the Project Manager shali coordinale with the
CONSULTANT Project Manager to reuredy the situation so as to flrsure the timely
corrpletion of the wotk.
3. While it is expected that the CONSULTANT shall seek and receive advice fum
various statq region*l, and local ageireics, the final directiotr on all matters of this
p,roject remain with the DEPARTMENT ProjectManager.
4. Copies of all uritten oorrespondence between the CONSULTANT and any party
pertaiuing speciflcally to this confi:act shall be provided to tho DEPARTMENT for their
records within one (1) woek ofthe receipt ormailing of said co:respondence.
5- Thc CONSTILTANT shall have a Registered Professional Engineer in the State of
Florida sign and seal all reports, docume,nts, and plans as requAed by DEPARTMENT
staadards.
6. The CONSULTANT shall have as paxt of the staffat least one IMSA c€rtified taffic
signal technician lwel II as required by DEPARTMENT.
7. Thc CONSULTANT shall have at least one siaff member who holds an advanced
mainternaoce oftraffic certification as required by DEPARTMENT.
F. QUALITTASSUR,AIICE/QUALTTy COFTTROL
It is the inte,ntion of the DEPARTMENT that CONSULTANTS are held responsible for
&eir work The CONSULTANT shall be responsible for the professional quality, technical
accuftrcy and coordination of all suweys, designs, drawinp, specifications aad other
services fumished by the CONSULTANT undff &is contract.
The CONSULTANT shall provide a Quatity AssurancdConbol Plan that desctibes the
proeedures to be utilized to verif, independontly check, and review dl tasks and seryices
performod as a parl of the conhact. The CONSULTANT shall dessribe how the checking
and review proccsses are to be documented to verify that the required procedures were
followed.
Stage lll
526
The names of the CONSULTANT's staff that will perform the quality control reviews shall
be included in the AwW Control Plan. The Suality Cantrol reviewer shall be a Florida
Registered Professionol Engineer. The Quality Assurance/Control Plan maybe one utilized
by the CONSULTANT as part of their normal operation or it may be one specifically
designed for this project. The CONSULTAI.IT shall submit a Quality Asswaace/Contol
Plan for approval within 10 (en) calendar days of the written Notice to Proceed. Unless
specifrcally waived, no payment shall be made until the CONSULTANT's Quafity
Assurance/Control Plan is approved by the Deparhent. Significant changes to the wotk
requirement mayrequire the CONSULTANT to revise the Quality AssurancdControl Plan.
It shall be the responsibility of the CONSULTANT to keep the plan cune,nt with the work-
requirerne,nts. The CONSULTANT shall, withont additional compensation, correct all
offors or deficien:ies in the designs, maps, drawings, specifications and/o1 other senrices.
The CONSULTANT shall maintain adequate records of the qualrty control actions
performed by the CONSULTANT team, (including sub-contractors and ve,ndors), in
providing services and products under this Contuact. AII records shall indicate the nature
and ntrmber of observations made, the number and type of deficiencies found, and the
actions taken. These records shall be available to the Departnant upon request, &ring the
contract temr. All records are subject to audit review.
G. METTIOD OF COMPENSATTON
Payrrent for the work accomplished will be in accordance with Exhibit B of this contract.
The CONSULTAI.IT shall mest with the DEPARTMENT as required and shall provide a
written progress and schedule status reports that describe tho work performed on each task
Progress and schedule status reports shall be delivered to the DEPARTMENT coucurmfly
with the monthly invoice. The Project Manager will make judgmerrt on wheth€r work of
sufficient quality and quantity has beeir accomplished by comparing the reported pilc€nt
complete against actual work accomplished.
Payneirts will not be made that exceed the percentage of work for any evert until those
evcnts have actually oceurred and the results are acceptable to the DEPARTMENT.
A-4Sta8e lll
527
EXIIIBIT {nB,,
METHOD
OF
COMPEr{SATION
528
1.0
METHOD OE COMPENSATION
EXHIBIT "B"
FPID: 42928G2-12-01
PURPOSE
This exhibit dcfiqes thc method and limi* of compensatioa !o be made to the Consultant for tbe
services dcsoibcd fu Exhibit "A" (Scope of Services) and mcthod by which palments will be nadc.
COMPENSATION
For satisfac{ory completiou of services authorized under this agreemenl the Dcpartment will pay the
Consultant a Total Maximum Limiting Amormt not to ecrceed Str5g!"000.09. lti$ is a task
assignment type agrcemcnt. The Deparheat rryill fumish the Consultant a task wort order
qpeoifring the services to be pcrformed and the fees to be paid for eech project assigaed rmder this
agreement. Compcosatiol for individual assigrments will not exceed $300.000. The Departnent
will confirrn funds availability prio,r to issuiag a task work order to the Consult nt.
The Departmat shall request Consultaot senrices oo an as-needed basis. There is no guaraatee that
any or all of the seryices describcd in Exhibit "A" ofthis Agreement will be assi$ed during the tsrrr
of this Agreement. Further, the Consultaat is providing these services on a nor-exclusive basis- The
Department may, at is option, olect to have any of tle services ser forth herein performed by othr
consultants or Deparfnent staff-
The total amount of this agreement is expected to bo fuadedby multiple appu,priations.. The State of
Flodda's porfonnanoe and obligation to pay under this cootract is contingeut upon an appropriation
by the Legislature. Currently $3Q0OA0OA of the total amourt has besn approved. Thcreforc, it is
agreed that the Coosultmt will not be obligated to perfornr ssfiric.ss nor incur costs which would
result in exceeding ttre funding crxtently approved, nor will the Deparlrnent be obligated to
reimburse the Consultant for costs or make fee payments in excess of currertiy established funding.
The Dqparturent will pmvide written authoriation if and when subseguent appropriations are
approved and encumbered furthis contract.
T.his Agreemcnt allows for Task Work Orders to be individually fuod€d. Whea firnds are
encumbered by tLc Task Work Ordor a specific Financial Project lftmber and amount shall be
identified on the Task Work Order. The Consultaut shall invoice using the specific Finarcial hoject
Number associated with the Task Work Orda wherc s€fi/ices were perforrnd.
2.1 gurrlmtrJr of ComFens{tion
Fees for each task work order will be negotiated either as a lump sum amouot (fixed price), a
limiting amouat (cost reimbunornent), or as a combiaation lump sum and limitiug afirount.
Where lump sum aoounts are esrablishd fees w'ill be negotiated in accordance with Section
2.2. Wherc limitiag anount fees are e$tabli$hed, qonlrsnsatior will be in eccordancc with
Seaion2.2.
This Agreemeut does not iavolve &e purchase of Tangible Personal Propfiy, as defined in
section 273.02 Franda Statutes-
2.0
B-l Project Cost Redistribution
529
2.2 Detaile of Compensation
tuMrstM.Er+r.JkIsNXs-:
For task work order cornpensation elements sstablished as lump suur, the
De,parbnemt may compensale the Consultant in accordance with one or more of the
following nro&ods of paymcnt:
LS-l - At Completion of Task
(LS-l) The Consultant will receive pa)axmt upon completion and accqrtance by &e
Departme,nt of the subject task required uoder this Agreement.
LS-2 - 9/o of Completion of Servites for Task
(tS-2) The Consultaut will rcceive progr€ss pa)rment$ for task servicw based on the
percentag€ oftask seryices that harre been complAed and accepted by the Departneut duriug
the biliingperiod.
For those rates specified in Table 6 without operation margil, a sepsrEte lurnp sum
compmsation el@eff (Iixed fea) wilt be estabtshed.
Lrlr[ITm.G, J*Il{ o u,{aET.EMENTS
For task work order compensation ele,meuts established as limiting amounts, the Deparbnent
will compensate the Consultanf subject to the established timiting smolnt, for all reasonable,
allocable and allowable cosfs insurred" Thc reasoaableness, aUocability and aliowability of
compensation sought under this agreemmt is oEressly made subject to the t€nns of this
Agreement; Federal Acquisition Regulations; Office of Management and Budget Cirrculars
A-21, A-87, A-10a 4-110; and any pertinent Fedaal and State Law"
Selanr & Selarv Releted Cgstr
SaIeru CqEts: (LA a)
$ubject to the established limiti"g amoud: the Consultant will be compensated for time
expended by penonnel in the performance of authorized lrork during 1[e lilling pcriod at the
bi[iag raies specified in Table 6 of Section 5.0. Payncnt for such serviccs will be based oa
approved timc incurrrd dudog tbe billiag period. Wbere thc time units are io d"yt, the rate
will be prorated when less than a day is used. Billing Rates in Table 6 are id€otified as either
(lq, Hqrp*..]0ffiee arld fietd:*ffiqr Rat6s fsr thoss C@sult nts whe;b**, hpth.Sqme aad fie"ld
Orle*ead S.ates which have been aporcyed bv the D€paxtm€nt. Tha Consultant ggg[ usc
the nppropriate Eome or Field Btlltrg Rrte whel invoicing for thic Contract Operating
rnargin shall. bc provided as a separate fixed fee for all rates specified in Table 6 without
Operating Margin.
All overtime must bc authorized in advance in writing by the Department. lYhen
authorizsd fur advance in writing by the Department, premium overtime will be paid at the
rates specilid in Tabls 6 of Section 5.0, for emplcyees paid premium overtime by the
Cousultant. OnIy the following firms list€d in Table 6 of Sectio'n 5.0 are authorized for direct
reimbursem.ent ofpremium overtime: lrl/A.
B-2 Project Cost Redistribution
530
Adqni#.gq*Sy* Ovf;I**adlFsx*i$ss CrlM €ost of ffionwlDtrs.t Erutry.$:
Compensation for the loaded billing rates specified in Table 6 of Section 5.0 hclude
administrative overhead and ftinge benelit costs, Facilities Capital Cost of Money OCCM)
and direct expsrses that are calculated as a percentage ofchargeable direct salary aud wages
exclwive of premium overtime.
**.hli,#.Involveme+f. Sef:'lges / Specialtv Services: (LA 4)
$ubject to the established limiting amount, thc Consultant will bc compensated for these
services based on the rates at ths rat€s speoffied in Table 6 of Section 5.0. No multipliers will
be applied to these rates- PaSrmcnt for such ssvices will be based on approved time ircurred
&uing the biling period. Wherc the time urits are in days, the rate will beprorated when lsss
thaa a day is used. Time for excess kavel will not be included as time worked. These rates
include allowances for salaries, overhead, operating margin, direct expenses and FCCM if
apptcable.
3.0 LYVOTCINGPROCEDUPJ
The Coasultant will be eligible for progress payo3.qxts uader this agreemetrt at intervals not less than
aronthly or when individual lssks 6p mil€posts d6fiE6d itr this agreeoat are completed or reached,
Invoices for this agre€ment will be prepared by the Consultant and subfldtted ttrough the Department's
Consulunt Invoice Transmission System. The invoices wiU be supported by such inforrration as may
be r€Edr$d by Deparsnont procedures to substetiata the charges being invoiced. The Consultaot 'rillmairtsin for this purpose a job cost accouating system that is accoptable to the Department.
If requested by the Departmat, the final invoice for this agreement will be accompanied by a certified
job cost sumnary rqport gcnerated by the accounting sy$tsm. The r€pfft will inciude at s minimusl lhs
total nunrber ofhor:rs and salary cost actually charged to the pmject, the total direct vehicle expense, the
totalmiscellaneous dircct exp€ase, asd total sub-consultant cost ctarged to the projcct.
The Consultant will report sub*onsuluat payments fhrough the Departnent's Equal Opporfrrniry
Compliance System on the Internet" Failure to submit sub-consultsot pa]4neot information may be cause
for rejection of ihe invoice. Withh thirty days after receipt of final payme,nt, the Consultant will report
final zub-consullant payrnents through the Equal Opportrmity Coryliance Syste,m" The Consultant will
pay all sub-consultants tleir proportionate sharc of pal'nl€ots recsivcd from the Dcpartmmt withis
thiay days ofthe Consultant's receipt of payment from the Department.
The Deparfrr€ot will rernder a deeisioa oa tle accqptability of services within five (5) workiag days of
receip of eith€r the seryices or invoice, whishevcr is later. The Deparbert leseryes the right to
withhold palments for work aot oomplctsd" or wor{c completed unsatisfacmrily, or wor& that is dseaed
inadequate or untimcly by the Departoe,nt, Any palmreat withheld will be released aad paid to the
Consultant promptly when work is subsequently performed.
The Consuliant murt uce the *pproprirte llome or Field Bil[ng Rrte when inroicing for t]ir
Coafiact"
B-3 Projcct Cost Redistribution
531
3.1 Project Cost Accounting
The Deparbnent has cstablished a Cost Redistributioa Application (automated gocess) for the
pulpose of breaking out and capturing project costs associatcd with District-wide
(-iscellaneous minor professional senrices) and General Con$ltant task assignment contracts.
This Distrjct wide miscellaaeous.qinor professional servicss cqrilract has been selected for
project costing using the Cost Redistributioa Application. The Consultant will be assigaed
work by meaos of Task V/ork Orders. Fach Task Work Order will initiatly be associated to a
single general (non-specific) financial projeot ide,ntification number for billing pu4poses in
CITS (Consultant Invoice Transmittal System). It will be the consultant's responsibility to
maintain a job cost accounting systsm that will captme dstailed projed cost informatior
assoeiated wi& each assigned Task Work Order. The Consultant and its subconsultants shall
have staff performing wor{< on tlfs contraot charge their time to the nearest quarter hour to each
specifio project on which senrices are to be perfonoed., The Departruent shall provide the
Cousultant and its subeoosultaots the eleven digit project identification numbcr assigned to each
specilic prcject for purposes of capnring timp and costs. At any given time there may be
ssveral specifio projects against whic,h the Coosultant and itr oubconsultants would be charging
time on a single Task Work Order, At the time of submittal of each invoice in CITS, the
Consultant will submit a Project Cost Redistribution qpreadsheet that provides a breakdown of
the invoice costs hto the associsted dstailcd project specific numbers where servises wene
pernbrmed aad costs were incurred" The spreadsheet must conform to and be submitted in a
predefi.ned format. The spreadsheot will contaia the following key data fields: Coosultant
Contact E-mail address; ContactNumbee DOT Invoicc Number; "From'Project Number (the
general projest ideutification number); "To" Project Number (the project specific financial
identification number); the dollar axnount to bc redistributed; tbe project descriptioa (optional
data field); and the total arqount for the spreadsheet. The spreadsheet template and directions
for preparing the spreadsheet can be downloaded &om the Departnent's Prccurerf,ent website,
at ths folowing web address:
htrp://www.dot.srate.fl.usbocurn*n*.plRwiqgt*620C-o4i4gyd0hitistive"$htm Once the invoice
has been zubmitted electronically in CITS by the Consultan! tls consultsnt must sqrarately,
outside of CITS, e-fiBil the Project Cost Redistribution spread*eet as en attachmeut file to the
following Departuat e-mail address: PCRl0AD@dot.state.fl.us. The subject line for the e-
mail should conform to the format 'FDOT"PCR-FILE CCCCCNNNN' where CCCCC
corresponds to the FDOT coflract number and NNNN corresponds to the EDOT invoice
trumber. A Projoct Cost Redistribrnion spreadsheet should be submitted to PCRLOAD every
time an iavoice is subnitted through CITS. After aT initial validation, the Cost Redistribution
Applicatioa will transfer the data contained fu. the Pmject Cost Redistibution qpreadsheet to
data sets on the Departnent's mainfiame computer. The rcdistibution information will be
processed aud used to assess proje{t costs fff District-wide atrd Gcneral Consultant contracts.
Project Cosi Redistribution spreadsheets not timely submiued will be identified on a Dishict
Error Report. Failure to timely submit Proje.ot Cost Redistribution spreadsheets may constitute
grounds for rejection of subsequeot iuvoices submited through CITS.
4.0 PROJf,CT CLOSEOUT
Final Audit
If reqrrested, tbe Coasultant will permit the Departnent to perform or have performed, an audit
of the records of thE Consultant and any or all sub-consultants to support the compensation paid
the Consultaot. The audit will be perfornxed as soon as practical after completion aad
acc€.ptanoe of the sonkacted services.
4.L
B-4 Project Cost Redistrftutiol
532
In the event funds paid to the Consultant under this Agreemrent are subsequently properly
disallowed by the Departnrent because of accounting errors, or charges not in conformity $/ith
this Agreement, the Coosultant agre€s that such clisallowed funds are due to the fleparnnent
upon demand. Furthu, the Department will have the right to deduc! from any paya:rent due the
Consultad under my other c<rnkact, any amount due lhe Department.
4,2 Certificate of Compledon
A Certificate of Completioa will be prepred for execution by both parties stating the toul
compensation dus the Consultant, the amount previously paid, rrd the diffcrerce.
Upon execution of the Certification of Completion, the Consultant will either submit a
termination invcice for an amount due or refund to &e Deparment for the overpE[xleat,
provided the aet diffsrmce is not zero.
5.0 COMPENSATION RATES
The following tables are provided for definition of contrastual rales. Table nuobers not listed are oot
included ia this doeunent.
Table 6 - l.oaded Biiling Rates
Table 6
PARTI.TLLY LO.{DEI} BIIIING RA ES
Srlur RelrtcdCoilr
Courulhnt Item Unlt BillingRrtei
fr/outOMl
Fired Fee
OM
iC,IidFUioccrodelq -ArlvenccdTransportationEngineeringConsulEnts ffi
rEnqistmiaglntem _"_..'
l&ttitrt6i[* Todrdciatr
ilor { zil,n $ 23.47
Hour $ 104,70 $ l2.zl
Hour $83.0i $ 9.69
Hour $ 83,66 $ 9.76
Hour : $ 47.83 $ 5.s8
{,ECOM Technicial Srviceq Inc.
Chief EusilqF
DE$$*q,
tugiseairglnem .-." *"* "
Projeaq$lgflS"
Ihoi,esn*mqq* . ,
SeniorSo{irySr.
saigrE@!ec4$lgl_
SeniorSocddis
Hour , $ 214.62 $ 23J2
IIou $ 11 1,88 fi 12.26
Hom $75.94 $ 8.32
tlun $ 137.04 $ 1s.02
Hcxn $ 194.47 $ 21.31
llon $6425 $ 6.60
Hour 0 154.44 $ 18,02
Hour i fi.m $ 8.02
Hour $ 370.?4 $ '{0.63
CSACental, inc.
IhicfEnsineer Hour s 293.23 $ 26.09
)esicner Eor $ tn.4,$ 10.89
[npineer IIcrr $84.05 $ 7,4E
Senior Eneineer Ilcnr $ 211.76 $ 18.84
Soeciali*llcn s 13?.26 s l2l1
:IBC Enginecring Company
Desiser Hsr $ 68.6s $ 8.46
lncine€rifle Intem Hor $'18.02 s 9.62
h{ectEugineer Hour $ 118.58 $ 14.61
Proiect Manae€r Hour $ 143.s6 $ 1?.69
SenirEnshffir Hour $ t29.83 $ 16.00
B-5 Projcct Cost Redistribution
533
'IrSf f
PAR IIAILI LO.IDT'D BIIIII\G RA'ItrS
Srl*n RelrtetlCottt
Conrultsnt Item thit BilliryRrte*
(nlout Ol0
Ered Fee
OM
Kimley-Horr & AsociaEs, Inc.
Horr $ 110.45 $ 9.97
Hour s 117.30 $ 10.58
I{our $ 191.51 $ 17.28
llour $&.59 s 5.E4
Hour $ 173;56 $ 15.56
llour $ 154.70 $ 13.96
Hou $ 268,32 I 24,2t
Hour $ 184,90 $ 16,68
Hour $ 149,41 $ t3.48
Spesi*lirlts Hsur $90.67 $ 8.r8
8o€eialnstr Hour I 122.69 $ 1r.07
lletic Engine<riug, Inc.
ShiefEneineer Hour $ 201.47 $ 19,89
Ensineerins Iotem llour $62,55 $ 6,18
Proiect Manas€r i Horu $ 147.03 $ 14.s2
linnacle Consultine Enterods€s. krc,icniorEnsineff i Hour s rcg.n $ 24.15
IMCE ConsulmnB, Inc,
EnsineErins Int€m Hour $ 80.07 $ 8.66
Pmiect Ensinefr Hour $ 1l?.95 $ 12,75
Senior Eneineer Hor:r $ 138.7?$ ls.m
ISM Intemational Inc.
CADDiComputer Tecbdqiao Horu $ 55.75 $ e.00
ChiefEnsineff Hour s 133.80 $ 21.50
Desisaer Hour $ 100.35 $ 16.20
Eneineerine Int€rn Hour $ 80.28r$ 1296
EocLrcsrinc T€chnician Hour $M.50 $ 7.20
Proiect Ensinecr Hou $ 100.3s $ 16.20
hoiect Manans€r Hour $ 133.80 $ 21.60
lecreurviCledcal llour $44.fi $ 't,20
lenicEneineer Hour $ 129J4 $ 20,88
lenior Eneitr€erine Technician Hour ,$ s5.75 $ s,oo
Icctoician Aid Horu $39.03 $ 6.30
*The above billing rates include overhead, direct expenses and FCiM, if applicable.
'fable 6
ITOADE) BIrr rl$P11Pg
PLTBLIC II\VOLVUIIB{T SRVICES
IS llfrItiiliers chould be edded to thece rrtes.
Consultent ftem Unit Rate
Ivledia Rebtbns Croup, LIC Public Information lVIauager i Ibur $ 130.s0
Media Relations Group, LI,C Graphb D,gsrgrl€r i. I{o1tr $ 80.00
Media Relations Group, LLC Public Information Manager j I{our !
$
80.00
55,00Media Rehtilrs Group, IJ.C
,t
Assistant Pubtc Informatbn Officer I [trour
B-6 Projcct Cost Redistribution
534
' Table 6
' LOADtrI) f,[r'rrNGtrL'tIES
SPf,CTALTY SRVTCEI
No ]l<tollcrc *hould bc added to these rate .
Consultant Item Ihit R^ete
lr44gpolqtbp Tec hnology Sot rtions rSpulqr- $ppgiFlitt tlour $ 79.46
Iransportatbn Tecbnobev Sohrtions Soeciallst Hour s 66,22
The abovo billiug rates includ€ overhead, diroct expenses, opereting margin and FCCX\{, if applicable.
The aborrebilling rates include overhead dircct expenses, operating margin and FCCM, if applicable.
B-7 Proj oc-t Cost Redistributioa
535
TOr Ptd525Re@dot.atatB. fl.ug 10545596
SIIB'JECT: PUI'TDS APPROVAI,/REVIEITBD FOR COIITR.LCT C9DO6
STATE OF FLORIDA DEPARTIIEIIT OF TruINSPORTATTON
FI'I{DS APBROVAI.
eongrast #C9D05 Contract Ty1re: Method of Procurement:
Vendor lilane: ATEC
Vendor ID: VF5938L1264001
aeglnning date of this Agnt: LO/021L3
Ending dare of, rhis Ag8tr La/02/L8
**t*+'r***********it*t*t********i********************t**t**tt++*t*r:****t*
OB€-CODE TEO *OBOECT *EUOTNflT *FIN PROJECT *8CT *CFDA
{FISCAI] YEAR) *BI'DGET ENTITT *CATEGORY/CAT YEAR
AMEIID!,'ENT ID *SEQ. TUSER .ASSIG:NED ID *E[IC T.INE(5S)/SIATUS
t*t********t****+******************+************r*t****t****************
ACtion: ORIGIIIAIJ Elnds have bean: APPROVED
55 064030652 *TO '1131567 * 300000.00 *429286232AL *119 *
20L4 155150200 't088866/14o00L *00 i *000L/04
TOTAL .[I*IOI]Mf,: *$ 300,000.00 r.
E'I,NDS APPROVED/REVIETTM FOR ROBTII ld. NAITOVE, CPA, COMP?ROLIIER
DATEr nlB/20L3
536
ACORD"\----GERTIFICATE OF LIABILITY INSURANCE OAIE (iTUDD'YYYY}
10t17t2A13
THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER" THIS
CERTIFICATE DOES NOT AFFIRII'ATIVELY OR NEGATIVELY AMENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIGIES
BELOW. THIS CERTIFICATE OF INSURAHGE DOES NOT CO}ISTIUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED
REPRESENTATIVE OR PRODUCEFI" AND THE CERT]FICATE HOLDER.
IMPORTANT: lf tho cedlficate holder ls an ADOITIONAL INSURED, the policy(lo$) must be endoEod. lf SUBROGAnON lS WAIVE0, sublect to
th6 tenrs and conditions of the policy, cerialn policles may requlr€ an ondoEemont A statement on lhis coiliflcate does not confer rights to ths
cartilicate holdor in lieu of such endorsomBn(rl"
PRoDtcER phone:905444-2324
MDW lnsurance (North!
iee miiroici AG' -' - Fax: 305-444498(
Coral Gables, FL 3313,{
Craig Weinsteln
ffiEi-' qarrie Worlgy_
ffi8..*,954616€408 I [#.nor, 954.616-6410-EdHk" iwoaev@iidwlns uii nCe.iom_-.__----
^."-*,"r***,**r=** -- -----l-- ft;
rrusuneRr,Hartford Casualty tnsurance Co 129424
rNsuRED Advanced Transportation
Engineering Consultants, lnc.
13940 SW 136th Streef, #107
Miami, FL 33186
rHsunsna:Hartfotd Fire lns. Co.
rNsunsa c : Har'6ord Casualty lnsurance Co
t!.Ir*lnEiabrHartford lnsurance Co of SE
tNsuRER.ElL
-
-
METRI4 OP ID: TLS
COVERAGES CERTIFICATE NUMBER:RE.IflSl(l}I NUMBER:
CERTIFICATE }IOLDEF CANCELI,ATION
@ 1988-2010 ACORD CORPORATION. All rights reseryed,
ACORD 25 {2010/0q The ACORD name and logo are registered marks of ACORD
TI"IIS IS TO CERTIFY THAT THE POLICIES OF TNSURANCE LISTED BELOW HAVE BEEN I$SUED TO THE NSURED NAMED AAOV€ FOR THE POLICY PERTOD
INDICAIED, NOTWTHSTANBING ANY REOUIREMENT, TERI!'I OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDEO BY THE POLICIES DESCRIEED HEREIN IS SUEJECT TO ALL THE TERMS"
EXCI-USIONS AND CONDITIONS OF SUCH POLICIES" LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.H,"o.o,i^.u^*,*-a?*trtrl.*J..,,;-*ffi;;*
, cef
A ;I
i:
IERAL UAALITY
COMMEECIAL GENERAL LIAELN'Y
-l "*,***oo. [xl *"u*
2I UtJNAN3SS6 ailo1n013 03to112014
EACH OCCURRENCEUHTEEl*][ffiigE.-
PR$rAEg Grocc{iranoai
r 1,0fi),001
MEO EXP (Any one p€tson)t 10,001
PERSONAL CAOV INJURY s 1,000,00{
2,000,00{
J GEIILAGGREGATE LIMIT APPLIES PER:
*.,"' iJil tE* [-l .*PRODUCTS. COMP/OP AGG t 2,000,00(
B
AUTOillOBILE LIABIUTY
X irwnuro"' Attowr,GD 1*"""lSCHEDULEDAUIOS I .-l AUTOSsr ;vlNON-OVYr.lEO,1 ilttFfgAUrOS iA iAUTosa i*1tli
lluENAN4048 03/01/2013 03r01r2014
[{lffqirEo sr*ilE Llifir
{Ert rcddsdt ,.000,00{
BODILY INJURY (Parpmon)I
gPOILY INJURY (Por a6idrnl)t
Pflgl'EH lY UAi/iAt e
fPsr tqiider*l
t
c
X ! UMBRELLALTAa I X loccun* ! i*l
I EXCESS L|AA i I cLrtus-r.lroeI;" ;xi;";;""*-lI:600 'XHUAN3l6I
03,01n0r3 o3tafi2ar4
EACH OCCURRENCE g 1,000,00(
AGGREG,qTE I 1,000,00(
. WORKERS COMPENSATION
_ i ANoEMPLoYERS'LIAB'L|TY ylrD i ruv pRopRteroR/pARrNenGxeculve rt
:OTFICER/M€MBEREXCLUDEO? TJ(Mrnd8brrkr Nll,
. lfyos. dossiDaunde(I ni:qCPIFTtOU frF nPFPATnNq hd6d
IA tlwBAr{4207 03,o112013 0x101t2014
vlrestAts I utH-alIaRYJJMllS"l_IEs-
E.k"E{q!,*!.9!qFryr. -
E"L OISEASE. EA EMPLOYEE
E I, DISFASE.POIICY I IMfT
E lProfessional Liab
lFull Prlor Acts
,31428218
IIOO,OOO DEDUCTIELE
03r0il20t3 03/01120r4 Ea Claim 250,00(
Aggregate 250,00(
DESCRImON OF OPERATIONS / LOCA'IOHS, VEHICLES (Attach ACORD 10t, Addltimll Rcmerk ScheduL, lf no6 spacB lr nqulred,
?roject Deserj.ption::ontxact f c-9D06: traffic Engineering SupporC Sarvices Consultant
Florida Department of
Transportation
1000 NW 11lth Avenue, Rm, 6202
Miami, FL 33172
SHOULD ANY OF THE ABOVE DESCRISED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE flLL BE DELIVERED IN
ACCORDANCE WlrH THE POLICY PROVISIONS.
AUTHORUED REPRESENTATIVE
WhA^
537
Ac\,; nceci Tra nsportation
Engineering Consul'tants
October 17,2013
RE: Contract Execution Authority
Dear Sir/Madam:
The following is a true, certified copy of the portion of our July 17, 2013 corporate
minutes, which authorizes Mr. Elio R. Espino to execute (sign) proposals and contracts
on behalf of ATEC:
Upon duly motion made, seconded and unanimously carried, it was RESOLVED that
Elio R. Espino, Director and President, shall have authority to execute any contracts on
behalf of the Corporation."
Sincerely,
/lt-g;s*An*r
Maril6y Perez { \
Vice P residenV0orporal#ecreta ry
STATE OF: FLQRIDA
COUNTY OF: MIAMI-DADE
Sworn to (or affirmed)gubscribed before me this 17th day of October 2013.
OR Produced ldentification
Notary Public - State of: Florida Commission Expires:+- 3-eotq
12905 $lv'42 5t. Su;ie 209. tu'liami, FL 33,.7i
;; 305,480.9938 . f 305.480,9S64 . !t'i"^jr iti{'}i-:irii:i!;.*.ril
JE8CTE lllttrrEvrX
t{oisy Ptfli - ltrf d RodarI, Ccilr, lflrElgr t,201,
GmnL.hn, EC tCrltt
Date: frfl,7?913
538
$TATE OF FLORIDA DEPARTIVIENT OF TMNSPORTATION
DBE PARTICIPATION STATEII'IENT
Note: The Consultant is required to complete the following information and submit this form with the technical proposal-
Project Description: Tlaflic Engineerino Suooort Services Consultant FM No. 429286;?#?-0'l
Consu ltant Name: Adva nced Transoortation Eng ineeri n g Conzu ltants
This consultant is not a Department of Transportation certified Disadvantaged Business Enterprise (DBE).
Expected percentage of contract fees to be subconkacted to DBE(s): 10 o/o
lf the intention is to subcontract a portion of the contract fees to DBE(s), the proposed DBE sub-consultants ar€ as
follows:
DBE Sub-Consultant
By:
TiUe: Pra*idenl
37ff3021
PROCUREMENT
1oml
Type of WorUCommodity
TRACE Consultants, lnc.Roadway Design
Plnnacle Consulting Enterprises, lnc.Constuction Engineering & lnspection
HBC Engineering Company Traffic En gineering Studies
Date:10/1612013
539
STATE OF FLORIOA OEPARTi/ENT OF TMNSPORTATION
PROFESSIONAL SERVICES SELECTION PACKAGE
FINAL SELECTION
375G&2A
PROGT.IREMENT
Nt13
PrO. l of4
Name of Proiect Traffic Enoineerino Supoort Services Consultant
Fil Numbe(s): 429286-2-32-01
FINAL SELECTION MEETING WAS HELD ON:
lnterview summary scores and narrative enclosed:
lnteryiew indlvidual scores and narntive enclosed :
[l Yes
fi Yes
E tto
Eruo
TECHNICAL REVIEW GOMMITTEE:
NAME
A. Evelin Leoc-evic Proiect Manaoer
PHONE
305-470-5335
305S40-7103 .
305-64$.7307
30s470-5299
B. Sunday Enoqeiru TRC Member - N. Dede Construction
TRC Member- lTS _
TRC Member- Desion
C. Derole Duncan
D. Vinod Tuli
E.
F.
G.
District Secretarv
District Director of Transoortiation Develooment
District D irector of Tra nsportation O oe rations
SELEGTION COilIMITTEE MEMBERS:
540
STATE OF FLORIDA DEPARTI€ITT OF TMNSPORTANON
PROFESSIONAL SERVICES SELECTION PACKAGE
FINAL SELECTION
37$03c2A
PROCUREMEMT
0{,i13
PsqB2 of4
Name of Projecfi Traffic Engineerino Support Services Consultant -
lnstructions: lndividual scores, to the nearest whole number, should be developed by each Technical Review
Cornmittee member. lndividual evaluations that make up the overall technical score must be retained in
a project file and shEl! be made avaihble to the selection committee upon request.
Average Scores
-N/A--
Name of Firm
Awareness of
lssues0-_
Approach to
Project0--
Proposed
Staffing Oiher Other Other Total
0-100
0.00
0.00
0.00
0.00
0.00
0.00
Summary of maior comments of the Technical Review Committee:
See lndividual Memos & Evaluations-
Average Scores
-.!NTERVIEWS.
Name of Firm
Awareness of
lssues0-_
Approach to
Project0-_
Proposed
Staffing Other
0-
Olher0-_Other Total
0-r00
0.00
0.00
0.00
0.00
0.00
0.00
Summary of rnajor commenls of the Technical Revieur Commiltee:
See lndividual Memos & Evaluations.
541
STATE OF FLORIOA DEPARTMENT OF TMNSPORTANON 37SO3O2A
PRoFESSIoNAL SERVIGES SELECTIoN PACKAGE PR..UREHI
FINAL SELEGTIoN Page3d4
Name of Project Traffic Engineerino Suppgrt Services Consulta,It _
FM Number(s): 429286-2-32-01
lnstructions: lndividual evaluations that make up the overall technical score must be retained in a project file.
N'A
I ndividual Total Scores
Name of Firm A B C D E F G
Average
Score
For Each Firm
lnterview Scores
lndividual Total Scores
Name of Firm A B c D E F G
Average
Score
For Each Firm
542
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATOI{
PROFESSIONAL SERVICES SE LECTION PACKAGE
FINAL SELECTION
Name of Prc{ec,t: Traffic Enoineering Suooort Services Consultant . ._
FM Number(sl; 4292862-32-01
376-{'@24
PROCUREMENT
c/,t13
P.9.4 dl 4
lnstructions: This form is to be completed once all lnterview Evaluations are complete. The Recording Sec[tary sftaff
record the considerations, evaluation hctors and observations expressed by the Selection CommitteJmembers in
r9?cf_'lry the final selection. NOTE: The Selection Committee shall designate a priority ranking {1,2,3} in the columntitled "Rankinq".
Name of Firm
Volume of Work
Previously
Awarded to the
Firm in Past Five
Years
WEGHTED
AVERAGE
_%
Advanced
Transportation Eng.,
lnc.
$81,508,000.00 $30,114,000.00
Thefollowingspace.shouldbeusedtosummarizethemajorfactorsconsider
this selection. lf the firm scoring the best technir:al score is not selected, a specifiacomment as to why should be
The. btqtu.i* S€lec+ion Conarn it4ec, ynexnyee*s ebytrr &edu)it\^ +\^e I'fqhnicflt Eeyr'eur C;An"ifriF; h^eyy.t W$tiffi,llfffl€&* ap?vo\,o r.., ci;rc,Af il\i+.,ffidr*p
Recording Secretary:n"te, Ot.l(+ l.3r[- 5, -nr 3,
543
F lori da Department of T ran sportation
RICK SCOTT
GOVERNOR
ANANTH PRASAD, P.E.
SECRETARY
DISTRICT SIX
REQUEST FOR PROPOSAL (RFP)
FOR
Traffic Engineerinq Support Services Consultant
F.M. NO(s): 429286-2-32-01
Advertisement No.: 14611
Date lssued: June 19. 2013
NOTE: The selected firm and all subconsultants must be registered in MyFloridaMarketPlace (MFMP)
as vendors in order to conduct business with the Department or any other Agency within the State of
Florida. Professional Services contracts are exemptfrom the 1% fee. To register, verify registration,
or for more information about MFMP, go on-line to:
http://d ms. mvflorida. com/eoovern ment tools/mvflorida ma rketplace
544
REQUEST FOR PROPOSAL (RFP)
CONTENTS
PURPOSE1.0
2.0
3.0
3.1
3.2
3.3
3.4
3.5
3.6
4.0
4.1
4.2
4.3
5.0
5.1
5.2
8.0
8,1
8.2
8.3
8.4
8,5
8.6
SCOPE OF CONSULTANT SERVICES
CONTRACT SUMMARY
Length of Consultant Serwbes--- ------- I
ProfessionalLiability lnsurance ---------l
Computer Usage----- ---------------------2
Public Entity Crime lnformation Statement --
S u b co ntractual Seryices
EVALUATTON pROC ESS --------------------
Evaluation Criteria
1
1
2
2
)
1
Required Certified Forms
Required Su pplemental Documents
INTERVIEW GUIDELINES & FORMS SUBMITTAL
lnterview Guidelines-
Forms Submittal---
DEADLINE FOR QUESTIONS
CONSULTANT SELECTION
CONTRACT NEGOTIATIONS -
Automated Fee Proposal-------------
Overhead Allowance
---------------4
----4
, - -. - - -.. ----------- 6
6.0
7.0
-------------6
--------------7
':'-------- - -- ----'-'-'- 8
Operating Margin -----------8
Expenses
Method of Compensation and lnvoicing--
Equ al Opportu nity Reporting Sysfem ----------9
9.0 TENTATIVESCHEDULE-----
------8
------9
ATTACHMENTS
A SGOPE OF SERVICESB STANDARD PROFESSIONAL SERVICES AGREEMENT TERMSC REQUIRED CERTIFICATIONS AND FORMS
545
1.0
REQUEST FOR PROPOSAL (RFP)
PURPOSE
The Florida Department of Transportation (FDOT) requires professional consultant services in
connection with the project listed below:
FM No.: 429286-2-32-01 Advertisement Number: 14611
F.A.P. No.: TBD
Description: Traffic Engineering Support Services Consultant
Additional information is necessary to complete the evaluation of each shortlisted consultant's ability to
provide the desired services. As a result, the consultants shortlisted below are requested to participate
in a Technical lnterview and to submit the Required Certifications and Standard Consultant
Forms and Supplemental Documents ("Required Forms") for the anticipated work.
Shortlisted Consultants in Alphabetical Order:
o Advanced Transportation Engineering Consultants, lnc.o HBC Engineering Company, lnc.
o Metric Engineering, lnc.
SCOPE OF CONSULTANT SERVICES
For a detailed description of the required consultant services, refer to Attachmenf '?", Scope of
Services. A Scope of Services teleconference has been scheduled for this project with all shortlisted
consultants to discuss questions regarding the project scope of services, abbreviated technical
proposal guidelines, submittals and any other relevant issues. Meetinq participation will be onlv via
teleconference bridqe 850-414-4972 (2 ports per prime). Attendance in person will not be permitted. lt
is suggested that the consultant team coordinate accordingly to ensure maximum participation. The
teleconference is scheduled for 2:30 PM on June 26, 2013.
CONTRACT SUMMARY
A Standard Professional Services Agreement will be executed by the selected consultant for this
project. The standard contract terms are provided as Attachment "8". The following additional
information is furnished to the consultant firm for consideration:
3.1 Lenqth of Consultant Services
The Consultant services term will be for a maximum of 24 months. The Consultant services
shall begin only upon the receipt of a written Notice to Proceed (NTP) from the Project Manager
or Designee.
3.2 ProfessionalLiabilitvlnsurance
Professional Liability lnsurance in the minimum amount of $250.000.00 per claim must remain
in effect during the period the services are rendered. lnsurance deductible should not be
greater than $250,000.
2.0
3.0
546
3.3 Gomputer Usage
The selected Consultant firm may desire to use the Department's mainframe computer (not
CADD) for project related tasks. The consultant should identify the specific FDOT computer
programs and an estimate of system usage that is proposed for the project, if applicable.
Requested computer services will be considered during contract negotiation.
Public Entitv Crime lnformation Statement
A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit a bid on a contract to provide any goods or services to a
pubic entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
Category Two for a period of 36 months from the date of being placed on the convicted vendor
list.
Subcontractual Services
Services assigned to subconsultants must be approved in advance by the Department.
Subconsultants performing the standard types of work covered by Rule Chapter 14-75, F.A.C.,
must be technically prequalified with the Department or have an application for prequalification
under review at the time that they are proposed.
Subconsultants used to qualify the team in the major types of work in the Letter of Response
must remain part of prolect team throughout the selection process. The team must be
prequalified for ALL advertised types of work, both major and minor, at the time of submittal of
the Required Certifications and Standard Consultant Forms, and Supplemental Documents.
After submittal of the required documents, any changes to the team must be requested via
d6.profserv@dot.state.fl.us for the Department Project Manager's approval prior to the
scheduled Technical lnterview.
3.6 Copvriqhted Materials
Copyrighted material will be accepted as part of a Technical Proposal only if accompanied by a
waiver that will allow the Department to make paper or electronic copies necessary for the use
of Department staff and agents. lt is noted that copyrighted material is not exempted from the
Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subjectto
viewing by the public, but copies of the material will not be provided to the public.
EVALUATION PROGESS
The firms being considered for this project are required to submit all Certifications and Standard
Consultant Forms. and Required Supplemental Documents described in Section 4.2 and 4.3, and
participate in a Technica! lnterview addressing the evaluation criteria presented in Section 4.1, for
anticipated work.
3.4
3.5
4.0
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4.1 Evaluation Criteria
1. Awareness of Proiect lssues: At a
demonstrate their understanding of the
involved in the project.
minimum, the Consultant will be asked to
scope of services and any unique issues
o Knowledge of Scope (0 - 10 points)
o Coordination Requirements (0 - 10 points)
o Knowledge of Chapter 10 of PPM (0 - 5 points)
2. Approach to the Proiect: At a minimum, the Consultant will be asked to demonstrate
the proposed approach for completing the desired work. Questions may address critical
management activities involved with the project and project issues. These issues could
include technical or managerial issues that are unique to this project or are particularly
challenging. The consultant's approach to dealing with these issues should be
described.
o Traffic Simulation (0 - 10 points)
:o Traffic Monitoring (0 - 10 points)
o Data Collection (0 - 5 points)
o Signal Timing lmplementation (0 - 5 points)
3. Proposed Staffing: At a minimum, the Consultant should be able to describe the
staffing plan and clearly explain the key elements of the organizational structure that is
proposed to accomplish the work. The plan should address the administrative and
technical aspects of the project. Key personnel by discipline must be identified. Past
work experience of key personnel may be discussed as it relates to this particular
project. The Consultant should be able to clearly explain the availability of the proposed
team members at the time of the proposed start of this contract, as well as how conflicts
with ongoing projects will be resolved.
o Signal Timing Experience (0 - 10 points)
o Traffic Modeling Experience (0 - 10 points)
o Maintenance of Traffic Experience (0 - 10 points)
4. Other Considerations: The Consultant should be able to discuss other data
demonstrating communication ability, use of specialized equipment, innovative ideas,
commitment to satisfy the Departments need, past performance on similar projects and:
Office Location (0 - 5 points)
The consultant should identify the office location that will provide office support.
Quality Assurance / Quality ControlProcess (0 - 5 points)
The consultant should describe, in detail, the firm's quality control program,
specifically in relation to the requirements specified in the Scope of Services.
lnnovative ldeas (0 - 5 points)
Describe any innovative approaches/ideas for the project.
5. Disadvantased Business Enterprise (DBEI: The use of DBE subconsultants
mandatory and no preference points will be given in the selection process for
participation, but it is strongly recommended. The Department's goal is 8.61%.
is nof
DBE
548
4.2 Required Certified Forms
Required Certified Forms contained in Attachment "C" are to be submitted by the Prime firm
only. The signature must be that of a person authorized to legally commit the firm to a contract
with the Department. (Refer to Attachment "C" for forms)
- Truth in Negotiations Certification; This form is primarily used for any lump sum or cost-
plus-a-fixed fee professional service agreement over $60,000, and should be executed by
an officer of the prime consultant firm.
- DBE Participation Statement: The Department encourages DBE firms to compete for
professional services projects and also encourages Non-DBE Consultants to use DBE firms
as subconsultants. However, use of DBE subconsultants is nof mandatory and no
preference points will be awarded in the selection process for DBE participation. Prime
Consultants are encouraqed to indicate their intention regarding DBE participation In the
Anticipated DBE Participation Statement contained in Attachment "D" to this Request for
Proposal.
- Proposed Suhconsultant Listinq: The prime consultant shall complete this form and list
all subconsultants being proposed on this project. lt is recommended that the main
person(s) to perform the tvpe of work from each proposed subconsultant firm be listed.
- Federal Funded Proiects: The following certification forms for federal-aid contracts shall
be signed and dated by an officer of the prime firm, association or corporation submitting the
forms:
Exclusion for Federal Aid Contracts
Appendix B & Appendix I Federal Regulation 49 CFR, Part 29 requires that on all
federally-funded contracts, consultants provide a certification as to their current
history regarding suspension, debarment, ineligibility, voluntary exclusion,
convictions, or civil judgments.
lf any funds other than federally appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a member of Congress, an officer or employee of a member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the prime consultant shall complete and submit the standard form
"Disclosure Form to Report Lobbying" in accordance with its instructions.
Required Supplemental Documents
The following documents are required to be submitted with the Required Certifications and
Standard Consultant Forms, and should adhere to a minimum font size of 11 with Yz" margins'.
- Professional Resumes: Provide resumes of Key Staff team members that are committed
to providing services for the duration of the contract term. Resumes shall be complete, with
no lapse of service. All prior work on Department projects will include references and contact
numbers. Resumes of senior managers or ancillary staff not proposed to work on this project
should not be included. Resumes are limited to two (2) pages and should be arranged
in alphabeticalorder.
4.3
549
5.0
Resumes should be formatted to conform to the following specifications:. Specify the office where the individual is located.. For each degree received, specify the year of graduation and the name of the University.. lndicate the time frame spent at each firm and the projects performed during that period.. For each project, provide the client name, a reference name and a telephone number.r- For each project, list the common name, the State Road Number or applicable route
number, the length of the corridor, the County or City where the project is located, and
your role in the project.. Provide the beginning and ending dates of all referenced projects.
- Orsanization Chart Provide an organization chart that clearly defines who will be in-
charge of each project activity defined in the Scope of Services document. The advertised
types of work should be clearly indicated. Clearly identify by abbreviation or symbol, not
color, the company for which each individual works. The organization chart is limited to one
(1) page. lt is atthe discretion of the consultantto choose a page size of either 8-/2" x11"
or 11" x 17". (This chart is exempt from the font and margin size specifications.)
INTERVIEW GUTDELINES & FORMS SUBMITTAL
5.1 lnterview Guidelines
The firms being considered for this project are required to participate in an interview that will
address the evaluation criteria presented in Section 4.1 for the anticipated work as defined in
the Scope of Services.
The interviews are requested to enable the Department to evaluate the capability of the firms to
provide the desired services.
lnterviews will be held on Julv 17.2013, in the Procurement Conference Room. located in
Room 6204-A of the Sixth District Office, located at 1000 NW 111th Avenue, Miami, Florida
33172. The interview schedule will be randomly selected in the Scope of Services
teleconference and deemed as follows:
Gonsultant Time
Firm #1 9:00 AM
Firm #2 10:30 AM
Firm #3 1:00 PM
The interview time limit will be fiftv-five (55) minutes. The time will be divided as follows:
Five (5) Minutes:
Review lnterview Questions
Five (5) Minutes:
lntroduction of Staff
NO formal presentation will be allowed
Fortv-Five (45) Minutes:
- Consultant Opening Statement (-5 minutes, optional)
- Question & Answer Session demonstrating awareness of project issues, an explanation of the
proposed approach to the project, plans for the staffing of the project and other
considerations.
550
- Consultant Closing Statement (optional; if time permits, 5 minutes will be allowed)
NO HANDOUTS, ELECTRONIC DEVICES OR DOCUMENTS OF ANY KIND will be allowed
during the interview. Consultants shall not utilize any display boards during the interview.
The maximum number of consultant representatives, including subconsultants, is six (6). The
following representatives are required to attend: Project Manager, IMSA Certified Traffic Signal
Technician Level ll, Advanced Maintenance of Traffic Certified Engineer and a Traffic Engineer.
Two (2) other representatives may also attend the interview. Questions will be addressed to
specific job classifications. lf a portion of a response requires assistance from another job
class, only half the points will be awarded for that portion.
5.2 Forms Submittal
The Required Certifications and Standard Consultant Forms, and Required Supplemental
Documents, as detailed in Sections 4.2 and 4.3, are due NO LATER THAN:
Julv 10. 2013 at 3:00 PM
Required Certifications and Standard Consultant Forms, and Required Supplemental
Documents received after this deadline may be considered non-responsive. A Cover Letter is
not permitted with the forms packase.
One (1) set marked "Original" and four (4) copies along with an electrgmc_copy, in .pdf
format on CD or DVD of all required forms and submittals should be mailed or delivered to:
Florida Department of Transportation
Professional Services Office
1000 NW 111th Avenue, Room 6202-8
Miami, Florida 33172
It is suggested that submittals be addressed to the Professional Services Office, not to any
individual. They may be turned in to the PSU front desk for a time stamp.
6.0 DEADLINE FOR QUESTIONS
The question cut-off date is needed to assure that the Department has adequate time to notify all firms
in writing about any additional questions or issues that are raised by any of the competing firms.
The deadline for questions is: Julv 10. 2013 at 3:00 PM.
Any questions that arise after the scope of services meeting, whether administrative or technical,
should be submitted electronically:
Professional Services d6.profserv@dot.state.fl.us
The subject line should be formatted to display the Advertisement Number and the phrase "Consultant
Questions". For Example: 14611 - Consultant Questions.
Technical questions will be forurrarded to the Department Project Manager so that a response can be
addressed to all firms.
551
7.0 CONSULTANT SELECTION
The Technical Proposals will be reviewed by a Technical Review Team. The Team membership for
this project consists of Evelin Leqcevic. Proiect Manaqer; Sundav Enosieru. North Dade
Maintenance; Javier Rodriquez. ITS: and Vinod Tuli. Desiqn. However, consultants are asked to
refrain from any form of contact with the Technical Review Committee members and/or technical
experts subsequent to the advertisement date of any project.
lndependent score sheets and comments will be submitted to the District Professional Services Unit by
each Technical Reviewer. The final weighted scores and comments will be combined with other
appropriate information and fonvarded to the Selection Committee Members. The final weighted
scores will be determined as follows:
(Oral lnterview Raw Average X 1.00)
The Selection Committee is routinely scheduled to convene every other Monday in the District Six
Procurement Conference Room (Room 6204), located at 1000 NW 111th Avenue, Miami, Florida
33172. The Selection Committee Members, consisting of the District Secretary, District Director of
Transportation Development, District Director of Transportation Operations and a representative of the
Professional Services Unit (non-voting), will meet to discuss the capabilities of the consultant firms. At
the discretion of the Selection Committee, other persons may be requested to provide information at
the meeting.
lmmediately after the selection, the consultant firms will be notified of the ranking order selection
results. The results will also be posted on the following website:
http://www2.dot.state.fl.usiprocuremenUProfessionalServices/advertise/advreslt.htm
Twenty four (24) hours after the selection, the public record documents for this project will be posted on
the following website:
ftp://ftp. dot.state.fl. us/LTS/D6/Professional%20Services/
CONTRACT NEGOTIATIONS
This contract is scheduled to be executed in October.
Contract discussions will be initiated by the Department with the firm ranked number one by the
Selection Committee once the selection process is complete. Negotiations will focus on the proposed
technical aspects, the scope of services and the wages and billing rates. For information and
guidelines when preparing a price/fee proposal, please refer to the Department Negotiations Handbook,
located on the following website:
http://www.dot. state.fl. us/procuremenVNeqotiations. shtm
The selected firm and all subconsultants must be registered in MyFloridaMarketPlace (MFMP) as
vendors in order to conduct business with the Department or any other Agency within the State of
Florida. Professional Services contracts arc exempf from the 1% fee. To register, verify registration,
and get detailed Information about MFMP go onJine to:
8.0
http://d ms. myflorida. com/esovern ment tools/mvflorida marketplace
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8.1 Automated Fee Proposal
The selected consultant shall prepare a price proposal with backup information to support
proposed wages and expenses for the required services. The Automated Fee Proposal
spreadsheet must be prepared by the selected consultant" The Automated Fee Proposal and
the user guide are located at the following website:
http://mvw. dot. state.fl. us/procuremenUforms/form men u. shtm
Once notified of the Final Selection, the number one ranked firm must contact the Department
Project Manager to make arrangements for a meeting to negotiate man-hours, if needed, and to
begin preparing the price proposal and audit package. Should the Department be unable to
negotiate a'fair, reasonable, and competitive price for the consultant services with the number
one ranked firm within 30 calendar davs of the initial meeting date, the Department reserves the
right to terminate negotiations. The Department will then begin contract negotiations with the
next ranked firm.
Fee Proposals should be submitted electronically to:
Roland Chaviano
roland.chaviano@dot.state.fl.us
Florida Department of Transportation
1000 NW 111th Avenue, Room 6202-8
Miami, Florida 33172
(305) 470-5457
Overhead Allowance
The allowance for administrative overhead and fringe benefits, expressed as a percentage of
direct salary and wages, shall be based on the firm's most recent overhead audit by a State or
Federal agency. lf the proposed project requires the establishment of a field office, a separate
overhead rate for the field office must be submitted.
The Department will accept the approved audited overhead rate for contracting purposes and
may not limit or negotiate these rates. lf the consultant, as part of the negotiation of overall
costs to arrive at a fair competitive and reasonable price, voluntarily proposes an overhead rate
lower than the audited rate, the Department may use this rate in the contract.
Operating Margin
Beginning October 1. 2003, the operating margin in Department of Transportation contracts will
be calculated as a percentage of direct salaries within a range of 12 to 42 percent. The basis
for negotiating the operating margin percentage will be the complexity of the project, the degree
of cost risk or liability involved, the project schedule and the cost control efforts demonstrated by
the consultant's proposed staffing and overhead, direct expenses and salary rates compared to
industry averages.
Expenses
Direct project expenses will be compensated using the direct expense rate, which is required as
a part of annual overhead audits. Separate audited rates are required for home office expenses
and field office expenses. These rates represent the ratio of all corporate-wide direct expenses
to actual direct labor excluding premium overtime.
8.2
8.3
8.4
553
Consultants that intend to propose direct project expenses as part of their price/fee proposal
and have not received an audited expense rate must establish a direct expense rate percentage
as soon as possible. The establishment of an expense rate percentage will not be sufficient
grounds for delaying negotiations.
Method of Compensation and lnvoicing
The Consultant will be compensated for services satisfactorily performed under the Professional
Services Agreement, based on a negotiated lump sum amount or limiting amount as stated in
Exhibit "B" of the negotiated agreement.
lnvoices for this agreement may be prepared by the Consultant and submitted to the
Department via the Department's computerized Consultant lnvoice Transmittal System (CITS).
The selected consultant shall obtain a corporate lD by accessing the following website:
http://www.dot. state.fl. us/procuremenWVelcome to CITS. shtm
Equal Opportunitv Reporting Svstem
Monthly, at the time of invoice submittal, the consultant will report subconsultant payments
through the Department's Equal Opportunity Reporting System on the lnternet. Failure to
submit a properly completed report may be cause for rejection of the invoice. Within thirty days
after receipt of final payment, the Consultant will submit a final subconsultant payment report.
The Consultant will pay all subconsultants their proportionate share of payments received from
the Department within thirty days of the consultant's receipt of payment from the Department.
The Equal Opportunity Reporting system will collect information of actual payments and
retainage paid to the Prime ConsultanUContractor by the Department of Transportation and the
Prime Consultant/Contractor's actual payments and retainage paid to their subs and suppliers,
by the type of work they performed. For access to this system, the Prime Consultant/Contractor
will need to review the Florida Department of Transportation's Computer Security lnstructions,
located at the following website:
h ttp : //www. d ot. state. f l. u s/eq u a I o p po rtu n itvoff i ce/
9.0 TENTATIVE SCHEDULE
8.5
8.6
D.4. "' -
Cut-off Date for Questions & Forms Submittal July 10,2013
Consultant lnterviews July 17,2013
Final Selection August 5,2013
Scope Clarification Meeting
(Final Selected Consultant Attendance Necessary)August 12, 2013 at 10:00 AM
Fee Package Submittal August 19,2013
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COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING PAYMENT TO NEXTEL SOUTH CORP., FOR REPLACEMENT EQUIPMENT, IN THE AMOUNT OF
$46,452, PURSUANT TO THE FCC MANDATED REBANDING PROJECT, AND AS AGREED TO IN THE
FREQUENCY RECONFIGURATION AGREEMENT EXECUTED BY THE CITY IN 2007.
lnfrastructure With Full
Data (Surveys, Environmental Scan, etc: N/A
On August 6,2004, the Federal Communications Commission ("FCC") issued Report and Order FCC 04-168 that
modified its rules governing the 800 MHz band to minimize harmful interference to public safety communications
systems. On December22,2004,the FCC issued a Supplemental Orderand Orderon Reconsideration FCC 04-294.
Pursuant to the orders, certain licensees of 800 MHz channels used in public safety or other systems must relinquish
their existing channels and relocate their systems to other licensed channels. Also pursuant to the orders, Nextel must
relinquish some of its existing channels and must provide and pay relocation funds ("Relocation Funds") to enable
affected licensees to relocate their systems onto Replacement Channels and reconfigure their systems so that they are
"Comparable Facilities". These FCC orders were commonly referred to as the SprinUNextel Rebanding Mandate.
The Mayor and City Commission approved a resolution, introduced on June 6, 2006, dealing with the Reconfiguration
Planning Phase of the project to execute a reconfiguration planning phase agreement for the reconfiguration of 800
MHz channels used in the city's public safety communications system.
On May 16,2007, the City Commission authorized the Mayor per Resolution No. 2007-26530, to execute the
Frequency Reconfiguration Agreement (FRA) for the reconfiguration of 800 MHz channels used in the city's public
safety communications system for the purpose of complying with the SprinUNextel rebanding mandate.
Section 27(c) of the FRA allows the City to refund to SprinUNextel the product typical value ("PTV") for certain items of
Replacement Equipment that corresponds to the items of Replaced Equipment that were not returned to Nextel and/or
Motorola pursuant to the terms of the FRA dated August 6,2007 . Pursuant to contract Section 27(c) and Exhibit E from
the FRA, the PTV amounts for the Replacement Equipment that corresponds to the Replaced Equipment not retumed,
are stated in the tables below:
Motorola Replacement Equipment
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City Commission authorized the
payment of $46,452, to Nextel South Corp., to cover the product typical value of the radios not returned to Nextel.
Board Recommendation:
Financia! lnformation :
Source of
Funds:
Amount Account
1 $46,452 550-1 750-000674
2
OBPI Total $46,452
Financial lmoact Summarv:
Alex Denis, Extension 6641
T:\AGENDAV0l 4\July 23\Procurement\Nextel
fiGE}IDA 1ITEM ClIYE MIAMIBTACH }ATE 7-ZT Iq556
b:MIAMI BEACH
Gty of miomi Beoch, l TOO Convenlion Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAII,II BEACH, FLORIDA AUTHORIZING PAYMENT TO NEXTEL SOUTH
CORP., FOR REPLACEMENT EQUIPMENT, !N THE AMOUNT OF $46,452,
PURSUANT TO THE FCC MANDATED REBANDING PROJECT, AND AS
AGREED TO IN THE FREQUENCY RECONFIGURATION AGREEMENT
EXECUTED BY THE CITY IN 2007.
ADMINISTRATION RECOMMENDATION
Approve payment to Nextel South Corp.
KEY INTENDED OUTCOME
Build and Maintain Priority lnfrastructure With Full accountability.
FUND!NG
550-1 750-000674
BACKGROUND INFORMATION
On August 6,2004, the Federal Communications Commission ('FCC") issued Report and
Order FCC 04-168 that modified its rules governing the 800 MHz band to minimize harmful
interference to public safety communications systems. On December 22,2004, the FCC
issued a Supplemental Order and Order on Reconsideration FCC 04-294.
Pursuant to the orders, certain licensees of 800 MHz channels used in public safety or other
systems must relinquish theirexisting channels and relocate theirsystems to other licensed
channels. Also pursuant to the orders, Nextel must relinquish some of its existing channels
and must provide and pay relocation funds ("Relocation Funds") to enable affected licensees
to relocate their systems onto Replacement Channels and reconfigure their systems so that
they are "Comparable Facilities". These FCC orders were commonly referred to as the
Sprint/Nextel Reband ing Mandate.
The Mayor and City Commission approved a resolution, introduced on June 6, 2006, dealing
with the Reconfiguration Planning Phase of the project to execute a reconfiguration planning
phase agreement forthe reconfiguration of 800 MHz channels used in the city's public safety
communications system.
On May 16,2007, the City Commission authorized the Mayor per Resolution No. 2007-
26530, to execute the Frequency Reconfiguration Agreement (FRA) forthe reconfiguration of
800 MHz channels used in the city's public safety communications system forthe purpose of
complying with the SprinUNextel rebanding mandate.
557
Commissbn Menpradum
Nextel South Corp., Repbcement Equ$nnnt Paynant
July 23,2014l;.;,1r1 l2
Section 27(c) of the FRA allows the City to refund to SprinUNextelthe product typicalvalue
("PTV") for certain items of Replacement Equipment that corresponds to the items of
Replaced Equipment that were not returned to Nextel and/or Motorola pursuant to the terms
of the FRA dated August 6,2007. Pursuant to contract Section 27(c) and Exhibit E from the
FRA, the PTV amounts for the Replacement Equipment that corresponds to the Replaced
Equipment not returned, are stated in the tables below:
Motorola Replacement Equipment
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission authorized the payment of $4,6,452, to NextelSouth Corp., to coverthe product
typical value of the radios not returned to Nextel.
JLM/JMT/AS/AD
T:\AGENDA\2014UuneUuly 23, 2014 Procurement\Nextel South Corp., Replacement Equipment (MEMO).doc
Quantity Description Model Number Unit PTV Extended PTV
21 Rebanding
Mobile
XTL2sOO RB 2,050.00 43,050.00
21 SmartZone
Ooeration
Smartzone '162.00 3,402.00
TOTAL 46,452.00
558
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AUTHORIZING PAYMENT TO NEXTEL SOUTH
CORP., FOR REPLACEMENT EQUIPMENT, !N THE AMOUNT OF $46,452,
PURSUANT TO THE FEDERAL COMMUNICATIONS COMMISSION
MANDATED REBANDING PROJECT, AND AS AGREED TO IN THE
FREQUENCY RECONFIGURATION AGREEMENT EXECUTED BY THE CITY.
WHEREAS, On August 6, 2004, the Federal Communications Commission ("FCC")
issued Report and Order FCC 04-168 that modified its rules governing the 800 MHz band to
minimize harmful interference to public safety communications systems, and subsequently, on
December 22,2004, the FCC issued a Supplemental Order and Order on Reconsideration FCC
04-294 (collectively referred to herein as "Orders"); and
WHEREAS, pursuant to the Orders, certain licensees of 800 MHz channels used in
public safety or other systems must relinquish their existing channels and relocate their systems
to other licensed channels; and
WHEREAS, pursuant to the Orders, Nextel must relinquish some of its existing channels
and must provide and pay relocation funds ("Relocation Funds") to enable affected licensees to
relocate their systems onto Replacement Channels and reconfigure their systems so that they
are "Comparable Facilities"; and
WHEREAS, these FCC Orders were commonly referred to as the SprinVNextel
Rebanding Mandate; and
WHEREAS, the Mayor and City Commission approved a resolution, introduced on June
6, 2006, dealing with the Reconfiguration Planning Phase of the project to execute a
reconfiguration planning phase agreement for the reconfiguration of 800 MHz channels used in
the City's public safety communications system; and
WHEREAS, on May 16, 2007, the City Commission authorized the Mayor, per
Resolution No. 2007-26530, to execute the Frequency Reconfiguration Agreement (FRA) for the
reconfiguration of 800 MHz channels used in the City's public safety communications system for
the purpose of complying with the SprinUNextel Rebanding Mandate; and
WHEREAS, Section 27(c) of the FRA allows the City to refund to SprinUNextel the
product typical value ("PTV") for certain items of Replacement Equipment that corresponds to
the items of Replaced Equipment that were not returned to Nextel and/or Motorola pursuant to
the terms of the FRA, dated August 6,2007. Pursuant to contract Section 27(c) and Exhibit E
from the FRA, the PTV amounts for the Replacement Equipment that corresponds to the
Replaced Equipment not returned total $46,452; and
WHEREAS, the Administration is recommending keeping the equipment and paying the
PTV value, in the amount of $46,452, as set forth in the FRA.
559
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize payment to Nextel South Corp., for the replacement equipment to
in the amount of $46,452. pursuant to the Federal Communications Commission Mandated
Rebanding Project, and as agreed to in the Frequency Reconfiguration Agreement executed by
the City.
PASSED AND ADOPTED this day of 2014.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014\July 23\Procurement\Nextel Replacement Equipment Payment- RESO.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUNON
?^l&t- r(r'.(t4-
-
-
CityAttomey .#r{?t Dote
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561
COMMISSION ITEM SUMMARY
From Non-Vehicular to Vehicular and ino) and Enhance Pedestrian
The Rails-to-Trails Conservancy (RTC) is conducting a nationwide Trail Modeling and Assessment Platform (T-
MAP) Study and has selected the City of Miami Beach as one of only 12 urban areas around the United States to
evaluate as part of this effort. RTC created this national research program to build a platform of east-to-use models
and tools based on decades of research by transportation, economics, and public health experts that will help
empower trail managers and communities to systematically plan and make the case for complete trail systems. As
part of its study, RTC is establishing non-motorized traffic monitoring stations on trails within the 12 urban areas
selected. The City's Beachwalk near 21't Street has been selected as a candidate site as a result of high
pedestrian and bicyclist activity at that location.
As part of the T-MAP study, RTC is interested in furnishing and installing, at no cost to the City, an Eoo-MULTI
automatic trail use counter valued at $5,250 for placement on the Beachwalk by 21o St. The automatic counter
would be in place for a year and provide both RTC and the City with valuable information regarding pedestrian and
bicycle use on the Beachwalk and the benefits to users and the built environment - data which the City can use to
plan, monitor, and evaluate existing and future segments of the Beachwalk, Baywalk, and other shared-use paths
throughout the City.
The data and information that would be obtained as a result of the City's participation in the RTC T-MAP study will
help staff more effectively plan, monitor, and evaluate existing and future segments of the Beachwalk, Baywalk,
and other shared-use paths throughout the City. Additionally, the data will be useful in documenting the current use
of the Beachwalk and quantifying the benefits of non-motorized shared-use paths to users and the built
environment. Staff believes that participating in this national program will enhance the City's position to pursue
potential grant opportunities at the state and federal level to construct future segments of the Beachwalk, Baywalk,
and other non-motorized shared-use paths in the City. While the Administration has some concerns with the stated
terms and conditions in Attachment A, staff believes that these concerns can be addressed and will work with the
Rails-To-Trails Conservancy to reach a mutual agreement.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION
Advisorv Board Recommendation :
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
Total
Financial lmpact Summary:
Condensed Title:
A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Authorizing The
City Manager To Negotiate And To Execute An Agreement Providing For The City's Participation !n The
Rails-To-Trails Conservancy's Trail Modeling and Assessment Platform Study, Subject To City Attorney's
Of The Terms and Conditions Of Said Aqreement.
Key lntended Outcome Supported: Commission A Comprehensive Mobility Plan Which Gives Priority Recommendations
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2014 City of Miami Beach Community
Satisfaction Final Report, Half of residents claim that there were too few bike paths/lanes. South Pointe and South
Beach & Belle lsle residents (56%) were most likely to think there were too few bike paths/lanes. ln 2014 11o/o ol
Item Summary/Recommendation :
Jose R. Gonzalez, Ext. 6768
Department Director Assistant lfity Manager \lCity Manager
JRG -\Z-6-KcB a14{#_JLM )y\^
I
I
AGE''|DA rrilfr c-7 zMIAMI BHACH oAre'7-e5-l?562
g MIAMI BEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
July 23,2014
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND TO EXECUTE AN AGREEMENT PROVIDING
FOR THE CITY'S PARTICIPATION IN THE RAILS.TO.TRAILS CONSERVANCY'S
TRAIL MODELING AND ASSESSMENT PLATFORM STUDY, SUBJECT TO CITY
ATTORNEY'S APPROVAL OF THE TERMS AND CONDITIONS OF SAID
AGREEMENT.
BACKGROUND
The Rails-to-Trails Conservancy (RTC) is conducting a nationwide Trail Modeling and
Assessment Platform (T-MAP) Study and has selected the City of Miami Beach as one of only 12
urban areas around the United States to evaluate as part of this effort. RTC created this national
research program to build a platform of east-to-use models and tools based on decades of
research by transportation, economics, and public health experts that will help empower trail
managers and communities to systematically plan and make the case for complete trail systems.
As part of its study, RTC is establishing non-motorized traffic monitoring stations on trails within
the 12 urban areas selected. The City's Beachwalk near 21't Street has been selected as a
candidate site as a result of high pedestrian and bicyclist activity at that location.
As part of the T-MAP study, RTC is interested in furnishing and installing, at no cost to the City,
an Eco-MULTI automatic trail use counter valued at $5,250 for placement on the Beachwalk by
21't St. The automatic counter would be in place for a year and provide both RTC and the City
with valuable information regarding pedestrian and bicycle use on the Beachwalk and the benefits
to users and the built environment - data which the City can use to plan, monitor, and evaluate
existing and future segments of the Beachwalk, Baywalk, and other shared-use paths throughout
the City.
To participate in this program, the RTC is requesting that the City agree to the conditions provided
in Attachment A, which include partnering with RTC to promote T-MAP through local/regional
media outlets. Please refer to the attached fact sheet (Attachment B) for a more comprehensive
description of T-MAP.
RECOMMENDATION
The data and information that would be obtained as a result of the City's participation in the RTC
T-MAP study will help staff more effectively plan, monitor, and evaluate existing and future
segments of the Beachwalk, Bayualk, and other shared-use paths throughout the City.
Additionally, the data will be useful in documenting the current use of the Beachwalk and
quantifying the benefits of non-motorized shared-use paths to users and the built environment.
Staff believes that participating in this national program will enhance the City's position to pursue
TO:
FROM:
DATE:
e City Comm
563
Discussion Regarding Segway Ordinance
July 25,2014
Page2 of 2
potential grant opportunities at the state and federal level to construct future segments of the
Beachwalk, Baywalk, and other non-motorized shared-use paths in the City. While the
Administration has some concerns with the stated terms and conditions in Attachment A, staff
believes that these concerns can be addressed and will work with the Rails-To-Trails
Conservancy to reach a mutual agreement.
The Administration recommends that the Mayor and City Commission approve the Resolution
authorizing the City Manager to negotiate and execute an agreement providing for the City's
participation in the Rails-To-Trails Conservancy's Trail Modeling and Assessment Platform Study,
subject to the City Attorney's approval of the terms and conditions of said agreement.
Attachments:
A: Trail Modeling and Assessment Platform Terms and Conditions
B: Trail Modeling and Assessment Platform Fact Sheet
AAI,,f'11 s3
](GB/JRG
564
Attachn:ent A
National Headquarters
212.tWard Courl, NW 5th Floor
Washington, DC 20037
tel 202.331.9696fax 201.7233257
wunv.rai lstotra ils.org
rails.to.trailg
con$ervancy
Attachment A
The parties hereby agree as follows:
1. On or before July 14th, 2014, Rails-to-Trails Conservancy (RTC) will provide the City
with one Eco-MULTI counter.
2. The counter will be installed on the Atlantic Trail near 21$ Street (rending attached) by
July 21st, 2014 and shall remain in place until at least July 23rd, 2015. RTC is
responsible for arranging for the installation and maintenance of the counter. By
acceptance of this grant, the City will allow the counter to be installed on the trail.
3. RTC assumes all risk and expense for the installation, presence, and maintenance of
counter on the trail property. RTC will not be responsible for any liability associated
with the installation, maintenance, or presence of the counter on the trail property, or
damage to the counter or for any theft of the counter. RTC's contractor will provide
general liability policy naming the City and an additional insured. The City agrees to
indemnify RTC for any liability associated with the installation, maintenance or
presence of the counter on trail property.
4. The City shall bear sole responsibility for any damage sustained to the counter from
theft, vandalism, act of God, or any cause whatsoever.
5. The City will promptly inform RTC of any removal of or damage to the counter. RTC
will be solely responsible for the costs of repairing the counter in the event it is
damaged prior to July 23rd, 2015.
6. The City and RTC with share all rights and access to data collected by the counter so
long as the counter remains installed on the trail.
7. All parties may promote the data collection effort through local and national media
outlets, websites and other means. All electronic and printed materials will
acknowledge Rails{o-Trails Conservancy as a sponsor of the data collection effort. All
communications regarding the counter, or using RTC's name or trademarks, must be
submitted for prior review and approval by RTC's representative.
lf the terms and conditions set forth above accurately reflect our understanding, please signify
your approval by signing in the appropriate space below and returning one fully executed copy
for our files.
ACCEPTED AND AGREED:
Rails-to-Trails Conservancy
BY:
The Gity of Miami Beach
BY:
lsi
I BBBilffi fr
a mrnlcr of Earth slure.
DATE:DATE:
565
Attachment B
here are more than 21,000 miles of rail-trails in rural, suburban
and urban communities. 'We are now on the verge of linking
many of these trails to form expansive networks, which will
connect people and destinations across the country.
Decision-makers give considerable credence to quantitative methods for
planning and prioritizing transportation investments. Such forecasting
tools have been used in the highway planning process for decades, but
have only recently begun to be developed for trail, bicycle and pedestrian
investments. As a result, road projects are defined as needs, while trail
projects are often considered amenities.
The three components of the proposed platform are data collection, ana-
lytical models, and communication of outcomes. An advisory committee
comprised of leading researchers and practitioners from transportation,
health, and economics will oversee T-MAPI development to ensure that
each platform component is both accurate and credible.
The core of the platform is a suite of general andytical models that can
be used independently for a specific purpose or in concert, depending
upon the needs of a communiry. There are three core models:
. A Gls-based method for measuring trail qystem connectivity
A trail use demand factoring and forecasting model
A set of impect assessment tools that translate trail use into
dollars related to health and transportation impacc.
a
a
T.MAP
The Trail Modeling and Assess-
ment Platform (T-MAP) is a $1.2
million, three-year initiative to
create the next generation of
trail planning data collection
instruments, methodologies and
analysis tools.
Forthe f irsttime, the trail movement
will have access to sophisticated
analytical tools similar to those
that have traditionally been used
in the development of road
projects. T-MAP will empower
our movement with a powerful
suite of tools that will permit
us to demonstrate convincingly
how trail investment can create
healthier places for healthier
people.
rails.to.trails
conservancy
566
Geographic Data
Models are only as good as the data available to cali-
brate them, however. The platform includes a set of
data collection instruments that will set a next-gener-
ation standard for active transportation research. To
develop T-MAP, Rails-to-tails Conservancy (RTC)
will collect dam on trail use and trail users in 12 urban
areas throughout the U.S.
\Vhile the foundation ofT:MAP is data, and the core is
sophisticated modeling, the usefulness and reach of the
platform can only be maximized through communica-
tions tools and products for understanding, explaining
Proposed Study Areas
f Albuquerque, NM
f attttngs, ur
f cotoraoo springs, co
* Fort ! /ortl, TX
* lndianapolis, lN
f uiami, ru
* Minnoapolis, MN
f New Orleans, LA
* Portand, ME
f San Diegp, cA
f seattre, u
f Wasnington, DC & Arlington, VA
and persuading. Storytelling and compelling commu-
nications product will be a key component ofT-MAP
in order to reach key audiences. Communities will be
able to convert model output into tables, graphs and
factsheets.
Project Year 1 and 2: Data collection and creation
of modeling and assessment tools.
Project Year 3: Initial deployment of T:MAP with
trail building partners.
rails.to.trails
\f
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For more information, contact: Itacy Hadden Loh at 202.974,5110
Rails-to-Trails Conservancy (RTC) is a nonprofit organization based in Washington, D.C., serving as
the national voice for more than 'l 50,000 members and supporters.
National Office / 2121 Ward Court, NW / 5th Floor / Washington, DC 20037
main 202.331 .9696 I fax 202.223.9257 / www.railstotrails.org conservancy
567
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568
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEAGH, FLORIDA, APPROVING AND AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE AN AGREEMENT, PROVIDING FOR THE
CITY'S PARTICIPATION IN THE RAILS.TO.TRAILS CONSERVANCY'S TRAIL
MODELING AND ASSESSMENT PLATFORM STUDY, SAID AGREEMENT
BEING SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXEGUTE THE AGREEMENT UPON
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, the Rails-to-Trails Conservancy (RTC) is conducting a nationwide Trail Modeling
and Assessment Platform (T-MAP) Study and has selected the City of Miami Beach as one of only 12
urban areas around the United States to evaluate as part of this effort); and
WHEREAS, RTC created this national research program to build a platform of east-to-use
models and tools based on decades of research by transportation, economics, and public health
experts that will help empower trail managers and communities to systematically plan and make the
case for complete trail systems; and
WHEREAS, as part of its study, RTC is establishing non-motorized traffic monitoring stations
on trails within the 12 urban areas selected; and
WHEREAS, the City's Beachwalk near 21"1 Street has been selected as a candidate site as a
result of high pedestrian and bicyclist activity at that location; and
WHEREAS, as part of the T-MAP study, RTC is interested in furnishing and installing, at no
cost to the City, an Eco-MULTI automatic trail use counter valued at $5,250 for placement on the
Beachwalk by 21't St.; and
WHEREAS, the automatic counter would be in place for a year and provide RTC and the City
with valuable data regarding pedestrian and bicycle use on the Beachwalk and the benefits to users
and the built environment, which data the City can use to plan, monitor, and evaluate existing and
future segments of the Beachwalk, Baywalk, and other shared-use paths throughout the City; and
WHEREAS, to participate in this program, the RTC is requesting that the City agree to the
conditions set forth in the attached "Attachment A"; however, a final agreement shall be reviewed and
approved by the City Attorney and include the following modifications: 1. the City shall determine the
location of the counter; and 2. the RTC shall assume the risk of loss or damage to the counter.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and
authorize the Administration to negotiate an agreement, providing for the City's participation in the
Rails{o-Trails Conservancy's Trail Modeling and Assessment Platform Study, said agreement being
subject to approval by the City Attorney; and further authorize the City Manager to execute the
agreement upon successful negotiations by the Administration.
PASSED AND ADOPTED this day of
ATTEST:
2014.
Rafael E. Granado, City Clerk
T:\AGENDA\201 4\J uly\Rails to Trails - Resolution.docx
Philip Levine, Mayor
APPROVED AS TO
FORi/l & IANGUAGE
(-
569
R5
ORDINANCES
570
COMMISSION ITEM SUMMARY
Gondensed Title:
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,'ByAmending 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 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.
Kev lntended Outcome Supported: Enhance Pedestrian Safety Universally.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012Miami Beach Community
Satisfaction Survey Final Report, nearly half of residents (48%) claimed they would ride bicycles; 48% of residents
believe there are too few bike oaths/lanes.
Item
On October24,2012, the CityCommission 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. Pre-existing code provisions
prohibit motorized means of transportation, except for wheelchairs or other motorized means of transportation, when used by
disabled persons in, or any portion of Lincoln Road Mall from the west sidewalk of Washington Avenue to the east sidewalk of
AltonRoad. ResolutionNo.20l2-2804'1 adoptedAdministrativeRulestoaddresselectricpersonal assistivemobilitydevices
within the City and setforth various responsibilities for a) persons and business entities providing rentals, leases, and/ortours
of electric personal assistive mobility devices, and b) operators of electric personal assistive mobility devices.
Pursuant to Ordinance 2014-3862 adopted on May 21,2014, the City Code regulations in Section 70-67 were amended to
prohibit motorized means of transportation, except for motorized wheelchairs when used by disable persons, in the following
additional areas:. Beachwalk between 15h and 23d Streetso Beachwalk between 64h and 79h Streets. Beachwalk south of Sth Streeto Lummus Park Promenade between Sth and 156 Streets. Sidewalks on the east side of Ocean Drive between South Pointe Drive and 1sth Street. South Pointe Park cutwalk adjacent and parallel to Government Cuto Marina Baywalk adjacent and parallel to Biscayne Bay and South of Sth Street
Following is a summary of the amendments to this Ordinance approved at First Reading:o Section 70-67 entitled "Prohibited Activities" was amended at First Reading to add subsection (h) asfollows: ltshall
be unlawful to ooerate any motorized device defined as a vehicle in section 316.003. Fla. Stat. and anv motorized
means of transoortation. exceot for motorized wheelchairs when used by disabled oersons. on anv street or road
that is closed to motor vehicle traffic bv the Police Deoartment for events duilno hioh imoact oeriods. as such
oeriods are annuallv desionated bv the citv manager and defined in Section 46-92(qX1Xb).
. Section 70-70, entitled "Responsibilities of persons and business entities providing rentals, lease, and/or tours of
electric personal assistance devices,'was amended at First Reading to provide revised language in subsection (b)
as follows: Provide a minimum of $1 ,000.000 in commercial qeneral liability insurance coveraoe. including bodilv
iniurv and orooertv damaqe. form an insurance comoany that is Best Guide rated B+ Vl or better. that includes
medical oayment coveraoe no less than $5.000 for anv iniured oersons. and that includes the Citv of Miami Beach
as an additional named insured. a waiver of subrooation clause. and shall soecifically cover third oarty damaoes
resultinq from the ownership. maintenance. and/or use of the electric oersonal assistive mobilitv devices. however
caused. and shall not have a clause excludino losses resultinq therefrom.
The Administration is in the process of fabricating the regulatory signs and anticipates completing the installation of such signs
in all prohibited areas, including interior pathways of parks, beachwalk, baywalk, cutwalk, and pedestrian areas by the end of
August. Additional potential regulations suggested by residents at the May 21,2014 City Commission meeting will be
discussed at the NCAC meeting on July 25,2014 and the recommendations will be brought back to City Commission for
further consideration.
THE ADMINISTRATION RECOMMENDS THAT THE ORDINANCE BE ADOPTED ON SECOND READING.
Financial lnformation :
Source of
Funds:
Amount Account
1
OBPI Total
Financial lmoact Summarv: None.
Jose R. Gonzalez X6768
ANIAAAIB 571
g MIAMI BEACH
City of llliomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Mem of the
Jimmy L. Morales, City Ma
July 23,2014
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF
THE CITY OF MIAM! BEACH, ENTITLED "MISCELLANEOUS OFFENSES,
BY AMENDING ARTICLE It, ENTITLED "PUBLIC PLACES," BY
AMENDING DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING,
ROLLER SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SECTION 70.67, ENTITLED..PROH!BITED ACTIVITIES" TO PROHIBIT MOTORIZED DEVICES
DEFINED AS A VEHICLE IN SECTION 316.003, FLA. STAT., AND
MOTORIZED MEANS OF TRANSPORTATION ON ANY STREET OR ROAD
CLOSED TO MOTOR VEHICLES BY THE POLICE DEPARTMENT FOR
EVENTS DURING HIGH IMPACT PERIODS; 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,.RESPONSIBILIT!ES 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 AMENDTNG THE TIME TO AppEAL
VIOLATIONS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this Ordinance be adopted on second 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. The cost associated
TO:
FROM:
DATE:
READING
PUBLIC HEARING
572
Commission Memorandum - Ordinance Prohibiting Motortzed Means of Transportation on Beachwalks
July 23, 2014
Page 2
with the fabrication and installion of new regulatory signage on the Beachwalk, Baywalk,
Cutwalk, interior pathways of parks, Lincoln Road Mall, and other pedestrian areas where
motorized means of transportation is prohibited is anticipated to be funded through the
affected departments' operating budgets.
FIRST READING AMENDMENTS
Following is a summary of the amendments to this Ordinance approved at first reading:
. Section 70-67 entitled "Prohibited Activities" was amended at First Reading to add
subsection (h) as follows: lt shall be unlaMul to operate anv motorized device
defined as a vehicle in section 316.003. Fla. Stat. and anv motorized means of
transportation. except for motorized wheelchairs when used bv disabled persons.
on anv street or road that is closed to motor vehicle traffic bv the Police
Department for events durinq hiqh impact periods. as such periods are annuallv
desiqnated bv the citv manaoer and defined in Section 46-92(oX1Xb).
. Section 70-70, entitled "Responsibilities of persons and business entities
providing rentals, lease, and/or tours of electric personal assistance devices," was
amended at First Reading to provide revised language in subsection (b) as
follows: Provide a minimum of $1,000.000 in commercial qeneral liabilitv
insurance coveraoe. includino bodilv iniurv and orooertv damaoe. form an
insurance companv that is Best Guide rated B+ Vl or better. that includes medical
pavment coveraoe no less than $5.000 for anv iniured persons. and that includes
the Citv of Miami Beach as an additional named insured. a waiver of subrooation
clause. and shall specificallv cover third partv damaqes resultino from the
ownership. maintenance. and/or use of the electric personal assistive mobilitv
devices. however caused. and shall not have a clause excludinq losses resultinq
therefrom.
BACKGROUND
ln 2007, the City of Miami Beach (City) adopted the Atlantic Greenway Network (AGN)
master plan to create a safer environment for pedestrians and bicyclists. The AGN
proposed a comprehensive network of pedestrian and bicycle facilities that provide direct
access to important destinations within the City, linking residential neighborhoods,
commercial centers, and parks. The Beachwalk and Baywalk are major components of
the AGN system and facilitate the use of alternative and sustainable forms of
transportation throughout the City.
The dense urban environment of Miami Beach leads to a high percentage of users
competing for public space, including pedestrian pathways and sidewalks. Recently, the
use of Electric Personal Assistive Mobility Devices (also known as Segways), has
increased on the City's Beachwalk and sidewalks. 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.
HISTORY REGARDING REGULATIONS
On October 24,2012, the City Commission passed and adopted Ordinance No. 2012-
3780 and Resolution No. 2012-28041 which provided various regulations concerning
Segways. The Ordinance amended Chapter 70, Article ll, Division 2 of the City Code, and
573
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
July 23, 2014
Page 3
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 sidewalks on the west side of
Ocean Drive between South Pointe Drive and 1Sth Street. Pre-existing code provisions
prohibit motorized means of transportation, except for wheelchairs or other motorized
devices, when used by disabled persons in, on, or upon any portion of Lincoln Road Mall
from the west sidewalk of Washington Avenue to the east sidewalk of Alton Road.
Resolution No. 2012-28041 (Attachment A) adopted Administrative Rules to address
electric personal assistive mobility devices. The Administrative Rules are provided for
and referenced in Sections 70-69 and 70-70 of the City Code. 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 attached hereto as Attachment
A.
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 and 45th Streets, except when required by
disabled persons, strollers, or as required by fire, police, ocean rescue, or other city
employees and agents as may be authorized by the City Manager.
Pursuant to Ordinance 2014-3862 adopted on May 21, 2014, the City Code regulations in
Section 70-67 were amended to prohibit motorized means of transportation, except for
motorized wheelchairs when used by disabled persons, in the following additional areas:
o Beachwalk between 15th and 23'd Streets. Beachwalk between 64th and 79th Streets. Beachwalk south of Sth Streeto Lummus Park Promenade (also known as the Lummus Park Serpentine
Walkway) between Sth and 15th Streets. Sidewalks on the east side Of Ocean Drive between South Pointe Drive and 1Sth
Streeto South Pointe Park cutwalk adjacent and parallel to Government Cut. Marina Baywalk adjacent and parallel to Biscayne Bay and South of 5th Street
Attachment B depicts a map of the City's coastal pathways, both existing and planned,
where "motorized means of transportation" are prohibited by the City Code and by U.S.
Code provisions applicable to federally funded segments of the Beachwalk.
On June 11,2014, City Commission adopted Ordinance No. 2014-3881 which prohibited
the operation of bicycles on Lincoln Road Mall between 9:00 am and 2:00 am. Ordinance
2014-3881 also amended the definitions in Division 2 of Article ll of Chapter 70 of the City
Code to define "motorized means of transportation" to include "electric personal assistive
mobility devices" and all other devices and means of transportation propelled other than
by human power, such as motorized skateboards and skates, but not those devices
defined as a "vehicle" under state law. Devices defined as a "vehicle" under state law,
such as mopeds, motorized scooters, and motorized bicycles are already prohibited on
bicycle paths, sidewalks, and sidewalk areas under state law and are enforced by the
574
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
July 23, 2014
Page 4
City's Police Department as noncriminal infractions punishable as moving violations
under Section 316.1995 of the Florida Statutes.
Violations of Section 70-67 (concerning prohibited areas and activities for operators of
motorized means of transportation) and Sections 70-69 (a)-(c) (concerning prohibited
areas and activities for operators of skateboards, bicycles, skates, and electric personal
assistive mobility devices) are also enforced by the City's Police Department, but are
deemed non-criminal infractions, punishable under state law.
Violations of Sections 70-69(d)-(e) and 70-70 are generally non-moving violations and are
enforced by Code compliance officers. These violations are punished by civil fines based
upon the severity of the violation. Violators may either pay the required fine or timely
appeal the violation to the Special Master. These violations concern the safety related
practices of businesses that provide rentals and tours of electric personal assistive
mobility devices, such as providing minimum insurance requirements, providing the City's
map of prohibited areas of operation to renters, affixing identifying information on the
devices, providing training to renters on the operation of the devices, age and weight
restrictions for renters, providing tours only between sunrise and sunset, not renting
unsafe devices onto persons believed to be intoxicated, and promptly reporting accidents
of leased devices. The responsibilities of operators of the devices include reporting
accidents with pedestrians, to only operate such devices between sunrise and sunset,
and not to operate such devices during inclement weather.
To further address safety concerns and accidents already experienced in the City, the
proposed amendments to Chapter 70 are necessary. Specifically, many accidents and
collisions between motorized means of transportation and pedestrians have occurred on
the City's sidewalks and bicycles paths. ln addition, during high impact periods when
pedestrian traffic can increase by the thousands, it is unsafe for any vehicle or motorized
means of transportation to operate on streets closed to motor vehicle traffic by the Police
Department for events because such closed streets are then utilized by dense pedestrian
traffic. After careful consideration, and research, and input from the community, the
Administration has proposed Code amendments which incorporate the Administrative
Rules into the City Code and which include stricter penalties for insurance violations for
business entities providing rentals, leases, and/or tours.
During the second reading of Ordinance 2Q14-3862 on May 21,2014, City Commission
referred residents' suggestions to the Neighborhood and Community Affairs Committee
(NCAC). Some of the suggestions provided by the residents are currently covered and
enforceable under recently approved Code amendments. Please see below the residents'
suggestions and the Administration's response to each:
. Suqqestion: Prohibit motorized means of transportation on the boardwalk and
pedestrian sidewalk.
Response: (Sec. 70-67(c)), amended May 21, 2014. This item will also be
referred to NCAC for further discussion, input, and direction.. Suqqestion: 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 amendments cover this suggestion in sections 70-70(a),70-
70(b), 70-70(c), and 70-70(e).. Suoqestion: Expand existing insurance requirement to include annual furnishing
575
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportafion on Beachwalks
July 23,2011
Page 5
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.o Suoqestion: 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: 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 I mph.o Suqqestion: Add an annual application for the issuance of a unique numbered
license plate for each motorized vehicle. (Sec. 70-70 (g)).
Response: Under section 70-70(9), 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.
o Suqqestion: Add a 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.
RECOMMENDATION
!n the interest of public safety and in response to public input, the Administration is
recommending that the additional safety regulations prohibiting "motorized means of
transportation" and "vehicles" on streets closed for events during high impact periods in
the City be adopted. ln addition, the City's Administrative Rules that concern operators of
and businesses that rent, lease or provide tours of electric personal assistive mobility
devices should be incorporated into the City Code, as well as the amended penalties and
appeal requirements.
The Administration is in the process of fabricating the regulatory signs and anticipates
completing the installation of such signs in all prohibited areas, including Lincoln Road
Mall, interior pathways of parks, Beachwalk, Baywalk, Cutwalk, and other pedestrian
areas by the end of August 2014. The cost associated with the fabrication and
installation of new regulatory signage in the areas prohibited to motorized means of
transportation is not significant and is anticipated to be funded through the affected
departments'operating budgets. Additionally, as aforementioned stated, the additional
potential regulations suggested by residents at the May 21, 2014 City Commission
meeting will be discussed at the NCAC meeting on July 25, 2014 and the
recommendations will be brought back to City Commission for further consideration.
Attachments:
A: Resolution No. 2012-28041
#r,#J:
of Prohibited Areas for Motorized Means of rransportation
T:\AGENDAr2014uuly\Ordinance Prohibiting Motorized Means Of Transportation MEMO second reading.doc
576
Attachment A
I
RESoLUToN No.i 2012-28041 i
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING
ADMINISTRATIVE RULES FOR CHAPTER 70, ENTITLED,.MISCELLANEOUS OFFENSES", ARTICLE II, ENTITLED
"PUBLIC PLACES," DIVISION ll, ENTTTLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN.LINESKATING, AND MOTORIZED MEANS
TRANSPORTATION," OF THE MIAMI BEACH CITY GODE,
AS PROVIDED FOR IN SECTIONS 70.69 AND 70.70 OF
THE CITY CODE.
WHEREAS, on October 24,2012, the Mayor and the City Commission of the City Code
of Miami Beach adopted Ordinance No. 2012-3780 amending Chapter 70, Article 2, Division ll
of the City Code regarding the regulation of bicycling, skate boarding, roller skating, in-line
skating, and motorized means of transportation, and among other things, providing for the
establishment of Administrative Rules regarding a) the responsibilities of persons and business
entities providing rentals leases and/or tours of electric personal mobility devices and b) the
responsibilities of persons operating electric personal mobility devices; and'
.
WHEREAS, the following Administrative Rules, as provided for in Sections 70-69 and
70-70 of the City Code, set forth regulations for the use and operation of electric personal
assistive mobility devices and are established.in the interest of safety within the City of Miami
Beach:
l. Resoonsibilities of Persons and Business Entities Providinq Rentals. Leases. and/or Tours of
Electric Personal Assistive Mobilitv Devices:
a) The insurahce required pursuant to Section 70-7(b) of the City Code shall be
obtained from an insurance company that is Best rated of B+ Vl, or better, and shall
include medical payment coverage no less than $25,000 for any injured persons and
a rninimum of $1,000,000.00 in liability insurance coverage that includes any and all
tenters/lessees as named or additional insureds.
b) The name and telephone numbers of the person or business entity that rents/leases
and/or provides tours for electric personal assistive mobility devices, as well as a
device lD number, shall be affixed on the personal assistive mobility device with
lettering and numbers at least 4" in height
c) Prior to renting or: leasing an electric personal assistive mobility device, the user of
the device must be trained as to the safe operation of the device,
d) Accidents regarding electric personal assistive mobility devices shall be promptly
reported to the Miami Beach Police Department and Miami Beach Fire Rescue.
e) The City Code and these Administrative Rules shall be posted in a conspicuous
place of any business entity renting/leasing and/or providing tours for electric
personal assistive mobility devices.
577
il.
0 Electric assistive personal mobility devices shall not be leased, rented, or used for
tours after sunset or before sunrise or during inclement weather.
g) Electric personal assistive mobility devices shall not be put into service for use by the
public when it is suspected that the device is unsafe.
h) Electric personal mobility devices shall not be leased or rented to a person who is' believed to be incompetent to operate the device or who might be recklessly'. indifferent to the safety of others.
i) Electric personal assistive mobility devices shall not be rented or leased to, or used
for tours by, any person under the age of 16 or under 100 pounds in weight.
Resoonsibilities of Operatgrs of Electric Personal Assistive Mobilitv Devices
a) lf an operator has an accident with a pedestrian or other person, the operator must
immediately report the accident to the Miami Beach Police Department and Miami
Beach Fire Rescue. ln addition, the operator must i) remain on the scene until a
police officer arrives, ii) identify himself/herself to the victim and to the police officer,
and iii) provide to the victim and the police officer the name of the person or business
that leased or rented the device.
. b) .Operators of personal assistive mobility devices shall not operate the device in a
reckless manner, nor shall the operator obstruct or endanger pedestrian or vehicular
traffic.
c) Electric personal assistive mobility devices shall not be operated after sunset or
before sunrise or during inclement weather.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, that the foregoing Administrative
Rules regarding the rental, lease, tours, and operation of electric personal assistive mobility
devices are hereby approved and adopted.
PASSED AND ADOPTED this tl6a"v of October, 2012.
APPROVED AS TO
FOBI.il & LANGUAGE
ATTEST:
F:\ATTO\TURI.I\RESOS\Segway Administration Rules
& FOR EXECUTION
578
g AATAMTBEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY
FROM:
DATE:
SUBJECT:RESOLUTION ADOPTING ADMINISTRATIVE RULES FOR
GHAPTER 70, ARTICLE II, DIVISION II, OF THE MIAMI BEACH
CITY CODE ENTITLED *BICYCLING, SKATEBOARDING, ROLLER
SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION AS PROVIDED FOR IN SECTION 70.69 AND
70-70 0F THE CITY CODE.
The attached Resolution sets forth Administrative Rules that address electric personal
assistive mobility devices. Administrative Rules are provided for in Sections 70-69 and 70-70 of
the City Code, which sections were amended pursuant an Ordinance passed and adopted at the
October 24, 2012 City Comniission meeting. The attached Resolution is submitted for
consideration by the Mayor and City Commission as a companion agenda item to the Ordinance
amending Chapter 70 of the City Code.
The Administrative Rules provide regulations, in addition to those set forth in the City
Code, for the safe operation of electric personal assistive mobility devices within the City and set
forth various responsibilities for a) persons and business entities providing rentals, leases, and/or
tours of electric personal assistive mobility devices and b) operators of electric personal assistive
mobility devices.
a
Agenda ltem R'.lE.
COMMISSION MEMORANDUM
TO:MAYOR MATT! HERRERA BOWER,
MEMBERS OF THE CITY COMMISSION
KATHIE BROOKS, INTERIM MANAGER
JOSE
GITY A
OCTOBER 24,
F:\Afi O\TU RN\COMMMEMO\Segway.doc
Date__]O-iV- tL.
579
Wfr
Attachment B
Collins Park
South Pointe Park
Path: Ml$CMB\GlS\Projects\14-SegwayProhibitedAreas\ArcN,1ap\Segway (revised).mxd580
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE
OF THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMEND!NG ARTICLE II, ENTITLED "PUBLIC PLACES,"
BY AMENDING DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING,
ROLLER SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SECTION 70-67, ENTITLED..PROHIBITED ACTIVITIES" TO PROHIBIT MOTORIZED DEVICES
DEFINED AS A VEHICLE !N SEGTION 316.003, FLA. STAT., AND
MOTORIZED MEANS OF TRANSPORTATION ON ANY STREET OR
ROAD CLOSED TO MOTOR VEHICLES BY THE POLICE DEPARTMENT
FOR EVENTS DURING HIGH IMPACT PERIODS; BY AMENDING
SECTION 70.69, ENTITLED "RESPONSIBILITIES OF BICYCLISTS,
SKATERS, AND PERSONS OPERATING ELECTRIG 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 DEVIGES," BY AMENDING
THE RESPONSIBILITIES SET FORTH THEREIN; BY AMENDING
SECTION 70-71, ENTITLED "ENFORCEMENT; PENALTIES," TO AMEND
AND PROVIDE ADDITIONAL PENALTIES FOR VIOLATIONS OF
sEcTtoNS 70-69(D)-(E) AND 70-70, AND AMENDTNG THE TIME TO
APPEAL VIOLATIONS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to
encourage the safe use of sidewalks and bicycle paths in the City; and to facilitate and balance
the health, safety, and welfare interests of bicyclists and pedestrians, utilizing bicycle paths,
sidewalks, and sidewalk areas in the City; and
WHEREAS, the City of Miami Beach is an international tourist destination that attracts
visitors from around the world year round which thereby significantly increases the use and
congestion of the City's bike paths, sidewalks, and pedestrian ways; and
WHEREAS, Section 316.2068(5) of the Florida Statutes was amended, effective July 1,
2012, to provide that a "municipality may regulate the operation of electric personal assistive
mobility devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the
governing body of the...municipality determines that regulation is necessary in the interest of
safety"; and
WHEREAS, Section 316.008 of the Florida Statutes authorizes local governments to,
among other things, regulate traffic by means of police officers, restrict the use of streets,
prohibit or regulate the use of heavily traveled streets by any class or kind of traffic found to be
incompatible with the normal and safe movement of traffic, and regulate persons upon skates,
coasters, and other toy vehicles; and
581
WHEREAS, mopeds, motorized scooters, and motorized bicycles are defined as
vehicles in Section 316.003 of the Florida Statutes: and
WHEREAS, Section 70-66 of the City Code defines motorized means of transportation
as any devices or means of transportation which are propelled other than solely by human
power and includes, but is not limited to, electric personal assistive mobility devices, motorized
skateboards, motorized skates, and any other motorized device not defined as a vehicle in
Section 316.003 of the Florida Statutes; and
WHEREAS, due to the significant increase in population and the intense demand placed
upon City rights-of-way for events held during high impact periods in the City, streets and roads
may be closed to motor vehicle traffic by the Police Department and such closed streets and
roads are then utilized by a high concentration of pedestrians; and
WHEREAS, in the interests of public safety and the normal and safe movement of
pedestrian traffic, whenever streets and roads are closed to motor vehicle traffic by the Police
Department for events during high impact periods, such streets and roads should also be closed
to motorized devices defined as a vehicle in the Florida Statutes and motorized means of
transportation defined in the City Code, except for motorized wheelchairs used by disabled
persons; and
WHEREAS, due to the safety concerns and injuries already experienced on
sidewalks and bike paths in the City, the Mayor and City Commission determine that it is in the
interest of public safety that electric personal assistive mobility devices, and other motorized
means of transportation, be regulated as provided in Division 2 of Article ll of ChapterT0 of the
City Code and prohibited in the areas set forth in Section 70-67 of the City Code; and
WHEREAS, pursuant to Resolution No. 2012-28041, Administrative Rules regulating
businesses that lease, rent, or provide tours for electric personal assistive mobility devices and
the persons that operate such devices were adopted by the City Commission in the interest of
safety; and
WHEREAS, the regulations set forth in the Administrative Rules should be incorporated
into the City Code in the interest of safety, along with other regulations concerning electric
personal assistlve mobility devices, and the enforcement, penalty, and appeal provisions
relative to violations of such regulations should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA, THAT GHAPTER 70, ARTICLE II OF THE CODE
OF THE CITY OF MIAMI BEAGH IS AMENDED AS FOLLOWS:
SECTION 1. That Division 2 of Article ll of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 70
MISGELLANEOUS OFFENSES
ARTICLE ll. Public Places
***
582
DIVISION 2. Bicycling, Skateboarding, Roller Skating, ln-Line Skating,
and Motorized Means of Transportation
Sec. 70-67. Prohibited activities.
ID lt shall be unlawful to operate anv motorized device defined as a vehicle in
section 316.003, Fla. Stat. and anv motorized means of transportation, except for
motorized wheelchairs when used bv disabled persons, on anv street or road that
is closed to motor vehicle traffic bv the Police Department for events durinq hiqh
impact periods. as such periods are annuallv desiqnated bv the cltv manaqer and
defined in Section 46-92(qX1Xb).
Sec. 70-69. Responsibilities of bicyclists, skaters, and persons operating electric
personal assistive mobility devices.
(a) lt shall be unlawful for any person to engage in bicycling, skateboarding, in-line
skating, roller skating, or operating electric personal assistive mobility devices in
the following areas, except for electric personal assistive mobility devices when
used by disabled persons in the areas set forth in (aX1):
(1) On the grounds of any public facility including, but not limited to, city hall,
municipal parking garages, city police and fire stations, city public works
yards, and historically designated properties.
(2) On any public walls, ramps, fountains, or other fixtures or structures.
(b) Bicycles shall not be chained or othenuise secured to any tree, fixture, or object
which is not a bicycle rack on any portion of Lincoln Road or Ocean Drive.
(c) Whenever any person is riding a bicycle, skateboarding, in-line skating, roller
skating, or operating an electric personal assistive mobility device where
othenruise not prohibited, such person shall engage in such activity at a safe
speed which does not endanger the safety of pedestrians or others,_shAll-ng!
obstruct or endanoer pedestrian or vehicular traffic, shall yield the right-of-way to
any pedestrian, and shall give an audible signal before overtaking and passing
such pedestrian.
(d) Whenever a person is operatinq an electric personal assistive mobilitv device,
such person:
fll Shall immediatelv report anv accident with a pedestrian or other person to
the Miami Beach Police Department and Miami Beach Fire Rescue. ln
addition, the operator must:
(a) remain on the scene until a police officer arrives;
(b) identifv himself/herself to the victim and to the police officer: and
(c) provide to the victim and to the police officer the name of the person or
business that leased or rented the device.
583
tA Shall not operate the electric personal assistive mobilitv device between
sunset and sunrise or durinq inclement weather.
(d{d Whenever a person is operatinq an electric personal assistive mobilitv device,
such person shall complv with all applicable federal, state, and countv
reoulations, administration rules. and laws=, and
allapplicableadministrativerulesestablishedby
the city.
Sec. 70-70. Responsibilities of persons and business entities providing rentals, leases,
and/or tours of electric persona! assistive mobility devices.
Any person or business entity that rents, leases, and/or provides tours for electric
personal assistive mobility devices shall:
Obtain a business tax receipt from the City pursuant to chapter 102 of the City
Code;
Provide a minimum of $1,000,000.00 in commercial qeneral liability insurance
coverage fer. includinq bodilv iniurv and propertv damaqe, from an insurance
companv that is Best Guide rated B+ Vl or better, that includes medical pavment
coveraqe no less than $25,000 for anv iniured persons. and that includes the City
of Miami Beach as an additional named insured. a waiver of
subrooation clause, and shall specificallv cover third partv damaoes resultinq
from the ownership, maintenance. and/or use of the electric personal assistive
mobilitv devices. however caused. and shall not have a clause excludino losses
resultinq therefrom;
Provide a certificate from an authorized electric personal assistive mobility device
dealer verifying that each device made available from rent, least, or tour has
been set to a maximum speed of eight mph;
Obtain a release of liability and hold harmless agreement, acceptable to the city
attorney, releasing and holding the City of Miami Beach harmless from liability
signed by all renters of electric personal assistive mobility devices, which release
and hold harmless agreement shall be made available for inspection by the city
at any time during business hours;
Provide all renters of electric personal assistive mobility devices with a copy of
Division 2 of Article ll of Chapter T0 of the eCitv
laws#Qod
prohibited areas of operation, the receipt of which shall be acknowledged in
writing by the renter; and
Post a copv of Division 2 of Article ll of Chapter 70 of the Citv Code. and a copv
of the Citv's map of prohibited areas of operation, in a conspicuous place at the
location where the electric personal assistive mobilitv devices are leased or
rented.
(a)
(b)
(c)
(d)
(e)
4
Ifl
584
(g) Affix the name and telephone number of the person or business entitv that
rents/leases and/or provides tours, as well as a device lD number, all of which
shall be in letterinq and numbers at least 4" in heioht. on the front and back of
each electric personal assistive mobilitv device that is leased or rented.
ID Provide trainino as to the safe operation of electric personal assistive mobilitv
devices to all lessees or renters of the devices. The person or business entitv
must maintain written proof, siqned bv the lessee or renter, that establishes the
trainino orovided for the safe operation of the electric personal assistive mobilitv
device.
O Lease, rent, or use electric personal assistive mobilitv devices for tours onlv
between sunrise and sunset and not durino inclement weather.
lj) Lease, rent or provide tours on electric personal assistive mobilitv devices onlv to
persons 16 vears of aqe or older and that weiqh 100 or more pounds.
I& Not lease, rent or provide tours on electric personal assistive mobilitv devices
that are. or are suspected to be, unsafe for use.
(!) Not lease, rent or provide tours to persons who are believed to be intoxicated, act
with reckless disreoard or indifference to the safetv of others. or incompetent to
operate an electric personal assistive mobilitv device.
(rn) Promptlv report anv accidents reqardinq leased or rented electric personal
assistive mobilitv devices to the Miami Beach Police Department and Miami
Beach Fire Rescue.
e(a) Comply with all administrative rules that may be established by the city regarding
rentals, leases, tours, and the safe operation of electric personal assistive
mobility devices.
Sec. 70-71. Enforcement; penalties.
(a) A violation of the provisions in sections 70-67 and 70-69(a)-(c) by persons
operating electric personal assistive mobility devices or engaged in bicycling,
skateboarding, in-line skating, roller skating, or operating any motorized means
of transportatlon, shall be enforced by a police officer and shall be deemed a
noncriminal infraction as defined in F.S. S 318.13(3) and shall be subject to the
penalties set forth in F.S. S 316.655.
(b) A violation of the provisions in sections 70-69(d)-(e) and 70-70 shall be enforced
in accordance with the following procedures and penalties:
1. lf a code compliance officer finds a violation, the compliance officer shall
issue a notice of violation to the violator as provided in chapter 30. The
notice shall inform the violator of the nature of the violation, amount of
fine for which the violator may be liable, instructions and due date for
paying the flne, notice that the violation may be appealed by requesting
an administrative hearing within 2O ten (10) days after service of the
notice of violation, and that failure to do so shall constitute an admission
585
of the violation and waiver of the right to a hearing.
2. A violator who has been served with a notice of violation shall elect either
to:
a. Pay the civil fine as follows for violations of sections 70-69(d)-(e):(i) Firstoffense..........$100.00;(ii) Secondoffense.....$250.00;(iii) Third otfense .........$500.00;(iv) Fourth and subsequent offenses .....$1,000.00; e+
b. Pav the civil fine as follows for violations of sections 70-70(a) and
(c)-(n):(i) First offense .........$250.00;(ii) Second offense.....$500.00;(iii) Thirdoffense......$1,000.00:(iv) Fourth and subsequent offenses .....$2,000.00:
c. Pav the civil fine as follow for violations of Section 70-70(b):(i) First offense .........$1,000.00,(ii) Secondoffense.....$2,500.00:(iii) Third and subsequent offenses .....$5,000.00: or
E d. Request an administrative hearing within ten 10 2O days before a
special master appointed as provided in article ll of chapter 30 to appeal
the decision of the code compliance officer which resulted in the issuance
of the notice of violation. If the offense is a violation of section 70-70(b),
the operation of the business must cease until the required insurance is
obtained.
3. e,lf the offense if is a fourth or subsequent offense of section 70-69(d)-(e)
or 70-70(a) or (c)-(n), it shall also be considered an habitual offender
offense and, in addition to the penalty set forth in subsections 70-
71(b)(2)a.(iv) and 70-71(bX2)b.(iv): the city manager may issue an
administrative complaint for the suspension or revocation of a business
tax receipt and certificate of use as provided in sections 102-383 through
1 02-385.
4, lf the named violator, after notice, fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special
master shall be informed of such failure by report from the code
compliance officer. Failure of the named violator to appeal the decisions
of the code compliance officer within the prescribed time period shall
constitute a waiver of the violator's right to administrative hearing before
the special master. A waiver of the right or an administrative hearing shall
be treated as an admission of the violation and penalties may be
assessed accordingly. The special master shall be prohibited from
hearing the merits of the notice of violation or consideration of the
timeliness of the request for an admlnistrative hearing if the violator has
failed to request an administrative hearing within 2eten (10) days of the
issuance of the notice of violation.
586
+5. Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
+0. The city may institute proceedings in a court of competent jurisdiction to
compel payment of civil fines.
g7- A certified copy of an order imposing a civil fine may be recorded in the
public records and thereafter shall constitute a lien upon any other real or
personal property owned by the violator and it may be enforced in the
same manner as a court judgment by the sheriffs of this state, including
levy against the personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the
filing of any such lien which remains unpaid, the city may foreclose or
othenrvise execute upon the lien.
(c) The procedures for appeal of the notice of violation by administrative hearing
shall be as set forth in sections 30-72 and 30-73.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect on the day of 2014.
PASSED AND ADOPTED this _ day of.2014
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Jonah Wolfson)APPROVED AS TO
FORM & LANGUAGE
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COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading of an Ordinance prohibiting the carrying of expanded polystyrene into parks; prohibiting
the sale or use in public facilities and on public property of expanded polystyrene food service articles by
City contractors and special event permittees; and prohibiting sidewalk caf6s from providing expanded
food service articles on the or to sidewalk caf6 oatrons.
Enhance the Environmental Sustainability of the Community.
Supporting Data: 2o/o of residential respondents indicated trash and litter is an area that the City needs t,o
improve. ln the 2014 Community Satisfaction Survey, residential respondent and business owner
satisfaction with canal/wa 4% and2%from2012.
Item Su
SECOND READING - PUBLIC HEARING
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
wateruvays. The waters surrounding the City support a wide variety of flora and fauna. These waters also
act as nurseries and habitat for migratory birds and for commercially and recreationally important fish.
Furthermore, the City's beaches support shorebird species and are a designated nesting habitat for the
protected Loggerhead, Green, and Leatherback sea turtles. lt is especially critical that the City limit
pollutants from entering the environment due to its proximity to the City's vast system of interconnected
waterurrays and sensitive marine habitats. One pollutant of particular concern is expanded polystyrene, a
petroleum based by-product which constitutes a large portion of the litter in the City's streets, public places,
and watenrrrays. Expanded polystyrene is a particularly harmful pollutant because it is non-biodegradable
and not readily recyclable. Furthermore, it fragments into smaller pieces that easily enter and remain in the
environment harming or killing marine life and other wildlife that accidentally ingest it.
Section 46-92 of the City Code currently bans the carrying of Styrofoam products onto the City's beaches.
The proposed Ordinance replaces the word "Styrofoam" in the definition of "litter" in this section with the
correct term "polystyrene". Additionally, the Ordinance extends the prohibition of expanded polystyrene
products to parks because many City parks are located along in close proximity to bodies of water and,
therefore, litter at these locations can easily enter the marine environment. The proposed Ordinance also
amends Chapter 82 of the City Code by creating Section 82-7, which prohibits the sale or use of expanded
polystyrene food service articles in public facilities and on public property by City contractors and special
event permittees. The prohibition only applies to new contracts entered after the effective date, unless an
entity with an existing contract or special event permit agrees to voluntarily cease using expanded
polystyrene food service articles.
Finally, the proposed Ordinance amends the minimum standards for sidewalk caf6s in Section 82-385 to
prohibit expanded polystyrene food service articles on the right-of-way and to prohibit sidewalk caf6
permittees from providing expanded polystyrene food service articles to sidewalk caf6 patrons. The City has
over 225 permitted sidewalk caf6s citywide. These non-enclosed establishments can be major contributors
to litter nuisance as lightweight articles, such as expanded polystyrene products, are picked up by wind and
rain. By eliminating expanded polystyrene products in parks and prohibiting the use of expanded
polystyrene food service articles by City contractors, special event permittees, and sidewalk caf6
permittees, the proposed Ordinance will reduce the presence of this pollutant on the City's rights-of-way
and waterurays and enhance the City's environmental sustainability.
On June 11,2014, the City Commission approved the Ordinance on First Reading. The Administration
recommends that the City Commission adopt the Ordinance on Second Readino Public Hearino.
Board Recommendation:
Financial lnformation:
Source of
Funds:
Amount Account
1
OBPI Total
Financial Impact Summary:
rieilsn rrenr PSB
On May 22, 2014, the Sustainability Committee recommended that the City Commission approved the
Elizabeth Wheaton x61 2'1
E MIAMIBTACH o,riE 7+7lq589
g MIAMIBEACH
City of Miqmi Beoch, lZ00 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of City
FROM:
DATE:
SUBJECT:
Jimmy L. Morales, City Manager
July 23,2014 SECOND READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY AMENDING
ARTICLE !II, ENTITLED "LITTER," BYAMENDING DIVISION 1, ENTITLED..GENERALLY," BY AMENDING SECTION 46.92 THEREOF, ENTITLED
"LITTER; DEFINITIONS; PROHIBITIONS ON LITTER; PENALTIES FOR
LITTER AND COMMERCIAL HANDBILL VIOLATIONS; GOMMERCIAL
HAN DBI LL REG U LATIONS, FIN ES, AN D REBUTTABLE PRESUMPTIONS;
SEIZURE AND REMOVAL OF LITTER BY THE CITY; ENFORCEMENT;
APPEALS; LIENS" TO AMEND THE DEFINITION OF LITTER !N
SUBSECTION (A) BY SUBSTTTUTING THE WORD *POLYSTYRENE" FOR
THE WORD "STYROFOAM" AND TO AMEND SUBSECTTON (C) TO
PROHIBIT ANY PERSON FROM CARRYING ANY EXPANDED
POLYSTYRENE PRODUCT INTO ANY PARK WITHIN THE CITY;
AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "PUBLIC PROPERTY,'' BY AMENDING ARTICLE I, ENTITLED..IN GENERAL," BY CREATING SECTION 82.7 THEREOF, ENTITLED..PROH!BITIONS REGARDING SALE OR USE OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTICLES BY CITY CONTRAGTORS
AND SPECIAL EVENT PERMIfiEES," TO PROHIBITTHE SALE, USE, AND
OFFERING OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES
BY CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES IN CITY
FACILITIES AND ON GITY PROPERTY; AMENDING GHAPTER 82 OF THE
CODE OF THE CITYOF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY,"
BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIG RIGHTS.OF.
WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES,'' BY
AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING
SECTION 82.385 THEREOF, ENTITLED "MINIMUM STANDARDS,
CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES,"
TO PROVIDE PROHIBITIONS REGARDING EXPANDED POLYSTYRENE
FOOD SERVICE ARTICLES ON THE RIGHT-OF-WAY; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
590
Polystyrene Ordinance Memo - Second Reading
July 23, 2014
Page 2 of 3
BACKGROUND
At the May 22,2014 Sustainability Committee meeting, the Committee discussed restricting the sale
and use of expanded polystyrene (commonly known as Styrofoam) products, to reduce litter and
pollutants in the City's watenarays and to enhance the environmental sustainability of the City. The
Sustainability Committee unanimously passed a motion recommending that the City Commission
approve an ordinance drafted by the City Attorney's Office, which would (1) prohibit the carrying of
expanded polystyrene products into City parks; (2) prohibit the sale or use in public facilities and on
public property of expanded polystyrene food service articles by City contractors, vendors, lessees,
concessionaires, operators of City facilities and properties, and special event permittees; and (3)
prohibit expanded polystyrene food service articles on the right-of-way and prohibit sidewalk caf6
permittees from providing expanded polystyrene food service articles to sidewalk caf6 patrons. On
June 1 1,2014, the City Commission approved the Ordinance on First Reading. Subsequent to its
approval on First Reading, a minor language revision has been made to Section 82-7 to clarify that
public facilities and property refer only to City facilities and property. Attachment A shows the
Ordinance as it is being presented for Second Reading.
ANALYSIS
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
waterurays, including lndian Creek, Surprise Lake, and Lake Pancoast, as wellas the Atlantic Ocean
and the Biscayne Bay Aquatic Preserve. The waters surrounding the City support a wide variety of
flora and fauna, including threatened and endangered species like the West lndian manatee, the
American crocodile, Johnson's seagrass, and smalltoothed sawfish. These waters also act as nurseries
and habitat for migratory birds, including brown pelicans and ospreys, and for commercially and
recreationally important fish, such as snapper, sailfish, and mahi-mahi. Furthermore, the City's beaches
support shorebird species, including seagulls and royalterns, and are a designated nesting habitatforthe
protected Loggerhead, Green, and Leatherback sea turtles.
It is especially critical that the City limit pollutants from entering the environment due to its
proximity to the City's vast system of interconnected waterways and sensitive marine habitats.
One pollutant of particular concern is expanded polystyrene, a petroleum based by-product
which constitutes a large portion of the litter in the City's streets, public places, and watenrvays.
The Environmental Protection Agency has determined that floatable debris, like expanded
polystyrene, can have "serious impacts on human health, wildlife, the aquatic environment and
the economy" (Assessing and Monitoring Floatable Debris, August 2002; EPA-842-8-02-002).
Expanded polystyrene is a particularly harmful pollutant because it is non-biodegradable and not
readily recyclable. Furthermore, it fragments into smaller pieces that easily enter and remain in
the environment harming or killing marine life and other wildlife that accidentally ingest it.
Section 46-92 of the City Code currently bans the use of Styrofoam products on the City's beaches.
The proposed Ordinance replaces the word "Styrofoam" in the definition of "litted' in this section with
the correct term "polystyrene". Additionally, the Ordinance extends the prohibition of expanded
polystyrene products to parks because many City parks, including South Pointe Park, Maurice Gibb
Park, Pine Tree Park, and North Shore Open Space Park, are located along in close proximity to
bodies of water and, therefore, litter at these locations can easily enter the marine environment.
591
Polystyrene Ordinance Memo - Second Reading
July 23, 2014
Page 3 of 3
The proposed Ordinance also amends Chapter 82 of the City Code by creating Section 82-7, which
prohibits the sale or use in public facilities and on public property of expanded polystyrene food
service articles by City contractors and special event permittees. City contractors are defined as
contractors, vendors, lessees, and concessionaires of the City and operators of a City facility or
property. Special event permittees are defined as any person or entity issued a special event permit
by the City for a special event on City property or in a City facility. The prohibition only applies to new
contracts entered after the effective date, unless an entity with an existing contract or special event
permit agrees to voluntarily cease using expanded polystyrene food service articles. Once the
ordinance is passed and adopted, the Administration will reach out to contractors and specialevent
permittees with existing contracts and permits to notify them of the Ordinance and to encourage
them to voluntarily cease using and offering expanded polystyrene food service articles.
Finally, the proposed Ordinance amends the minimum standards for sidewalk caf6s in Section 82-
385 to prohibit expanded polystyrene food service articles on the right-of-way and to prohibit
sidewalk caf6 permittees from providing expanded polystyrene food service articles to sidewalk caf6
patrons. The City has over 225 permitted sidewalk caf6s citywide. These non-enclosed
establishments can be major contributors to litter nuisance as lightweight articles, such as expanded
polystyrene products, are picked up by wind and rain. By eliminating expanded polystyrene products
in parks and prohibiting the use of expanded polystyrene food service articles by City contractors,
special event permittees, and sidewalk caf6 permittees, the proposed Ordinance will reduce the
presence of this pollutant on the City's rights-of-way and watenrvays and enhance the City's
environmental sustainability.
CONCLUSION
The Administration recommends approving the Ordinance.
Attachments: Expanded Polystyrene Ban Ordinance
JMJ/MVF/ESW/MKW
T:\AGENDA\20 1 4\J uly\Polystyrene Ordinance - MEM Second Reading.doc
592
ORD!NANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENV!RONMENT,"
BY AMENDING ARTICLE II!, ENTITLED "LITTER," BY AMENDING
DlvlsloN 1, ENTITLED "GENERALLY," BY AMENDTNG SECTTON 46-
92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON
LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL
VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS, FINES,
AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF
LITTER BY THE GITY; ENFORCEMENT; APPEALS; LIENS,, TO
AMEND THE DEFtNtTtON OF LTTTER !N SUBSECTTON (A) BY
SUBSTITUTING THE WORD "POLYSWRENE'' FOR THE WORD
"sryRoFoAM" AND TO AMEND SUBSECTTON (C) TO PROH|BIT
ANY PERSON FROM CARRYING ANY EXPANDED POLYSTYRENE
PRODUCT INTO ANY PARK WITHIN THE CITY; AMENDING
GHAPTER 82 OF THE GODE OF THE CITY OF MIAMI BEACH,
ENTITLED "PUBLIC PROPERTY,'' BY AMENDING ARTICLE I,
ENTITLED "IN GENEFIAL," BY CREATING SECTION 82-7 THEREOF,
ENTITLED "PROHIBITIONS REGARDING SALE OR USE OF
EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES BY CITY
CONTRACTORS AND SPECIAL EVENT PERMITTEES," TO PROHIBIT
THE SALE, USE, AND OFFERING OF EXPANDED POLYSryRENE
FOOD SERVICE ARTICLES BY CITY CONTRACTORS AND SPECIAL
EVENT PERMITTEES IN CIry FACILITIES AND ON CIry PROPERTY;
AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI
BEACH, ENTITLED "PUBLIC PROPERry," BY AMENDING ARTICLE
lv, ENTITLED "USES lN PUBLTC RTGHTS-OF-WAY," BY AMENDTNG
DIVISION 5, ENTITLED "SIDEWALK CAFES,'' BY AMENDING
SUBDIVISION I!, ENTITLED "PERMIT," BY AMENDING SECTION 82-
385 THEREOF, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND
CONDITIONS FOR OPERATION OF SIDEWALK CAFES,'' TO
PROVIDE PROHIBITIONS REGARDING EXPANDED POLYSTYRENE
FOOD SERVICE ARTICLES ON THE RIGHT-OF-WAY; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the
public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on
the land and in the waters of the City; and
WHEREAS, expanded polystyrene, a petroleum by-product commonly known as
Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of
years to degrade in the environment; and
WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller,
non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or
killing them; and
WHEREAS, due to the physical properties of expanded polystyrene, the EPA states
"that such materials can also have serious impacts on human health, wildlife, the aquatic
environment and the economy"; and
593
WHEREAS, disposable food service articles constitute a portion of the litter in the City of
Miami Beach's streets, parks, public places, and watenrays; and
WHEREAS, the City's goal is to replace expanded polystyrene food service articles with
reusable, recyclable or compostable alternatives; and
WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content
paper food service articles and other fiber-based food service articles as the most
environmentally preferable alternatives when the use of reusable food ware is not feasible; and
WHEREAS, as an environmental leader among local governments in the State of
Florida, the City of Miami Beach, by virtue of this Ordinance, will prohibit the use of expanded
polystyrene food service articles by its contractors and special event permittees in City facilities
and on City property; will prohibit the use of expanded polystyrene food service articles by
sidewalk cafes on the public right-of-way; and, will strengthen its litter laws by prohibiting
expanded polystyrene products in City parks; and
WHEREAS, this Ordinance will preserve and enhance the environment of the City of
Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SEGTION 1. That Division 1 of Article lll of Chapter 46 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE III.
**
*
Litter
DIVISION 1. Generally
Sec.46-92. Litter; definitions; prohibitions on litter; penalties for litter and commercial
handbill violations; commercial handbill regulations, fines, and rebuttable
presumptions; seizure and removal of litter by the city; enforcement;
appeals; liens.
(a) Definitions. The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
(5) Litter means any paper, handbill, commercial handbill, garbage, bottle caps,
chewing gum, tobacco products, including, but not limited to, used and unused
cigarettes, cigars, pipe or chewing tobacco, styre+eam polvstvrene or plastic products, or
other waste, including, but not limited to, tree, plant, and grass cuttings, leaves, or other
yard maintenance debris, that has been placed or deposited on a public sidewalk, street,
road, avenue, beach, swale, median, building, fence, wall, boardwalk, beachwalk,
baywalk, cutwalk, park, or in a gutter, drain, or sewer, or on any other public property,
594
right-of-way or place, or on any object located on public property, or on the kneewall,
window ledge or sill of any public or private building, or on a motor vehicle, or on any
other type of private real or personal property. Handbills and commercial handbills
attached to a trash receptacle, but not within the trash receptacle in the usual manner,
shall also be considered litter.
(c) Prohibitions on beaches and parks.lt shall be unlawful for any person to carry onto
any beach within the city a glass or metal bottle or other glass or metal container. ln addition, it
shall be unlawful for any person to carry any styrefea,m expanded polvstvrene product onto any
beach or into anv park within the city or for any business to provide plastic straws with the
service or delivery of any beverage to patrons on the beach.
SECTION 2. That Article I of Chapter 82 of the Code of the City Miami Beach is hereby
amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE l. ln General
Sec.82-7
articles bv citv contractors and special event permittees.
(a) Leoislafiye rnfenf. Expanded polvstvrene, a petroleum bvproduct commonlv known as
Stvrofoam, is neither readilv recvclable nor biodeqradable and takes hundreds to
thousands of vears to deqrade. Expanded polvstvrene is a common pollutant, which
fraqments into smaller, non-biodeqradable pieces that are harmful to marine life, other
wildlife, and the environment. The Citv's ooals are to reduce the use of expanded
polvstvrene and encouraqe the use of reusable, recvclable, or compostable alternatives.
(b) Definrtions. For purposes of this section onlv, the followino definitions shall applv:
flf CrTy confracfor means a contractor, vendor, lessee, concessionaire of the Citv. or
operator of a Citv facilitv or propertv.
(!) Expanded polysfyrene means blown polvstvrene and expanded and extruded foams
that are thermoplastic petrochemical materials utilizing a stvrene monomer and
processed bv anv number of techniques includinq, but not limited to, fusion of
polvmer spheres (expandable bead foam), iniection moldinq, foam moldinq, and
extrusion-blown moldinq (extruded foam polvstvrene).
Q) Expanded polysfyrene food service arfibles means plates, bowls, cups, containers,
lids. travs, coolers, ice chests. and all similar articles that consist of expanded
polvstvrene.
(U Pablb Cffy faclrtbsv includes, but are is not limited to, anv buildinqs, structures,
595
parks, beaches, or qolf courses owned. operated, or manaoed bv the Citv.
(!) P++b*b Cffy propedy includes. but is not limited to, anv land, water, or air riqhts
owned, operated, or manaqed bv the Citv.
(Q) Specra/ eyenf permrtfee means anv person or entitv issued a special event permit bv
the Citv for a special event on publie Citv propertv or in a pt+blie Citv facilitv.
(g) Citv contractors and special event permittees shall not sell. use, provide food in, or offer
the use of expanded polvstvrene food service articles in publie Citv facilities or on publie
Citv propertv. A violation of this section shall be deemed a default under the terms of the
Citv contract. lease, or concession aqreement and is qrounds for revocation of a special
event permit. This subsection shall not applv to expanded oolvstvrene food service
articles used for orepackaqed food that have been filled and sealed prior to receipt bv
the Citv contractor or special event permittee.
Idl Anv Citv contract, lease, or concession aqreement entered into prior to the effective date
of this section or anv special event permit issued prior to the effective date of this section
shall not be subiect to the requirements of this section. unless the Citv contractor or
special event permittee voluntarilv aqrees thereto.
SECTION 3. That Subdivision ll of Division 5 of Article lV of Chapter 82 of the Code of the City
Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERry
ARTICLE lV. Uses in Public Rights-of-Way
olvtslOr.r s. SO"*"t: "*""
Subdivision II. Permit
Sec. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk cafes
(p) No food preparation, food storage, expanded polvstvrene food service articles.
refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the
right-of-way. ln addltion. expanded polvstvrene food service articles shall not be provided to
sidewalk caf6 patrons.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
4
596
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. GODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 7. EFFEGTIVE DATE.
This Ordinance shalltake effect on the day of 2014.
PASSED AND ADOPTED this _ day of 2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
*A*e+nre.ugn denotes deletions
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTION
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OFFICE OF THE CIry ATTORNEY
RAUL J. AGUIIA, CITY ATTORNEY
FROM:
DATE:
SUBJEGT:
COMMISSION MEMORANDUM
TO:MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY ATTORNEY RAUL J.*'l
JIMMY MORALES, CITY MANAGER
July 23,2014
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE I, ENTITLED " IN GENERAL," BY REPEALING SECTION 82.
5, ENTITLED "CITY SIGNS TO BE OBEYED"; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
Pursuant to the request of Commissioner Jonah Wolfson, the attached Ordinance is
submitted for consideration by the Mayor and City Commission for Second Reading/Public
Hearing. This Ordinance was approved on First Reading on June 11,2014.
Analvsis
This Ordinance repeals Section 82-5 of the City Code that states only that signs placed by the
City, or contracted to be placed by the City, shall be obeyed. This provision is unnecessary.
Signs that are placed, or contracted to be placed, by the City and which require or prohibit
conduct or activities as set forth in City, County, State, or any other applicable law are, and shall
remain, in fullforce and effect.
Fiscal lmpact
The Public Works Department is responsible for the placement of City signs and confirms that,
in accordance with the requirements of Section 5.02 of the City Charter, this Ordinance is not
expected to have any measureable fiscal impact as existing resources will be utilized, if needed.
RJA/JM/flDr/da
Agenda ttem lqsC
F:IATTO\TURN\COMMMEMO\Pub||c Property - City Signs to Be Obeyed - June 2014.docx
oate 1-)311599
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY
CODE, ENTITLED ..PUBLIC PROPERTY," BY AMENDING ARTICLE I,
ENTITLED " IN GENERAL,'' BY REPEALING SECTION 82.5, ENTITLED
"CITY SIGNS TO BE OBEYED"; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the laws set forth in the Code of the City of Miami Beach ("City Code") are
to be obeyed, are in full force and effect, and are to be enforced according to the procedures
and penalties set forth in the City Code; and
WHEREAS, Section 82-5 of the City Code, providing only that signs placed by the City
or a City contractor shall be obeyed, is unnecessary and should be repealed; and
WHEREAS, signs currently placed or to be placed by the City, or a City contractor, that
require or prohibit conduct and activities as set forth in City, County, State, or any other
applicable law are, and shall remain, in fullforce and effect.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-5 of Article I of Chapter 82 of the Miami Beach City Code is
hereby repealed in its entirety as follows:
GHAPTER 82
PUBLIC PROPERTY
ARTICLE I. IN GENERAL
Signs plaeed, er eentraeted te be plaeed, by the eity shall-be ebeyed, Disebedienee ef a
eity sign shall be enfereed pursuant te ehapter 30 ef the City Cede,
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
600
SECTION3. SEVERABILIW.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECT!ON 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the
PASSED and ADOPTED this
day of 2014.
day of 2014.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Jonah Wolfson)
Underline denotes additions
S*ike+nreush denotes deletions.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTION
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COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading to consider an Ordinance Amendment to the recycling program requirements to applyto
units with two (2) units or more.
AGE,DA rrE* R sO
Enhance the Environmental Sustainability of the Community.
Supporting Data (Surveys, Environmental Scan, etc The solid waste haulers operating in the City have
reported that approximately 50% of the multifamily and commercial establishments within the City do not have a
Item Summary/Recommendation :
At the June 6,2012 City Commission meeting, the City Commission adopted Ordinance No. 2012-3768 mandating
that multi-family residences with 9 units or more, as well as commercial establishments implement a single-stream
recycling program by July 1 ,2013.1n the September 1 1 , 2013 Commission meeting, this deadline was extended
to July 1,2014.
Over the last year staff has conducted targeted outreach to the condominium and business community and has
launched a public education campaign through various local media outlets. Since January 1,2013, multifamily and
commercial establishments that do not have a recycling program serviced by a licensed recycling contractor or that
fail to separate recyclable material from the solid waste stream have been subject to warnings. During this warning
period, a number of multifamily residences with between 2 and I units questioned whether the law required
multifamily residences with 8 units or less to have a single-stream recycling program. The ordinance requires that all
multifamily residences with I units or more contract with a private hauler for single-stream recycling service.
Multifamily residences with 8 units or less have the option to contract with a private solid waste and recycling provider
or contract with the City for solid waste disposal and single-stream recycling service. Customers that chose to
contract with a private company have more flexibility regarding the service provided, including the number of pick-
ups, bin size and collection location. Currently, if multifamily residences with 8 units or less are not contracted with
the City for solid waste disposal and recycling service the City Code does not require these buildings to provide a
recycling program.
At the July 19,2013 City Commission meeting, it was requested that the Commission consider the Sustainability
Committee's recommendation to require multifamily residences that are between 2 and 8 units provide a single-
stream recycling program. On September 30, 2013, the NCAC recommended that the City Commission approve the
ordinance on First Reading. On June 11,2014, this Ordinance, which is sponsored by Commissioner Grieco, was
approved by the City Commission on First Reading.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING.
On July 16,2013, the Sustainability Committee recommended requiring multifamily residences that are between 2
and 8 units provide a single-stream recycling program. On September30,2013, the NCAC recommended the
Financial !nformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! !mpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the
long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the
City Administration evaluated the longterm economic impact (at least 5 years) of this proposed
legislative action, and determined that there will be no measurable impact on the Citv's budoet.
Clerk's Office
Elizabeth Wheaton x6121
T:IAGENDA\201 4\Jul$Recycling Ordinance Multifamily - SUM
E MIAMIBTACH BATE603
g MIAMIBEACH
City of Miqmi Beoch, 1700 Convention Center Drive, Miomi Beoch. Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBIECT:AN ORDINANCE OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ER 90 OF THE MIAM! BEACH CITY CODE,
ENTITLED "SOLID WASTE," BY AMENDING ARTICLE V, ENTITLED "CITYWIDE
RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS," BY AMENDING SECTION 90.340, ENTITLED "RECYCLING
PROGRAM AND SEPARATION OF RECYCLABLE MATERIALS FROM SOLID WASTE
STREAM REQUTRED FOR MULTTFAMTLY RESTDENCES OF NINE (9) DWELLTNG
UNITS OR MORE; OWNERyASSOCIATION LIABILITY; REGYCLING CONTRACTORS'
ASSISTANCE," TO APPLY RECYCLING REQUIREMENTS TO MULTIFAMILY
RESIDENCES OF TWO (2) TO EIGHT (8) DWELLING UNITS; PROVIDING FOR
REPEALER SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the Clty Commission approve the Ordinance on Second
Reading.
BACKGROUND
At the June 6, 2012 CiW Commission meeting, the City Commission adopted Ordinance No. 2012-
3768 mandating that multi-family residences with nine (9) units or more, as well as commercial
establishments implement a single-stream recycling program by July 1,2013. ln the September 1 1 ,
2013 Commission meeting, this deadline was extended to July 1,2014.
Over the last year staff has conducted targeted outreach to the condominium and business
community and has launched a public education campaign through various local media outlets.
Since January 1, 2013, multifamily and commercial establishments that do not have a recycling
program serviced by a licensed recycling contractor or that fail to separate recyclable material from
the solid waste stream have been subject to warnings.
During this warning period, a number of multifamily residences with between two (2) and eight (8)
units questioned whether the law required multifamily residences with eight (8) units or less have a
single-stream recycling program. The ordinance requires that all multifamily residences with nine (9)
units or more contract with a private hauler for single-stream recycling service. Multifamily
residences with eight (8) units or less have the option to contract with a private solid waste and
recycling provider or contract with the City for solid waste disposal and single-stream recycling
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
July 23,2014
mtssron
SECOND READING - PUBLIC HEARING
604
City Commission Memo - Recycling Ordinance - Multifamily
July 23, 2014
Page 2 of 2
service. Customers that chose to contract with a private company have more flexibility regarding the
service provided, including the number of pick-ups, bin size and collection location (i.e., curbside or
back of house). Currently, if multifamily residences with eight (8) units or less are not contracted
with the City for solid waste disposal and recycling service the City Code does not require these
buildings to provide a recycling program.
At the July 19,2013 City Commission meeting, it was requested that the Commisslon consider the
Sustainability Committee's recommendation to require multifamily residences that are between two
(2) and eight (8) units provide a single-stream recycling program. At the September 11,2013
Commission meeting, the item was referred to the Neighborhood i Community Affairs Committee
(NCAC). On September30, 2013, the NCAC recommended thatthe City Commission approve the
ordinance on First Reading. On June 11,2014, this Ordinance, which is being sponsored by
Commissioner Grieco, was approved by the City Commission on First Reading as amended to
extend the grace period to November 1,2014 and to include an educational component.
FIVE YEAR FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. As the Amendment to the Ordinance is only intended to clarify the
definition of multifamily residences, there is no financial impact.
GONCLUSION
The Administration recommends that the City Commission approve the ordinance on Second
9t9jng
(HlrrFlESW
\-/ I
I
T:\AGENDA\2014\July\Recycling Ordinance Multifamily - MEM Second Reading.doc
605
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING GHAPTER 90 OF THE
MIAMI BEACH CIry CODE, ENTITLED "SOLID WASTE," BY
AMENDING ARTICLE V, ENTITLED "CITYV\IIDE RECYCLING
PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS," BY AMENDING SECTION 90.340, ENTITLED..RECYCLING PROGRAM AND SEPARATION OF RECYCLABLE
MATERIALS FROM SOLID WASTE STREAM REQUIRED FOR
MULTTFAMTLY RESTDENCES OF NINE (9) DWELLTNG UNTTS ORMORE; OWNER/ASSOCIATION LIABILITY; RECYCLING
CONTRACTORS' ASSISTANCE," TO APPLY RECYCLING
REQUTREMENTS TO MULTTFAMTLY RESTDENCES OF TWO (2) TO
EIGHT (8) DWELLING UNITS AS OF NOVEMBER 1,2014; PROVIDING
FOR REPEALER, SEVERABILITY, GODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the recycling of recyclable materials is in the best interest of the
environment, City residents, and in maintaining the City's prominence as a world class resort
destination; and
WHEREAS, by managing solid waste and conserving material resources through
reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of
the local environment, reduce costs of waste disposal, and decrease the carbon footprint
associated with the production use, and disposal of materials; and
WHEREAS, pursuant to the adoption Ordinance No. 2012-3768 (the "Ordinance"), the
City established a Citywide Recycling Program for multifamily residences with nine (9) dwelling
units or more and commercial establishments that provides standards that are equivalent to or
exceed the minimum recycling requirements of Miami-Dade County; and
WHEREAS, multifamily residences between two (2) and eight (8) dwelling units are not
currently required to provide a recycling program or to use a single stream recycling process
under the Ordinance; and,
WHEREAS, at the July 19,2013 City Commission meeting, it was requested that the
Commission consider the Sustainability Committee's recommendation to include residences
that are between two (2) and eight (8) units within the requirements of the Ordinance.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article V, entitled "Citywide Recycling Program for Multifamily Residences
and Commercial Establishments," of Chapter 90 of the Miami Beach City Code, entitled "Solid
Waste," is hereby amended as follows:
606
CHAPTER 90
SOLID WASTE
ARTICLE V.
CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS
Sec. 90-340. Recycling program and separation of recyclable materials from solid waste
stream required for multifamily residences ef nine (9) dwelling units er mere;
owner/association liability; recycling contractors' assistance.
(a) As of January 1, 2013, every multi-family residence of nine (9) dwelling units or
more and as of Aus+rsl2 November 1, 2014, everv multi-familv residence of two (2) to eioht (8)
dwellinq units shall provide a recycling program pursuant to this section or a City approved
modified recycling program pursuant to section 90-344. The property owner shall be liable for
the failure to provide a recycling program or a modified recycling program approved by the City,
provided, however that a condominium or cooperative apartment having a condominium
association or a cooperative apartment association shall be liable, rather than the individual unit
owner(s), for a violation of this subsection. Further, recycling contractors shall assist and
provide written notice to the director of public works in identifying multifamily residences subject
to this article which do not have a recycling program or, in the alternative, which have allowed a
recycling program to lapse or expire.
(b) As of January 1, 2013, every multi-family residence of nine (9) dwelling units or more
and as of Aueu€{.4 November 1, 2014, everv multi-familv residence of two (2) to eioht (8)
dwellinq units shall be required to use a single stream recycling process to separate, from all
other solid waste, the five (5) following recyclable materials:
1) Newspaper. Used or discarded newsprint, including any glossy inserts;
2) G/ass. Glass jars, bottles, and containers of clear, green or amber (brown) color
of any size or shape used to store and/or package food and beverage products
for human or animal consumption, and/or used to package other products,
which must be empty and rinsed clean of residue. This term excludes ceramics,
window or automobile glass, mirrors, and lightbulbs;
3) Metal food and beverage containers. All ferrous and nonferrous (i.e., including,
but not limited to, steel, tin-plated steel, aluminum and bimetal) food and
beverage containers (i.e., including, but not limited to, cans, plates, and trays) of
any size or shape used to store and/or package food and beverage products
suitable for human or animal consumption, which must be empty and rinsed
clean of residue;
607
4) Other metal containers. All other ferrous and non ferrous containers used to
package household products including, but not limited to, paint cans and aerosol
cans, which must be empty and rinsed clean of residue;
5) P/asfics. All high density polyethylene (HDPE) and/or polyethylene terephthalate
(PET) bottles, jugs, jars, cartons, tubs, and/or other containers, and lids, of any
size or shape used to package food, beverages, and/or other household
products, or crankcase oil, which must be empty and rinsed clean of residue.
This term excludes all plasticfllm, plastic bags, vinyl, rigid plastic (i.e., toys), and
plastic foam materials; and
(c)Everymulti-familyresidenceshallbeservicedbya
recycling contractor licensed by the city and state.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECT!ON3. SEVERAB!LITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SEGTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 1st day of November, 2014.
PASSED and ADOPTED this day of
ATTEST:
2014.
PHILIP LEVINE, MAYOR
MFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S*rit<e+n+e+tgh denotes deletio ns.
F: \ATTO\TU RN\ORDI NANC\Recycli n g Prog ram Ame nd in g Sec 90-340 - 20 1 4.docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
608
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610
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment creating a new Concurrency Exemption
Advisorv Board Recommendation:
On May 27,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Financial Information:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
AGENDA mem RSE
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
manaqement across the Citv.
Supporting Data (Surveys, Environmental residential respondents and 55% of
businesses rate the effort out forth bv the C is "about the riqht amount."
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would create a new Concurrency Exemption category for temporary uses in
public rights-of-way.
The City Commission approved the Ordinance at First Reading on June 11,2014 and scheduled a
Second Reading Public Hearing for July 23,2014.
The Administration recommends that the City Commission adopt the Ordinance.
Thomas Mooney
T:\AGEN DA\201 4\Ju ly\Concurrency Exemption - S U M Second Reading.docx
E MIAMIBEACH oArE '?'e3-lv611
E MIAMI BEACH
Gity of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: CONCURRENCY EXEMPTIONS
READING . PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY
AMENDING CHAPTER 122, "CONCURRENCY MANAGEMENT," BY
AMENDING SECTION 122-S, "EXEMPTIONS FROM CONCURRENCY," TO
ADD TEMPORARY USES IN THE PUBLIC RIGHTS OF WAY AS AN
ADDITIONAL EXEMPTION FROM CONCURRENCY REQUIREMENTS,
PROVIDING A PROCEDURE TO DETERMINE ELIGIBILITY FOR SUCH
EXEMPTION; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 12,2014, the City Commission had a discussion regarding impact fees for
sidewalk caf6 establishments in North Beach and referred the item to the Planning
Board as an Ordinance Amendment.
During the discussion, the Public Works Director explained that during the process of
obtaining a sidewalk caf6 there are three types of fees that are assessed by the City; a
$150 application fee to cover staff time reviewing the process; a $20 per square foot fee
for the use of the public rights-of-way, which have been waived in North Beach for the
last two years by the Public Works Department at the direction of the Commission; and
a concurrency fee for transportation based on the number of seats proposed.
The concurrency fee is a one-time fee and is not assessed yearly, but runs with the use
as long as it continues. The concurrency fee is based on the number of trips to the
establishment generated by expanding the restaurant. The concurrency fee is based
on the costs to the City to mitigate traffic to the area and is divided into three
geographical areas: South Beach, below Dade Boulevard; Middle Beach, below 63'd
Street to Dade Boulevard; and North Beach, below the City Line to 63'd Street.
ln consultation with the City Attorney's Office, the Planning Department is proposing a
generic exemption for uses in the public rights-of-way that would allow the City
Commission flexibility in the future.
Currently, Section 122-5 of the Land Development Regulations of the City Code contains
the City Qommission
-A:-
612
Commission Memorandum
Ordinance - Concunency Exemptions
July 23, 2014 Page 2 ol 3
eight specific exemptions from obtaining a preliminary concurrency determination or a
final concurrency reservation certificate:
(1) Any development undertaken by the city that does not require a rezoning,
does not increase in intensity, does not have an assoc,afed change of use or that
lncreases the city's ability to provide essenfra/ services and facilities related to health and
safety concerns (fire, police, etc.).
(2) An application requesting modification(s) of a previously approved
development order where the concurrency management division has determined that the
impacts on the prescribed levels of seruice imposed by the requested modification(s) will
be no greater than the impacts imposed by the previously approved development order
or the previously existing use.
(3) An application for the renovation of an historic structure, provided that the
use of the historic structure is not intensified.
(4) An application to develop a parcel of land for single family purposes if no
change in the zoning map is required to accommodate the development.
(5) An application for addition, renovation or reconstruction of a residential
dwelling that does not increase the number of dwelling units existing or approved for the
propefty.
(6) An application for the construction of, an addition to or renovation of a
guest house, garage apartment or other similar accessory units on parcels zoned to
permit such uses.
(7) An application for a development order for property which is subject to a
valid development order approved as a development of regional impact prior to January
1, 2000, pursuant fo F.S. ch. 380.
(8) A valid, unexpired final development order approved prior to the adoption
of this chapter.
The proposed ordinance would add an exemption to the list:
(91 Temporarv uses in public riohts-of-wav. as determined bv the Citv
where such uses front on or
ANALYSIS
Side walk caf6 permits are temporary uses in the public rights-of way, which are
renewed annually through the Public Works Department as discussed in the
history/background section. Presently, the concurrency fee per chair is approximately
$450-$650, depending on the location of the establishment; South Beach, Mid-Beach;
and North Beach. Specifically in North Beach, the fee per chair is currently
approximately $550 per seat. For a small business, this can be a substantial
investment.
The proposed amendment to add an exemption for temporary uses in public rights-of-
way, as determined by the City Commission by resolution, specifying geographic areas,
criteria, and duration of exemption, would positively impact the areas where it is
613
Commission Memorandum
O rdi nance - Concu rre ncy Exemption s
July 23, 2014 Page 3 of 3
proposed to be enacted by incentivizing and encouraging economic growth. The
Planning Department believes that the further activation of storefronts and sidewalks will
create more activity on the street, which cuts down on petty crime and provides a more
walkable area that promotes destination dining and shopping.
PLANNING BOARD REVIEW
On May 27, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2175).
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
The subject Ordinancewas approved at First Reading on June 11,2014. As part of this
approval, the Commission modified the applicability of the proposed exemption, so that it
would only apply to temporary uses in North Beach (north of 63'd Street). The revised
text has been included in the Ordinance proposed for Second Reading.
CONCLUS!ON
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
T:\AGENDA\20 1 4U uly\Concurrency Exemption - MEM Second Reading.docx
614
CONGU RRENCY EXEM PTIONS
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY
CODE, BY AMENDING CHAPTER 122, "CONCURRENCY
MANAGEMENT," BY AMENDING SECTION 122-5, "EXEMPTIONS
FROM CONCURRENCY," TO ADD TEMPORARY USES IN THE
PUBLIC RIGHTS OF WAY AS AN ADDITIONAL EXEMPTION
FROM CONCURRENGY REQUIREMENTS, PROVIDING A
PROCEDURE TO DETERMINE ELIGIBILIW FOR SUCH
EXEMPTION; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations contains a
chapter for concurrency management; and
WHEREAS, the chapter on concurrency management contains a section for
exemptions from concurrency; and
WHEREAS, the section for exemptions from concurrency lists the of types of
developments that are not required to obtain a preliminary concurrency determination or a
final concurrency reservation certificate; and
WHEREAS, sidewalk cafes are permitted and located in public rights-of-way; and
WHEREAS, the City seeks to modify the list of exemptions from concurrency to
include sidewalk cafes in certain areas of the City; and
WHEREAS, this proposed amendment does not decrease the quality of life for the
residents.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 122,"Concurrency Management," Section 122-5, "Exemptions
from concurrency", of the Land Development Regulations, is hereby amended to read as
follows:
Sec. 122-5. Exemptions from concurrency
(1) Any development undertaken by the city that does not require a rezoning, does not
increase in intensity, does not have an associated change of use or that increases the city's
ability to provide essential services and facilities related to health and safety concerns (fire,
police, etc.).
615
(2) An application requesting modification(s) of a previously approved development
order where the concurrency management division has determined that the impacts on the
prescribed levels of service imposed by the requested modification(s) will be no greater than
the impacts imposed by the previously approved development order or the previously
existing use.
(3) An application for the renovation of an historic structure, provided that the use of the
historic structure is not intensified.
(4) An application to develop a parcel of land for single family purposes if no change in
the zoning map is required to accommodate the development.
(5) An application for addition, renovation or reconstruction of a residential dwelling that
does not increase the number of dwelling units existing or approved for the property.
(6) An application for the construction of, an addition to or renovation of a guest house,
garage apartment or other similar accessory units on parcels zoned to permit such uses.
(7) An application for a development order for property which is subject to a valid
development order approved as a development of regional impact prior to January 1,2000,
pursuant to F.S. ch. 380.
(8) A valid, unexpired final development order approved prior to the adoption of this
chapter.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. SEVERABIL!ry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
2
(9) Temporarv uses in public riqhts-of-wav, as determined bv the Citv Commission bv
616
PASSED and ADOPTED this day of 2014.
ATTEST:
MAYOR
CITY CLERK
First Reading:June 11.2014
Second July 23,2014
Verified by:
Planning Director
Underscore denotes new language
T:\AGENDA\2O 1 4Uuly\Concunency Exemption - ORD Second Reading.docx
APPROVED AS TO
FORM AND IANGUAGE
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618
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment modifying removal criteria for Land Use Board
Members.
lntended Outcome
AGENDA ITEM flSF
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55
businesses rate the effort put forth by the CiW to requlate is "about the rioht amount."
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would reduce the total number of allowed absences before mandatory
removal from a Board for members of City Land Use Boards from 4 per year to 3 per year.
On June 11,2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for July 23,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On May 27,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\2014\July\Board Member Removal Criteria - SUM Second Reading.docx
E MIAMIBEACH e11s 7-L5-l(619
g MIAMI BEACH
Cify of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: BOARD MEMBER REMOVAL C
D READING - PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY
AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW
PROCEDURES," ARTICLE ll, "BOARDS," DIVISION 2, ,,PLANNING
BOARD," SECTION 118-52, "MEETINGS AND PROCEDURES;"
DIVISION 3, ..DESIGN REVIEW BOARD," SECTION 118-74,
"REMOVAL;" DIVISION 4, "HISTORIC PRESERVATION BOARD,"
SECTION 118-105, "REMOVAL;" DIVISION 5, "BOARD OF
ADJUSTMENT," SECTION {19-{33, "REMOVAL," By MODIFYING
AND EXPANDING THE REMOVAL CRITERIA OF THE PLANNING
BOARD, DESIGN REVIEW BOARD, HISTORIC PRESERVATION
BOARD, AND BOARD OF ADJUSTMENT, PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 19, 2014, the Land Use and Development Committee ("LUDC") discussed
language proposed for ballot questions pertaining to the City's Land Use Boards. Ballot
language, regarding transfer of Board of Adjustment powers and amendments to the
special related acts, was referred to the full City Commission with a favorable
recommendation.
Additionally, as part of this discussion, the LUDC directed the Administration to study
various aspects of the City's Land Use Board standards and procedures, including the
addition and revision of existing board member removal criteria, and present a draft
Ordinance at its April 9,2014 meeting. As a result, on April 9,2014 the LUDC referred
the proposed ordinance to the Planning Board.
ANALYSIS
The intent of the proposed code amendment is to revise the existing criteria for the
removal of members on the Planning Board, Design Review Board, Historic Preservation
620
Commission Memorandum
Ordinance - Board Member Removal Criteria
July 23, 2014 Page 2 of 2
Board, and Board of Adjustment. The proposed ordinance would require the removal of
a board member from their respective board, if the member were to miss three (3) of the
regularly scheduled meetings per calendar year.
Currently, the Code requires the removal of a board member when the member abstains
from voting due to a conflict of interest on up to four (4) separate applications within a
period of one year, and if the board member misses 33 percent of the regularly
scheduled meetings per calendar year, which typically amounts to four (4) meetings per
year.
PLANNING BOARD REVIEW
On May 27, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2179).
The Planning Board also recommended that the applicability of the new regulations
commence on January 1,2015.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
The subject Ordinance was approved at First Reading on June 11,2014. As part of this
approval, the Commission modified the applicability section, as recommended by the
Planning Board, to commence the new criteria on January 1, 2015. The revised text has
been included in the Ordinance proposed for Second Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
T:\AGENDA\2014Uuly\Board Member Removal Criteria - MEM Second Reading.docx
621
BOARD MEMBER REMOVAL CRTTERIA
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES," ART|GLE ll, ,,BOARDS,"
DlvlsloN 2, "PLANNING BOARD," SECTION 119-52, ,,MEETINGS AND
PROCEDURES;" DIVISION 3, "DESIGN REVIEW BOARD," SEGTION 118-74,
"REMOVAL;" DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION
118-105, "REMOVAL;" DIVISION 5, "BOARD OF ADJUSTMENT," SEGTION
118.133, "REMOVAL," BY MODIFYING AND EXPANDING THE REMOVAL
CRITERIA OF THE PLANNING BOARD, DESIGN REVIEW BOARD,
HISTORIC PRESERVATION BOARD, AND BOARD OF ADJUSTMENT,
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations provides for the
regulation of land through the appointment of various professional and lay members of the
community to quasi-judicial land use boards; and
WHEREAS, it has become necessary to review and amend the criteria by which
appointed board members retain their positions; and
WHEREAS, the Planning Board recommended approval at its meeting dated May
27,2014 by a vote of6-0; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SEGTION 1. Chapter 118, "Administrative and Review Procedures," Article ll, "Boards,"
Division 2, "Planning Board," Section 118-52, "Meetings and procedures," Division 3,
"Design Review Board," Section 118-74, "Removal," Division 4, "Historic Preservation
Board," Section 118-105, "Removal, and Division 5, "Board of Adjustment," Section 118-
133, "Removal," of the Land Development Regulations, are hereby amended to read as
follows:
Division 2, "Planning Board," Sec.118-52, "Meetings and procedures."
(f) Removal of board members. ln the event that any member of the board fails to attend
three $+er€en+of the regulady scheduled meetings per calendar year{te-ealeu{ate
the number ef absenees under the 33 pereent fermula, 0,4 er less reunde dewn te the
, or abstains
from voting on a matter before the board due to a conflict of interest on four different
applications within a period of one year, such member shall cease to be a member of
the board. For purposes of this section, an absence from a meeting shall be defined
as missing more than 50 percent of the scheduled matters unless the member
attended 70 percent of the duration of time of that meeting's agenda. A person who
622
has ceased to be a member of the board due to absences or conflicts of interest shall
not be reappointed to the board for a period of one year from the date of his/her
removal.
Division 3, "Design Review Board," Sec. 118-74, "Removal."
(a) Removal of a design review board member shall be mandatory when that member.
(1) Fails to attend three S3+er€en+ of the regularly scheduled meetings per calendar
Vear (te eateutate
@; or
(2) Abstains from voting due to a conflict of interest on four different applications
within a calendar year.
For purposes of this section, an absence from a meeting shall be defined as
missing 50 percent of the scheduled matters unless the member attended 70
percent of the duration of time of that meeting's agenda. A member who is
removed shall not be reappointed to membership on the board for at least one
year from the date of removal.
(b) Any absences and/or abstentions due to conflict of interest prior to the effective
date of these land development regulations shall not apply for purposes of
removal from board membership.
Divislon 4, "Historic Preservation Board," Sec. 118-105, "Removal."
ln the event any member of the historic preservation board fails to attend three 33pereenloftheregularlyscheduledmeetingspercalendaryear@
, or abstains from voting
on a matter before the historic preservation board due to a conflict of interest four times
within a period of one year, such member shall cease to be a member of the board. For
purposes of this section, an absence from a meeting shall be defined as missing 50
percent of the scheduled matters unless the member attended 70 percent of the duration
of time of that meeting's agenda. However, abstentions for reason of conflict for matters
relating to amendment of the historic properties database shall not be counted for this
purpose.
Division 5, "Board of Adjustment," Sec. 1 18-133, "Removal."
ln the event that any member of the board of adjustment fails to three $-percen+of the
regularlyscheduledmeetingspercalendaryear
under the 33 pereent fermula; 0, I er less reunds dewn te the next whele number and 0,5
er mere reunds up te the next whele number), or abstains from voting on a matter
before the board due to a conflict of interest on four different applications within a period
of one year, such member shall cease to be a member of the board. For purposes of this
section, an absence from a meeting shall be defined as missing 50 percent of the
scheduled matters unless the member attended 70 percent of the duration of time of that
meeting's agenda. A person who has ceased to be a member of the board due to
2623
absences or conflicts of interest shall not be reappointed to the board for a period of one
year from the date of his/her removal.
SEGTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. APPLICABILITY AND EFFECTIVE DATE.
This Ordinance shall take effect on January 1,2015.
PASSED and ADOPTED this day of 2014.
ATTEST:
MAYOR
CITY GLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
Verified by:
Underscore denotes new language
Stri*etheugh denotes de leted lang uage
T:\AGENDA\2014Uuly\Board Member Removal Criteria - ORD Second Reading.docx
First Reading: June 11,2014
Second Reading: July 23,.2014
Planning Director
624
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THIS PAGE INTENTIONALLY LEFT BLANK
626
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment modifying the time limits for certain actions of
the Plannino Board and Board of
AGENDA ITEM R SG
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to reoulate is "about the riqht amount."
The proposed Ordinance would incorporate the same time frame limitations applicable to the Design
Review and Historic Preservation Boards for continuances, withdrawals and deferrals into the
procedures for the Planning Board and Board of Adjustment.
On June 11,2014 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for July 23,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On May 27,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Board Recommendation:
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
T:\AG EN DA\201 4\J uly\Time Frame Limitations - SU M Second Reading.docx
E MIAMIBEACH o^fe 7->3-l{627
g MIAMIBEACH
City of miomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: TIME FRAME LIMITATIONS
WTHDRAWALS
TO:
FROM:
READING - PUBLIG HEARING
CONT!NUANGES, AND
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE GITY CODE, BY AMENDING CHAPTER 118,..ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VIII,..PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"
SECTION 118-352, "PROCEDURE;" ARTICLE lV, "CONDITIONAL USE
PROGEDURE," SEGTION 118.193, "APPLICATIONS FOR CONDITIONAL
USES;,, AMENDING THE PROGEDURES FOR THE BOARD OF
ADJUSTMENT AND FOR THE PLANNING BOARD BY PLACING
TIMEFRAME LIMITATIONS ON APPLICATIONS FOR PURPOSES OF
DEFERRALS, CONTINUANCES, WITHDRAWALS AND SUBMITTAL OF
APPLICATIONS AND EXHIBITS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILIil AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 19, 2014, the Land Use and Development Committee ("LUDC") discussed
language proposed for ballot questions pertaining to the City's Land Use Boards. Ballot
language, regarding transfer of Board of Adjustment powers and amendments to the
special related acts, was referred to the full City Commission with a favorable
recommendation.
Additionally, as part of this discussion, the LUDC directed the Administration to study
various aspects of the City's Land Use Board standards, including standardized
procedures for deferments, continuances and withdrawals of applications going through
the public hearing process, and present a draft Ordinance at its April 9,2014 meeting.
As a result, on April 9,2014 the LUDC referred the item to the Planning Board.
ANALYSIS
ln an effort to promote consistency, the proposed ordinance would standardize the
procedures for 'Continuances', 'Withdrawals' and 'Deferrals' for each of the Land Use
Boards. Currently, the Design Review Board (Sectionl 18-257) and Historic Preservation
Board (Section 118-532) utilize the following procedures:
628
Commission Memorandum
Ordinance - Time Frame Limits
July 23, 2014 Page 2 ot 2
. Applicants may defer an application in writing, and only one time before the
public hearing. This procedure requires the applicant to pay fees associated with
the deferment and re-noticing of the application. The applicant may also request
deferment during the public hearing, but may not withdraw the application after
final action has been taken.o The board may continue an application to a date certain at either the request of
the applicant or at its own discretion. Additionally, the applicant is required to
present to the Board and/or Staff a revised application inclusive of all exhibits no
more than 120 days after the date on which the board continues the matter.. ln the event that the applicant fails to present for approval to the board a revised
application as described above within 120 days of the date the application was
continued, the application shall be deemed null and void.o Deferrals or continuances for a specific application shall not exceed one year
cumulatively for all such continuances or deferrals made by the board, or the
application shall be deemed null and void.. ln the event there is a lack of a quorum, all pending or remaining matters shall be
continued to the next available meeting of the board.
The language described above has been added to the appropriate locations in Section
118-352 for the Board of Adjustment and Section 1 18-193 for the Planning Board, as set
forth in the accompanying ordinance amendment.
PLANNING BOARD REVIEW
On May 27, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2181).
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
The subject Ordinance was approved at First Reading on June 11,2014.
GONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
T:\AGENDA\2014Uuly\Time Frame Limitations - MEM Second Reading.docx
629
TIME FRAME LIMITATIONS FOR DEFERRALS, CONTINUANCES, AND
WITHDRAWALS
oRDTNANGE NO._
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY
OF MIAMI BEAGH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY GODE, BY AMENDING CHAPTER 118,..ADMINISTRATIVE AND REVIEW PROGEDURES," ARTIGLE VIII,..PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"
SECTION 118-352, "PROCEDURE;" ARTICLE lV, "CONDITIONAL USE
PROGEDURE," SEGTION 118.193, "APPLICATIONS FOR CONDITIONAL
USES;,' AMENDING THE PROCEDURES FOR THE BOARD OF
ADJUSTMENT AND FOR THE PLANNING BOARD BY PLACING
TIMEFRAME LIMITATIONS ON APPLICATIONS FOR PURPOSES OF
DEFERRALS, CONTINUANCES, WITHDRAWALS AND SUBMITTAL OF
APPLICATIONS AND EXHIBITS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations provides
for the regulation of land through the appointment of quasi-judicial land use boards;
and
WHEREAS, it has become necessary to review and amend the procedures
by which such boards manage applications within their respective jurisdictions; and
WHEREAS, the Planning Board recommended approval of this Ordinance at
its meeting dated May 27,2014 by a vote of 6-0; and
WHEREAS, the amendments set forth below are necessary to accomplish
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118, "Administrative and Review Procedures," Article
Vlll, "Procedures for variances and administrative appeals," Section 118-352
"Procedure," of the Land Development Regulations, is hereby amended to read as
follows:
(c) Effect of deferment, continuances. withdrawal or denial. Upon the withdrawal or
denial of an application for a variance from the provisions of these land
development regulations, no new application may be filed for such variance
within six months following such withdrawal or denial, unless, however, the
decision of the board of adjustment taking any such final action is made without
prejudice, or unless the withdrawal of such application is permitted to be made
without prejudice.
with the planning; design and histerie preservatien divisien prier te the giving ef
ef adjustment may permit withdrawals witheut prejudiee at the time the
630
An applicant mav defer an application before the public hearino onlv one
time. The request to defer shall be in writino. When an application is
deferred, it shall be re-noticed at the applicant's expense as provided
insection 118-357(2). The applicant shall also pav a deferral fee as set
forth in this article. ln the event that the application is not presented to the
board for approval at the meetinq date for which the application was
deferred. the application shall be deemed null and void. lf the application
is deferred bv the board. the notice requirements shall be the same as for
a new apolication as provided insection 118-357(2), and shall be at the
citv's expense.
The board mav continue an application to a date certain at either the
request of the applicant or at its own discretion.
ln the event the application is continued due to the excessive lenoth of an
aoenda or in order for the applicant to address specific concerns
expressed bv the board and/or staff, the applicant shall present for
approval to the board a revised application inclusive of all required
exhibits that attempts to address the concerns of the board and/or staff.
for the date certain set bv the board. which shall be no more than 120
davs after the date on which the board continues the matter.
ln the event that the applicant fails to present for approval to the board. a
revised application as described above within 120 davs of the date the
application was continued. the application shall be deemed null and void.
Deferrals or continuances for a specific application shall not exceed one
vear cumulativelv for all such continuances or deferrals made bv the
board. or the application shall be deemed null and void.
An application mav be withdrawn bv the applicant if such request is in
writino and filed with the plannino department prior to the public hearins,
or requested during the public hearing. provided. however, that no
application mav be withdrawn after final action has been taken. Upon a
withdrawal or final denial of an application bv the board of adiustment the
same application cannot be filed within six months of the date of the
withdrawal or denial unless. however. the decision of the board takinq anv
such action is made without preiudice to refile.
ln the event there is a lack of a quorum, all pending or remaininq matters
shall be automaticallv continued to the next available meetino of the
board.
SECTION 2. Chapter 118, "Administrative and Review Procedures," Article lV,
"Conditional use procedure," Section 118-193, "Applications for Conditional Uses," of
the Land Development Regulations, is hereby amended to read as follows:
Section 1 18-1 93(2) . Time limitations.
b. An applicant mav defer an application before the public hearinq onlv one
time. The request to defer shall be in writino. When an application is
deferred. it shall be re-noticed at the applicant's expense as provlded
in section 118-196(5). The applicant shall also pav a deferral fee as set
forth in this article. ln the event that the application is not presented to
the board for approval at the meeting date for which the application was
deferred. the application shall be deemed null and void. lf the
application is deferred bv the board. the notice requirements shall be
1.
2.
3.
4.
5.
7.
631
the same as for a new application as provided insection 118-196(5).
and shall be at the citv's expense.
c. The board may continue an application to a date certain at either the
request of the applicant or at its own discretion.
d. ln the event the application is continued due to the excessive lenqth of
an aoenda or in order for the applicant to address specific concerns
expressed bv the board and/or staff. the applicant shall present for
aoproval to the board a revised application inclusive of all required
exhibits that attempts to address the concerns of the board and/or staff,
forthe date certain set bv the board, which shall be no more than 120
davs after the date on which the board continues the matter.
e. ln the event that the applicant fails to present for approval to the board. a
revised application as described above within 120 davs of the date the
application was continued, the application shall be deemed null and
void.
f. Deferrals or continuances for a specific application shall not exceed one
vear cumulativelv for all such continuances or deferrals made bv the
board, or the application shall be deemed null and void.
g. An application may be withdrawn bv the applicant if such request is in
writino and filed with the planninq department prior to the public hearino,
or requested durinq the public hearino. provided. however. that no
application mav be withdrawn after final action has been taken. Upon a
withdrawal or final denial of an application bv the planninq board the
same application cannot be filed within six months of the date of the
withdrawal or denial unless. however, the decision of the board takino
anv such action is made without preiudice to refile.
h. ln the event there is a lack of a quorum. all pendinq or remaininq matters
shall be automaticallv continued to the next available meetino of the
board.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City
of Miami Beach as amended; that the sections of this ordinance may be renumbered
or relettered to accomplish such intention; and that the word "ordinance" may be
changed to "section" or other appropriate word.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held
invalid, the remainder shall not be affected by such invalidity.
3632
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
MAYOR
CITY CLERK
First Reading: June 11,2014
Second Reading:^ J uly 23,
Verified by:
R.
Planning Director
Underscore denotes new language
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T:\AGENDA\201 4Uuly\Time Frame Limitations - ORD Second Reading.docx
2014.
APPROVED AS TO
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COMM]SSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment modifying allowable Accessory Uses for
Buildinqs located within the RM-3 zoninq district.
AGETITDA rrelr RS l-l
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
ng Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the riqht amount."
2ndfloorofficespaceaSanAccessoryUsewithinexisting
apartments located in the RM-3 district, provided such office space was original to the building.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading
and schedule a Second Reading Public Hearing for September 10,2014.
On June 24,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
5to0.
Board Recommendation:
Financial !nformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
T:\AGENDA\2014\July\RM3 Accessory Uses - SUM First Reading.docx
E MIAMIBEACH D^rE 1'73'lv635
g MIAMIBEACH
Gity of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: RM-3 ACCESORY OFFICE USES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 142,..ZON!NG DISTRIGTS AND REGULATIONS," ARTIGLE IV..SUPPLEMENTARY DISTRIGT REGULATIONS,'' DIVISION 2,
"ACCESSORY USES," SECTION 142-902, "PERMITTED ACCESSORY
USES," AMENDING CRITERIA FOR AGCESSORY USES IN APARTMENT
BUILDINGS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and schedule a Second Reading Public
Hearing for September 10, 2014.
BACKGROUND
On February 12, 2014, at the request of Commissioner Jonah Wolfson, the City
Commission referred an ordinance to the Land Use and Development Committee
(LUDC) pertaining to accessory uses in RM-3 districts.
On March 19, 2014, the LUDC referred the proposed ordinance amendment to the
Planning Board for consideration.
ANALYSIS
Presently, Section 142-902 of the Land Development Regulations of the City Code the
Land Development Regulations of the City Code restrict accessory uses in apartment
buildings to the ground floor, subterranean level, or the highest floor of the building in
RM-3 districts. The proposed ordinance amendment would permit office space, as an
accessory use on the second floor of apartment buildings located in the RM-3 zoning
districts, provided that the office space was part of the original construction.
ln the RM-3 district, there are several apartment buildings such as the Mirador, the
Roney Palace, and the Decoplage, which were originally built with office space on the
READING. PUBLIC HEARING
636
Commission Memorandum
Ordinance - RM3 Accessory Uses
July 23, 2014 Page 2 of 2
second floor. When either the zoning district was changed from CD-3 to RM-3, or the
building converted to an apartment building from a hotel, the offices on the second floor
became legal non-conforming uses due to the restriction on accessory uses in
apartment buildings to the ground floor, subterranean level, or the highest floor in RM-3
districts. Specifically, section 118-394 of the City Code, pertaining to the
"Discontinuance of Nonconforming Uses" states the following:
"No building, structure, equipment, fixtures or land, or portion thereof, used in
whole or in part for a nonconforming use which remains idle or unused for a
continuous period of six months, or for 18 months during any three-year period
whether or not the equipment or fixtures are removed, shall again be used,
except in conformity with the regulations of the district in which such building or
land is located."
The effect of this language is that if the business licenses for legal non-conforming office
uses on the second floor of any of these buildings should expire for more than six
months, the office uses lose their status as a legal non-conforming use. Consequently,
the space would have to remain unused, convert into residential units, or convert into a
non-commercial accessory use that is allowed in the RM-3 district.
PLANNING BOARD REVIEW
On June 24, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 5 to 0 (PB File No. 2178).
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
Most offices that exist on the second floors of apartment buildings in the RM-3 districts
are typically low scale, low traffic, neighborhood service office uses, and are frequented
by residents in the buildings and the surrounding neighborhoods. As such, the
Administration is supportive of the proposed Ordinance, which would allow office uses
on the second floor of apartment buildings, where offices were the intended use on the
original building construction plans.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and schedule a Second Reading Public
Hearing for September 10, 2014.
JLM/JMJ/TRM
T:\AGENDA\2014Uuly\RM3 Accessory Uses - MEM First Reading.docx
637
RM.3 ACCESSORY USES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 2, ,,ACGESSORY USES," SECTION
142-902, "PERMITTED ACCESSORY USES," AMENDING
CRITERIA FOR ACCESSORY USES IN APARTMENT BUILDINGS;
PROVIDING FOR REPEALER; GODIFICATION; SEVERABILITY
AND AN EFFEGTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations contain an
article for accessory uses; and
WHEREAS, the apartment buildings in the RM-3 district are currently not permitted
to have commercial offices on the second floor; and
WHEREAS, many apartment buildings in the RM-3 district were built with
commercial offices on the second floor; and
WHEREAS, the City seeks to modify the criteria for accessory uses in the apartment
buildings; and
WHEREAS, this proposed amendment does not increase the intensity of existing
apartment buildings.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION
OF THE GITY OF MIAM! BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article lV,
"Supplementary District Regulations," Division 2, "Accessory Uses," Section 142-902, of the
Land Development Regulations, are hereby amended to read as follows:
Article lV, Supplementary District Regulations
Division 2. Accessory Uses
***
Sec. 142-902 Permitted accesso4z uses
(2) Apartment buildings may have the accessory uses based upon the below criteria:
638
a.Mechanical support equipment and administrative offices and uses that maintain the
operation of the building.
Washers and dryers shall be located inside a structure or not visible from a right-of-
way.
A dining room which is operated solely for the residents in the building shall be
located inside the building and shall not be visible from the street with no exterior
signs, entrances or exits except for those required by the South Florida Building
Code. However, a dining room shall not be allowed in the RM-1 district except for
those dining rooms associated with adult congregate living facilities.
Public telephones and vending machines shall only be permitted to be located inside
buildings; however, one public telephone may also be permitted outside, as long as it
is not located in a required front yard, required side yard facing a street, or on a
facade facing a street; the exact location and manner of placement of all public
telephones shall be subject to design review approval. One automatic teller machine
shall be permitted on the exterior walls of buildings, when associated with an
accessory commercial use allowed under subsection 142-902(2)e., except in historic
districts. The exact location and manner of placement for automatic teller machines
shall be subject to design review approval.
Buildings in the RM-3 and R-PS4 districts may have commercial, office, eating or
drinking uses with access from the main lobbv or from te the street if they are either
located on in the ground floor spaee, subterranean level or on iR the highest floor of a
building; however, office space, when oriqinallv constructed on the second level of
an existino building mav be retained and when located on the ground floor, shall be
at least 50 feet from the front property line.
Solarium, sauna, exercise studio,
residents or open to the public by
appropriate agencies.
health club or massage service for use by
an individual licensed by the state or other
b.
c.
d.
e.
f.
g. Any accessory commercial use as permitted herein shall be located on the lobby
level or first floor if no apartment units on such levels. This provision shall not apply
to home based business offices as provided for in section 142-1411
h. Family day care centers as defined in subsection 142-905(bX1).
i. One property management office for the purpose of managing residential units within
the building as well as residential units located in other buildings under common
beneficial ownership, as long as the total number of units does not exceed a
maximum of 100 units.
2
639
j. Buildings in the RM-2 district in the area bounded by lndian Creek Drive, Collins
Avenue, 41't Street and 44 th Street that face the RM-3 district may have
restaurant, coffee house, sundry shops, or food market uses located in ground
floor space not to exceed 70o/o of the ground floor. These uses may have direct
access to the street. Dance halls, entertainment establishments, neighborhood
impact establishments, outdoor entertainment establishments, or open air
entertainment establishments are not permitted. Outdoor music (including
background music) is prohibited. Any outdoor uses on lndian Creek Drive shall be
limited to no later than 11:00 p.m. Parking requirements for accessory commercial
uses in newly constructed buildings must be satisfied by providing the required
parking spaces, and may not be satisfied by paying a fee in lieu of providing
parking. There shall be no variances from these provisions.
SEGTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. GODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SEGTION 5. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
ATTEST:
CITY CLERK
MAYOR
640
APPROVED AS TO
FORM AND I.ANGUAGE
& FOR EXECUTION
L 1-s-tk
First Reading:
Second Reading:
Verified by:
Underscore denotes new language
$rilenreugh denotes deleted language
T:\AGENDA\2014Uuly\RM3 Accessory Uses - ORD First Reading.doo<
July 23,2014
4
641
il![ftHERtlD I f.liamiHenld-com IHUR5DAY. JULYN, 2O'I4 I Tl{E
MIAMIBTACH
CITY OF MIAMI BEACH
HOTICE OF PUBLIC HEARINO
NoTICE lS HEBEBY given ftat a Hrst Reading/Public Hearing will be held by fie Mayor and City Commission 0f he City of Miami Beach,
Florida, in tre Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida,0n WEdne$a$ July 23,2014,
to consider the following:
5:01 p.m.
RM-3 Accessory Uses:
An 0rdinance Amending The land Development Begulations 0f The City Code By Amending Chapter 142, "Zoning Districts And Regulations,"
Article IV "supplementary District Regulations," Oivision 2,'Accessory Uses," Seclion 142-902,'Permitted Accessory Uses," Amending Criteria
tgr Accessory Uses ln Afartment Buildings; Providing For Repealer; Cod'rfication; Severability And An Effective Dale. lnguiries mry b directed
ts ffia Plannhg Deprtnent a|306.673.7550.
lnterested parties are invitd to appeer at this meeling, or be represeriled by an agent, or lo expres fieir vis*ts in writing addressed to
lhe City Commission, c/0 fie Crty Clerk, 1700 Coflvention Cefiter Drive, 1$ Floff, qU Hall, Miami Beach, Florida 33'139. C@ies of fiis item is
available lor public inspection during normal business hours in he Oty 0erkb 0ftice, 1700 Convention Cenler Drive, 1s Flos, City Hall, Miami Beach,
Flqida 33139. This meeting,0r any item firein, may be continued, and under such circumslances, additional legal noiice need not be prodded.
Pursuant t0 Section 286,0105, Fla. Stal., tre City hereby advises tre pr:b,lic that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at its meeting or its hearing, sudt person musl ensure fiat a verbatim record of
the proceedings is made, which record includes fie testimuny and evidence upon which the appeal is to k based. This notice does not
constifute consent by tre City lor fie infoduction or admission of otherwise inadmissible or inelevant evidence, nor does it authorire challenges
or appeals not o&erwise allowed by law
To requesl fiis material in accessible formal, sign language inlerpeters, information 0n access for persons with disabilities andl
or any accommodation ta review any document 0r garticipate in any City-sponsored proceeding, please contact us live days in advance
at 305.673.741'l(voice) or TTY users may also call the Florida Relay Service at 71 'l .
Rafael E. Granado, City Clerk
Cig ol Miami Beach
905
642
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644
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment modifying the definition of Building Heights.
AGENDA ITEI' RS T
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% ol residential respondents and 55% of
businesses rate the effort put forth by the CiW to is "about the rioht amount."
ltem Summary/Recommendation :
FIRST READING
The proposed Ordinance would modify the manner in which building heights are calculated by
measuring height from flood elevation as opposed to grade (sidewalk).
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading
and schedule a Second Reading Public Hearing for September 10,2014.
On June 24, 2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Clerk's Office
Thomas Mooney
T:\AGEN DA\201 4U uly\Height Defi nition - SU M First Reading. docx
E MIAMIBEACH o^rE '7)3-u645
g MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: DEFINITION OF BUILDING
FIRST READING
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
M!AM! BEACH, FLORIDA, BY AMENDING GHAPTER 114, "GENERAL
PROVISIONS," SECTION 114-1, "DEFlNlflONS," BY INCLUDING
DEFINITIONS FOR MINIMUM FINISHED FLOOR AND CITY OF MIAMI
BEACH FREEBOARD, AND BY AMENDING THE DEFINITION OF HEIGHT
OF BUILDING; PROVIDING FOR REPEALER; SEVERABILITY;
GODIFICATION; AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and schedule a Second Reading Public
Hearing for September 10, 2014.
BACKGROUND
On February 12, 2014, at the request of Commissioner Joy Malakoff, the City
Commission referred a discussion item to the Land Use and Development Committee
pertaining to the measurement of heights in commercial districts, including maximum
heights within the CPS-1 district. On March 19,2014, the Land Use Committee referred
an Ordinance amendment to the Planning Board, which would change the measurement
of building height from the current grade to Base Flood Elevation. Additionally, the
Mayors Blue Ribbon Panel of Flooding and Sea Level Rise has recommended in favor of
the Ordinance.
ANALYSIS
With the exception of the RS (Single Family) Districts, the City Code currently requires
that maximum height limits be measured from grade (sidewalk elevation). As part of the
discussion pertaining to Seal Level Rise and Flooding, the subject Ordinance would
establish maximum height limits from base flood elevation in commercial and multi-
family districts, should a proposed project elect to construct the first level at or above
flood elevation.
Currently, with the exception of the RS (Single Family Districts) building height is
measured from grade (the sidewalk elevation at the center of the property), to the
TO:
FROM:
646
Commission Memorandum
Ordinance - Definition of Building Height
July 23, 2014 Pase 2 of 3
highest point of the roof. The Florida Building Code requires the minimum finished floor
of the first habitable floor to be elevated to the property's FEMA base flood elevation. ln
some instances, the difference between grade and base flood elevation is significant.
For example in the Sunset Harbor Neighborhood, there are properties with a grade
elevation of 3'-0" NGVD and a base flood elevation of 8'-0" NGVD. The Florida Building
Code does allow commercial properties to build habitable floors below the base flood
elevation, if the area located below base flood is either dry or wet flood proofed.
ln an attempt to address the challenges the City is facing from sea level rise the City is
studying the adoption of higher flood management standards, known as freeboard. The
proposal would increase the FEMA base flood elevation, requiring the minimum finished
floor to be higher than the FEMA requirement. Although such an increased elevation
has yet to be adopted, the proposed ordinance references these new standards, should
they be adopted and or modified in the future.
ln order to promote more flood resilient development that will ensure the longevity of the
City's future building stock, amendments to the manner in which building height is
measured are being proposed. The proposal envisions three different scenarios for
measuring building height.
Scenario 1: The minimum finished floor elevation is located between grade and base
flood elevation plus City of Miami Beach_freeboard.
For buildings that choose to locate commercial or nonresidential space
below the minimum base flood elevation determined by the Building
Department (FEMA base flood elevation plus freeboard), but above grade,
the height will be measured form the minimum finished floor
elevation proposed.
Scenario 2: Enclosed space is located at or below grade.
For buildings that have commercial or nonresidential space located at or
below grade, the building height will be measured from grade.
Scenario 3: The minimum finished floor elevation is located above the base flood
elevation pl us freeboard.
ln order to encourage new construction to build to the new higher standard
when the first habitable floor is located at or above the base flood elevation
plus freeboard the building height will be measured form base flood
elevation plus Gity of Miami Beach-freeboard.
While the goal is to promote development that is more resistant to flooding, there is a
potential for some infill development to be inconsistent with the City's as-built context,
particularly in commercial districts. Some uses, such as retail, rely on having an active
presence, as well as direct access, at sidewalk level. ln order to accommodate this
need, an exception is recommended for buildings when the first habitable floor is located
at or above base flood plus City of Miami Beach freeboard. The exception would allow a
transition space, with a maximum depth of 2O'-Q", to be located at grade without
requiring the building's height to be measured from grade. This space would serve
several critical functions. First, it would provide the street presence that the commercial
uses and the City depend upon. Second, it would minimize the impact that infill
development would have on neighboring buildings. Lastly, it would provide a space to
create a transition from the sidewalk to the elevated floor with interior stairs and ramps.
These transition areas typically occur at sidewalk level, and could be designed to be
647
Commission Memorandum
Ordinance - Definition of Building Height
July 23, 2014 Page 3 of 3
absorbed by raised streets and sidewalks at some point in the future.
PLANNING BOARD REVIEW
On June 24, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2188).
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
CONCLUS!ON
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and schedule a Second Reading Public
Hearing for September 10, 2014.
JLM/JMJ/TRM
T:\AGENDA\2O 1 4U uly\Height Defi nition - MEM First Reading.docx
648
BUILDING HEIGHTS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry GOMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEAGH, FLORIDA, BY AMENDING CHAPTER 114,
"GENERAL PROV|SIONS," SECTION 114-1, ,,DEF!N!T!ONS," By
INCLUDING DEFINITIONS FOR MINIMUM FINISHED FLOOR AND
GITY OF MIAMI BEACH FREEBOARD, AND BY AMENDING THE
DEFINITION OF HEIGHT OF BUILDING; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, the City Code provides for the regulation of how the height of
buildings are measured, including definitions and exclusions; and
WHEREAS, the City desires to change the method in which the height of
buildings are measured to address sea level rise; and
WHEREAS, it is appropriate to update the definitions in the Land Development
Regulations; and
WHEREAS, changing the definitions is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. City Code Chapter 114, "General Provisions," Section 114-1, "Definitions,"
is hereby amended as follows:
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Cifv of Mrami Eeach Freeboard For purposes of measurino buildino heiqht. Citv of
Miami Beach Freeboard means the additional elevation between the minimum finished
floor elevation and the base flood elevation. as provided in Section 54-48. Specffic
Standards for Flood Hazard Reduction.
Height of building means the vertical distance from the grade te the higlrest peint ef the
reef the lowest floor accordinq to the followino. as applicable:
a) When the minimum finished floor elevation is located between orade and base flood
elevation plus 'Citv of Miami Beach Freeboard', heisht shall be measured from the
minimum finished floor elevation to the highest point of the roof;
b) When enclosed commercial or residential space is located at or below orade, heiqht
649
shall be measured from qrade to the hiqhest point of the roof;
c) When the minimum finished floor elevation is located above the base flood elevation
plus 'Citv of Miami Beach freeboard'. heiqht shall be measured from the base flood
elevation plus'Freeboard'.
The highest point of a roof is as follows:
(1) The highest point of a flat roof;
(2) The deck line of a mansard roof;
(3) The average height between eaves and ridge for gable, hip, and gambrel roofs;
or
(4) The average height between high and low points for a shed roof.
Mrnmum finished f/oor e/evafrbn means the lowest enclosed floor above orade and shall
not include areas for buildino access. provided such areas do not exceed a depth of 20
feet from the exterior buildino face. lnterior stairs, ramps and elevators used to transition
from qrade to the minimum finished floor elevation mav be located bevond the 20 feet
depth from the exterior buildino face. However, areas for buildinq access mav exceed a
depth of 20 feet from the exterior buildino face if approved bv the Desiqn Review Board
or Historic Preservation Board, as applicable.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. Severability.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
2of3
650
PASSED and ADOPTED this day of
ATTEST:
CITY CLERK
First Reading:
Second Reading:
July 23,2014
Verified by:
T:\AGENDAI2OI 4UulyVleight Defi n ition - ORD First Reading.docx
IUIAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
2014.
FrCr\-
k CityAttomey
Planning Director
3of3
651
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652
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment modifying the Applicability Section of the recently
revisions to the Sinqle Family Home lations.
lntended Outcome
AGENDA ITEM R55
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth by the City to requlate development is "about the rioht amount."
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would extend the applicability of the effective date of the Ordinance, to allow
single family home projects submitted prior to February 12, 2014 to continue under the previous
Ordinance, under limited circumstances.
On February 12,2014, the City Commission adopted 2015-385, pertaining to development regulations
for single family homes.
On April 23,2014, the City Commission referred the proposed Ordinance, amending the 'applicability'
section, to the Planning Board.
The Administration recommends that the City Commission approve the Ordinance at First Reading
and schedule a Second Reading Public Hearing for September 10,2014.
On June 24, 2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Financial !nformation:
Source of
Funds:
Amount Account
1
2
3
OBP!Tota!
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
T:\AG EN DA\20 1 4Uuly\Single Family Applicability - SUM First Reading.docx
E MIAMIBEACH o*re -7'Ln4{653
g MIAMI BEACH
City of Miomi Beoch, 'l700 Convention Center Drive, Miomi Beoch, Florido 33 1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBjECT: SINGLE FAMILY APPLICABILITY -IREVISED
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE GITY GODE, FLORIDA, BY AMENDING
ORD!NANCE 2014.3835, WHICH REVISED THE DEVELOPMENT
REGULATIONS FOR SINGLE FAMILY HOMES IN THE RS.{, RS-2, RS.3
AND RS"4 ZONING DISTRICTS, WHICH AMENDED SECTIONS 142-105
AND 142.106 OF THE CITY CODE, BY AMENDING THE ORDINANCE'S
APPLICABILITY SECTION 3, "EXCEPTIONS," TO PROVIDE FOR
ADDITIONAL EXCEPTIONS FOR PERSONS WHO HAD APPLIED FOR
LAND USE BOARD APPROVAL OR PERMITS PRIOR TO ADOPTION OF
THE ORDINANCE, PROVIDING FOR REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for September 10, 2014.
BACKGROUND
On September 24, 2013, the Planning Board transmitted an Ordinance to the City
Commission with a favorable recommendation that substantially modified the single
family development regulations to address the issue of 'oversized' homes. Additionally,
the Planning Board recommended the following applicability schedule, which was
included in the draft Ordinance:
This ordinance shall not apply to:1. Anyone who filed an application for development approval with the
Planning Depaftment or for permit with the Building Department on or
before July 17, 2013; or2. Anyone who purchased property within the three months prior to July 17,
2013; or3. Anyone who entered into a contract to purchase propefty with a deposit in
escrow priorto July 17, 2013; or4. Anyone who establishes equitable estoppe/ as sfafed in Florida case law
as proven by affidavit and documentation, evidencing the expenditure of
funds prior to July 17, 2013 for development of the property, to the
FIRST READING
654
Commission Memorandum
Ordinance - Revised SF Applicability
July 23, 2014 Page 2 o'f 6
satisfaction of the City Attorney; or5. Anyone who estabf'shes equitable estoppel as provided in City Code
Section 118-168, by obtaining a building permit or Design Review Board
approval prior to zoning in progress or City Commission adoption of this
Ordinance.
On January 15, 2014, the City Commission approved the subject Ordinance at First
Reading and scheduled a Second Reading Public Hearing for February 12, 2014.
Additionally, the Commission referred the item to the Land Use and Development
Committee for further discussion, prior to Second Reading.
On January 22, 2014, the Land Use and Development Committee recommended
additional modifications to the Ordinance, including revising the applicability dates and
exemptions. On February 12, 2014, the City Commission adopted the Ordinance at
Second Reading (Ordinance No. 2014-3835), in accordance with the recommendations
of the Land Use Committee and with the following revised applicability schedule:
This ordinance shall not apply to:
1. Anyone who filed an application for Land Use Board Approval with the Planning
Department on or before September 24, 2013; or
2. Anyone who obtained a Building Permit Process Number from the Building
Department on or before September 24, 2013; or
3. Anyone who estab/ishes equitable estoppel as provided in City Code Section
1 18-168, by obtaining a building permit or Design Review Board approval prior to
zoning in progress or City Commission adoption of this Ordinance.
On April 23, 2014 the City Commission referred the proposed amendment to the
applicability section of the Ordinance to the Planning Board.
ANALYSIS
The subject Ordinance amendment proposes to modify the applicability schedule for
Ordinance No. 2014-3835 as follows:
This ordinance shall not apply to:1. Anyone who filed an application for Land Use Board Approval with the Planning
Depaftment on or before September 24, 2013; or2. Anyone who obtained a Building Permit Process Number from the Building
Department on or before September 24, 2013; or3. Anyone who establishes equitable estoppel as provided in City Code Secfion
118-168, by obtaining a building permit or Design Review Board approval prior to zoning
in progress or City Commission adoption of this Ordinance; or4. Anvone who filed an application for Land Use Board Approval on or before
Februarv 12. 2014. provided the prooosed new home is consistent with all of the
requirements set forth in the Ordinance recommended bv the Planninq Board on
September 24, 2013:or5. Anvone who filed an application for permit with the Buildinq Department and
received a Buildinq Permit Process Number on or before Februarv 12. 2014, provided:
a. The proposed new home is consistent with all of the reouirements set forth in
the Ordinance recommended bv the Planninq Board on September 24, 2013: and
b. The followinq drawings, which are siqned and sealed bv a Reqistered
Architect, are included as paft of the application to the Buildinq Depaftment:i. Site Plan:
ii. Floor Plans
655
Commission Memorandum
Ordinance - Revlsed SF Applicability
July 23, 2014 Page 3 of 6
iii Exterior Elevations
iv. All reouired Electrical. Plumbinq, Mechanical and Structural Drawinqs.
Applicability provisions recognize that persons who had relied on the existing regulations
prior to the adoption of the subject Ordinance, which reliance is indicated by their
preparing and filing applications for land use board approval or building permits prior to
its adoption, should be provided some relief based on such filings. The proposed
amendment to the applicability section of the Ordinance also recognizes that during the
timeframe between the transmission of the Planning Board version of the Ordinance on
September 24, 2013 and the final adoption of the Ordinance on February 12, 2014,
plans were prepared and applications were made for building permits and land use
board approval, based upon the Ordinance version reviewed and recommended by the
Planning Board.
The following is a summary of the changes made to the Ordinance between the version
recommend by the Planning Board (September 24,2013) and the version adopted by
the City Commission (February 12,2014):
1. Section 142-105(b)(1) of the Planning Board version proposed to set a maximum
unit size of 4Oo/o for lots zoned RS-1/RS-2 and a maximum unit size of 50% for
smaller properties zoned RS-3/RS-4; the DRB could allow up to 50% for RS-1
and RS-2 properties. The City Gommission removed the 40% distinction for
RS-l/RS-2 lots, and allowed for an across the board maximum 50% unit
size for all sites, regardless of zoning classification.
2. Section 142-105(b)(3) of the Planning Board version proposed maximum lot
aggregation of no more than 3 contiguous lots, in the event that the 3'd lot is used
only for accessory structures and amenities. The Gity Gommission clarified
this section to permit a new home to be located in the middle of a site
consisting of 3 lots, provided the sum of the side yard setbacks of the main
structure are equivalent to the width of the smallest of the 3 aggregated
lots. Additionally, the overall unit size and lot coverage of the main home is
based upon the combined size of the largest 2 lots.
Section 142-105(b)(4)c of the Planning Board version proposed that the 'physical
volume' of the second floor of a new home not exceed 70o/o of the first floor; this
threshold can be waived by the DRB. The Gity Gommission clarified that the
70o/o 2"d floor votume rule only applies in those instances where the overall
lot coverage for a proposed home is 25o/o or greater, and that the 70%
limitation was calculated based upon the size of first floor of the main
home, exclusive of any. enclosed required parking area. Additionally, this
70% requirement lor 2no story volume can still be waived at the discretion
of the DRB/HPB.
Section 142-105(b)(6) of the Planning Board version introduced minimum ten
(10') foot setback requirements for roof decks from the side and front walls of a
home. The City Commission required that a ten (10') foot setback also be
required from the rear wall of non-waterfront lots, unless waived by the
DRB/HPB. The DRB/HPB would only have the authority to waive the rear
setback on non-waterfront !ots.
Section 142-105(b)(1) of the Planning Board version set a maximum height limit
of 28 feet (31 feet for sloped roofs) for lots zoned RS-1/RS-2 and a maximum
height limit of 24 feet (27 feet for sloped roofs) for properties zoned RS-3/RS-4.
3.
4.
5.
656
Commission Memorandum
Ordinance - Revlsed SF Applicability
July 23, 2014 Page 4 of 6
The City Commission retained the maximum height limit of 24leet (27 teet
for sloped roofs) for properties zoned RS4, but now allows the DRB/HPB
to waive these height limits for RS-3 zoned properties, and allow up to 28
feet (31 feet for sloped roofs).
6. Section 142-105 (bX4) of the Planning Board version did not change the
exemptions from unit size. The Gity Commission amended the exemptions
for unit size by limiting terraces, breezeways, and open porches to a
maximum projection of ten feet from the building, beyond which such
larger areas would count towards a home's unit size. Exterior unenclosed
private balconies were limited to a projection of no more than six feet, and
any such projections beyond six feet would count towards a home's unit
size.
7. Section 142-105 (bxs) of the Planning Board version counted towards lot
coverage internal courtyards which are substantially enclosed on four sides. The
City Commission amended this to count internal courtyards, which are
enclosed on three or more sides, in the lot coverage calculations.
As indicated in the proposed revisions to the applicability section of the Ordinance, those
eligible will be required to comply with all of the requirements set forth in the Ordinance
recommended by the Planning Board on September 24,2013. Although the final version
adopted by the City Commission was both more restrictive in some areas and less
restrictive in other areas compared to the Planning Board version, an applicant opting to
take advantage of the revised applicability provisions would have to comply with all of
the code provisions of the Planning Board version of the Ordinance, and would not be
able to avail themselves of any of the less restrictive amendments that were adopted in
the final Ordinance.
PLANNING BOARD REVIEW
On June 24, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2187).
FISCAL IMPACT
ln accordance with Chafter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
The Administration recognizes that the Ordinance adopted on February 12,2014 went
through a very lengthy and sometimes arduous public hearing process. While not
everyone was completely happy with the modifications approved, overall the subject
Ordinance did strike a careful balance between the legitimate development rights of a
single family home owner and the need to preserve and enhance the character and
fabric of single family districts, which makes Miami Beach a special place.
Below is an updated list of four (4) homes that could potentially take advantage of the
proposed extended applicability clause:
657
Commission Memorandum
Ordinance - Revised SF Applicability
July 23, 2014 Page 5 of 6
Proposed homes that applied for Desiqn Review Board (DRB) approval prior to Februarv
12.2014.. 2142 North Bay Road - DRB File No. 23020 I 81404580. The project was
approved on December 3, 2013, and the application was originally filed on Oct 9,
2013. The lot size is 20,260 SF and the application exceeds the maximum
permitted Unit Size by approximately 2o/o (52% proposed).
. 6480 Allison Road - DRB File No. 23034. The project is currently pending and
scheduled for the October 7,2014 meeting; the application was originally filed on
February 5, 2014 (plans dated 10-2-2013). The lot is 23,700 SF and the
application exceeds the maximum permitted Lot Coverage by approximately 5%
(35% proposed).
Proposed homes that were issued a Buildinq Permit Process Number prior to Februarv
12. 2014 (Land Use Board Approvalwas not reouired):o 1161 Stillwater Drive - 81401177. The application for Building Permitwas filed
on December 6, 2013 and is currently pending. The initial permit application did
not provide a survey, nor lot coverage and unit size diagrams. lt appears, though,
that some of the balcony projections may count toward the overall unit size of the
house.
. 412 West Dilido Drive - 81401989. The application for Building Permit was
filed on January 30,2014 and is currently pending. The lot is 16,470 SF and
the application exceeds the maximum permitted Unit Size by approximately 1o/o
(51% proposed).
Note: The plans for the above noted Building Permit applications have been picked up
by the owners, in order to address the initial round of comments provided by all
disciplines. Upon the re-submission of revised plans, Planning Staff will need to verify
whether the applications still exceed the maximum unit size and / or lot coverage
requirements.
Under the proposed extension of the applicability section, the permit plans for all 4 of
these properties would have to be consistent with the version of the Ordinance
recommended by the Planning Board on September 24,2013. ln order to ensure that
these applications do not increase the degree of non-conformity subsequent to approval
from a Land Use Board or the issuance of the Building Permit Process Number, minor
additional text is being recommended to address this potential issue, should the City
Commission move fonuard with the proposal.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for September 10, 2014.
It is further recommended that the following modifications (in bold) be incorporated into
the Ordinance for Second Reading:
This ordinance shall not apply to:1. Anyone who filed an application for Land Use Board Approval with the Planning
Department on or before September 24, 2013; or2. Anyone who obtained a Building Permit Process Number from the Building
658
Commission Memorandum
Ordinance - Revised SF Applicability
July 23, 2014 Page 6 of 6
Department on or before September 24, 2013; or3. Anyone who establ'shes equitable estoppel as provided in City Code Section
1 18-168, by obtaining a building permit or Design Review Board approval prior to zoning
in progress or City Commission adoption of this Ordinance; or4. Anvone who filed an application for Land Use Board Approval on or before
Februarv 12, 2014. orovided the proposed new home is consistent with all of the
requirements set forth in the Ordinance recommended bv the Plannino Board on
September 24, 2013 and provided the deqree of non-conformitv does not increase
subsequent to Land Use Board approval:or5. Anvone who filed an application for permit with the Buildinq Depariment and
received a Buildinq Permit Process Number on or before Februarv 12, 2014, provided:
a. The proposed new home is consistent with all of the requirements set fotth in
the Ordinance recommended bv the Planninq Board on September 24. 2013: and
b. The degree of non-conformitv does not increase subsequent to the
issuance of the Buildino Permit Process Number: and
c. The tollowinq drawi
Architect. are included as part of the application to the Buildinq Department:i. Site Plan:
ii. Floor Plans
iii Exterior Elevations
iv. All reouired Electrical. Plumbinq, Mechanical and Structural Drawinqs.
JLM/JMJ/TRM
T:\AGENDAVOl4Uuly\Single Family Applicability - MEM First Reading.docx
659
APPLICABILITY CLAUSE TO ORDINANCE 2014.3835
SINGLE FAMILY DEVELOPMENT REGULATIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, FLORIDA, BY AMENDING ORDINANCE
2014.3835, WHICH REVISED THE DEVELOPMENT REGULATIONS FOR
SINGLE FAMILY HOMES IN THE RS.l, RS.2, RS.3 AND RS..4 ZONING
DISTRIGTS, WHICH AMENDED SECTIONS 142.105 AND 142.106 OF THE
CITY CODE, BY AMENDING THE ORDINANCE'S APPLICABILITY SECTION
3, "EXCEPTIONS," TO PROVIDE FOR ADDITIONAL EXCEPTIONS FOR
PERSONS WHO HAD APPLIED FOR LAND USE BOARD APPROVAL OR
PERMITS PRIOR TO ADOPTION OF THE ORDINANGE, PROVIDING FOR
REPEALER; SEVERAB!L!TY; AND AN EFFECTIVE DATE.
WHEREAS, the regulation of additions and new construction in single family districts
was necessary in order to ensure compatible development within the built character of the
single-family neighborhoods in the City; and
WHEREAS, new homes and additions that are compatible with the prevailing character
of existing residential neighborhoods should be encouraged and promoted; and
WHEREAS, the City Commission recognizes that persons who had relied on the existing
regulations prior to the adoption of Ordinance 2Q14-3835, which reliance is indicated by their
preparing and filing applications for land use board approval or building permits prior to the
adoption of Ordinance 2014-3835, should be provided some relief based on such filings; and
WHEREAS, this amendment accomplishes the above objective.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 3, "Exceptions," of Ordinance 2014-3835, adopted February 12,
2014, is hereby amended to read as follows:
SECTION 3. EXCEPTIONS.
This ordinance shall not apply to:1. Anyone who filed an application for Land Use Board Approval with the Planning
Department on or before September 24,2013; or2. Anyone who obtained a Building Permit Process Number from the Building Department
on or before September 24,2013; or3. Anyone who establishes equitable estoppel as provided in City Code Section 1 18-168,
by obtaining a building permit or Design Review Board approval prior to zoning in progress or
City Commission adoption of this Ordinance; or4. Anvone who filed an application for Land Use Board Approval on or before Februarv 12.
2014. provided the proposed new home is consistent with all of the requirements set forth in the
Ordinance recommended bv the Planninq Board on September 24. 20'13:or5. Anvone who filed an application for permit with the Buildino Department and received a
Buildino Permit Process Number on or before Februarv 12. 2014. provided:
660
a. The proposed new home is consistent with all of the requirements set forth in the
Ordinance recommended bv the Planninq Board on September 24. 2013: and
b. The followino drawinqs. which are sioned and sealed bv a Reoistered Architect. are
included as part of the application to the Buildino Department:i. Site Plan:
ii. Floor Plans
iii Exterior Elevations
iv. All required Electrical. Plumbinq. Mechanical and Structural Drawinqs.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2014.
MAYOR
CITY CLERK
July 23,2014
,201
Verified by:
Planning Director
Underscore denotes new language
T:\AGENDA\201 4Uuly\Single Family Applicability - ORD First Reading.docx
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
;;'l-g- I k
City Attorney Date
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662
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Chapter 46 Of The Miami Beach City Code, Entitled "Environment," By Amending Article ll, "Care And
Maintenance Of Trees And Plants," By Amending Division 2, "Trees"; To Amend The Definitions,
Purpose And lntent; Scope, Applicability And Exemptions; Permitting Application Requirements,
Notice And Procedures For Obtaining Permits; lmposing Criteria And Conditions For Tree Removal
And Relocation; Tree Replacement; Tree Preservation And Protection Requirements; Defining And
Protecting Heritage And Specimen Trees; Establishing A Miami Beach Tree Preservation Trust Fund;
Regulating Tree Services And Arborists; Defining Trees Constituting A Public Nuisance; Providing For
Appeals; Enforcement And Civil Remedies; Prohibited Species, Duties And Authority Of The Urban
Forester: And Providinq For ; Codification;; And An Effective Date.
lntended Outcome Su
Data (Surveys, EnvironmentalScan, etc: n/a
Item Summary/Recommendation :
The City of Miami Beach (City) adopted the current version of the Article ll. Care and Maintenance of
Trees and Plants Division 2 Trees code on November 8, 2001. Since that time there has been
substantial positive growth of the City's urban forest. A major reforestation effort was approved and
initiated in FY 2006/2007. This effort, combined with neighborhood tree installations associated with
ongoing CIP projects, has resulted in 10,000+ reforestation trees in the City's streetscapes, parks and
other public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect and
increase the value of the urban forest the development of a strong tree ordinance is of paramount
importance. The City is currently subject to the Miami Dade County (County) tree preservation and
protection ordinance. The present City tree code lacks adequate specifications and is therefore not
officially recognized. The tree code has been redrafted to incorporate many of the tenets present in
the current Miami Dade County tree preservation and protection ordinance, with additional
specifications uniquely tailored for the City of Miami Beach's urban forest. Adoption of the revised
code will allow for an official exemption from the County tree removal permitting regulations, and also
provide a potential urban forest management funding source.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review and
commenting from the County RER Tree Program, and has received initial approval for compliance
with the minimum requirements for exemption from the County Environmental Code. We are currently
in final review stages with County RER Tree Program. Should the Commission approve the
Ordinance on First Reading, approval will be sought from the County prior to the Second Reading,
Public Hearing.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING
AND SETTTNG A SECOND READING PUBLIC HEARING.
This item was presented at the April 25, 2014 Neighborhoods/Community Affairs Projects Committee
for discussion and further direction. At this meeting, the Committee recommended moving forward
with a draft Ordinance to the full Commission for
Source of
Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
islative Tracki
t:\agenda\201 4\june\tree ordinance - sum.docx
AGENDA ITEIT'Rst<
1-73-tVE AAIAAAIBTACH DATE663
City of Miomi Becch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and M of the Commission
READING
@ MIAMIBEACH
FRoM: Jimmy L. Morales, City
DATE: July 23,2014
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY
coDE, ENTITLED "ENVIRONMENT," BY AMENDING ARTIGLE ll, "CARE AND
MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, "TREES";
TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SGOPE, APPLICABILITY
AND EXEMPTIONS; PERMITTING APPLICATION REQUIREMENTS, NOTICE AND
PROCEDURES FOR OBTAINING PERMITS; IMPOSING CRITERIA AND
CONDITIONS FOR TREE REMOVAL AND RELOCATION; TREE REPLACEMENT;
TREE PRESERVATION AND PROTECTION REQUIREMENTS; DEFINING AND
PROTECTING HERITAGE AND SPECIMEN TREES; ESTABLISHING A MIAMI
BEACH TREE PRESERVATION TRUST FUND; REGULATING TREE SERVICES
AND ARBORISTS; DEFINING TREES CONSTITUTING A PUBLIC NUISANCE;
PROVIDING FOR APPEALS; ENFORCEMENT AND CIVIL REMEDIES;
PROHIBITED SPECIES; DUTIES AND AUTHORITY OF THE URBAN FORESTER;
AND PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on First Reading and setting a
Second Reading Public Hearing.
BACKGROUND
The City of Miami Beach (City) adopted the current version of the Afticle ll. Care and
Maintenance of Trees and Plants Division 2 Trees code on November 8,2001. Since that time
there has been substantial positive growth of the City's urban forest. A major reforestation effort
was approved and initiated in FY 200612007. This effort, combined with neighborhood tree
installations associated with ongoing CIP projects, has resulted in 10,000+ reforestation trees in
the City's streetscapes, parks and other public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect
and increase the value of the urban forest the development of a strong tree ordinance is of
paramount importance. The City is currently subject to the Miami Dade County (County) tree
preservation and protection ordinance. The present City tree code lacks adequate specifications
and is therefore not officially recognized. The tree code has been redrafted to incorporate many
of the tenets present in the current Miami Dade County tree preservation and protection
664
Tree Ordinance- Memo
July 23, 2014 Page 2 ot 3
forest. Adoption of the revised code will allow for an official exemption from the County tree
removal permitting regulations, and also provide a potential urban forest management funding
source.
A discussion related to the City's tree ordinance was presented at the April 25, 2014
Neighborhoods/Community Affairs Projects Committee (NCAC) for further direction. At this
meeting, the Committee recommended moving forward with a draft Ordinance to the full
Commission.
ANALYSIS
Key Revision and Comparison Points:
o Miami Beach gains control over its urban forest. The City has qualified professional staff
to manage the City's tree inventory, but at present, the City must obtain County
Regulatory and Economic Resources (RER), Environmental Resources Management
Tree Program approval and a Tree Removal/Relocation Permit to relocate or remove
trees. This delays recommended management activities and costs money every time the
City applies for a tree removal/relocation permit.
o Defines the duties and authority of the City Urban Forester, establishing this person as
individually responsible for managing the City's trees. The Urban Forester is the City
official who is responsible for the management of the City's urban forest and who is
assigned to carry out the enforcement of this ordinance. ln matters of tree planting,
maintenance, removal, relocation, fertilization, bracing and all other activities and
practices that require knowledge of trees and expertise in arboricultural practices, the
Urban Forester is the City's designated authority.
o Creates a Tree Preservation Trust Fund to collect fees, penalties and donations. This
fund shall solely be used for the planting of trees in Miami Beach and any other ancillary
costs associated with the planting, establishment or preservation of trees.
. All fees, mitigation payments, and penalties will be paid to Miami Beach, rather than the
County. At present there is no mechanism that requires payments collected for Miami
Beach properties to be spent in Miami Beach. We can lose trees but get nothing in
return. The City can fund much of its tree planting with money collected as a result of
implementation of this tree code. Mitigation in the revised code will be based on total
trunk diameter of the removed trees, rather than amount of canopy removed as in the
County code. Using trunk diameters is a more straightforward approach.
. Adopting the revised code would streamline permitting for tree removals and relocations
by eliminating the need to involve and or obtain permission from outside agencies which
in turn saves time and costs for City residents.
. The revised code creates a Heritage Tree designation to recognize and protect trees of
unique character and high value. This allows the City to protect any tree, palm or tree
grouping with a historical value and also includes a strong mechanism to help prevent
any unauthorized removals of these trees and understory. The process to determine the
removal of Heritage Trees will be discussed and incorporated in the final tree ordinance
draft.
665
Tree Ordinance- Memo
July 23, 2014 Page 3 ol 3
o The County defines Specimen Trees as those with a trunk diameter of 18" or greater.
Mitigation for the removal of Specimen Trees requires more replacement trees and/or
higher mitigation payments than for non-specimen trees. The revised City code
decreases the trunk diameter of Specimen Trees to 9". Trees of this size provide
significant canopy cover, and many of our smaller native species never reach an 18"
diameter. One of these trees could be the U.S. champion but still not be considered a
specimen tree. This recommended change acknowledges the importance of trees
smaller than 18", and is the biggest shift in previous policy concerning permitting and
mitigation.
o Although the County code and the revised City code both require tree protection on
construction sites, and generally specify the same types of protective measures, the
revised City Code provides more comprehensive specifications. Detailed requirements
to remove ambiguity, and promote better compliance. Provisions are included for
adjustments to the requirements if authorized by the Urban Forester.
. The revised code would require tree service providers to register with the City. When
they register, contractors would be provided with a clearly written document that explains
the City's code requirements and proper tree care techniques. They would agree to
follow the requirements, and if they violate them would be subject to all penalties
included in the Code, and might be prohibited from working in the City. This helps shift
responsibility for proper tree care and code compliance from the property owners, who
may not know the rules, to the professionals, who should know the rules.
. The revised code provides definitions, language and punitive penalties designed to
prevent improper tree and palm pruning, etfective destruction of trees or palms and any
unlicensed tree or palm removals of protected and heritage trees on private and public
property.
o The appeal process, enforcement, fines, and civil remedies in the revised code generally
follow the existing City policy as stated in the present tree code.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review
and commenting from the County RER Tree Program, and has received initial approval for
compliance with the minimum requirements for exemption from the County Environmental
Code. We are currently in final review stages with County RER Tree Program. Should the
Commission approve the Ordinance on First Reading, approval will be sought from the County
prior to the Second Reading, Public Hearing.
CONCLUS!ON
The Administration recommends approving the Ordinance on First Reading and setting a
Second Reading Public Hearing.
Attachments: Draft Tree Ordinance
ir
JMtMrlwJF/MW
T:\AGENDA\201 4UulyPublic Works\Tree Ordinance - MEMO.docx
666
ATTACHMENT
(Draft Ordinance to be provided by Legal)
667
ORDINANCE TO BE SUBMITTED
668
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance of the Mayor and City Commission of The City Of Miami Beach, Florida, Amending Chapter 2 of the
Miami Beach City Code Entitled "Administration," by Amending Article lV Entitled "Officers And Employees," by
Section 2-191 Entitled "Enumeration Of Oroanizational Units."
Key lntended Outcome Supported:
Maximize efficient delivery of services; strengthen internal controls
ltem Summary/Recommendation :FIRST READING
Section 2-191 of the Miami Beach City Code requires that organizational units be created by law or ordinance.
Section 2-191 was amended in April 2014, when the Transportation Department was created and a scrivener's error
corrected.
The Administration last sought amendments to this section of the Code in January and May 2014. Prior to those two
instances, the last time Section 2-191 had been amended was when the Office of Elder Affairs was created in
December 1999.
Today I am recommending the creation of the Department of Emergency Management. The Administration
anticipates that this standalone department will better serve the citizens' interest by centralizing activities related to
emergency preparedness, which includes readiness to respond to natural and man-made disasters, direction of the
Public Safety Communications Unit (PSCU - 911), physical security of all City buildings, and coordination for the
acquisition and maintenance of Citywide security and communications technology.
The Administration recommends approving the ordinance on first reading and setting the second reading and public
hearing for the next regularly scheduled City Commission meeting on September 10,2014.
Advisory Board Recommendation:
Financial lnformation:
Source of
Funds:
Amount Account
1 NA NA
2 NA NA
3 NA NA
Total NA
Financial lmpact Summary:
City Glerk's Office Legislative Tracking:
AGEN'A,rr* RSL
oere 1-21'lt(9 MIAMIBEACH 669
g MIAMIBEACH
C:ty of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members o the City Com
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: AN ORDINANCE OF THE MAYOR RND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE IV ENTITLED "OFFICERS AND EMPLOYEES," BY AMENDING
SECTION 2.191 ENTITLED "ENUMERATION OF ORGANIZATIONAL
UNITS," BY CREATING THE DEPARTMENT OF EMERGENCY
MANAGEMENT; AND PROVIDING FOR REPEALER SEVERABILITY;
CODIFICATION AND AN EFFECTIVE DATE.
FIRST READING
ADMINISTRATION RECOMMENDATION
The Administration recommends approval of the ordinance on first reading and setting
the second reading and public hearing for the next regularly scheduled City Commission
meeting on September 10, 2014.
BACKGROUND
Section 2-191 of the Miami Beach City Code requires that organizational units be
created by law or ordinance. Section 2-191 was last amended in January and May
2014. Prior to those instances, the last time Section 2-191 had been amended was
when the Otfice of Elder Affairs was created in December 1999.
On May 17,2013, early in my tenure as City Manager, via Letter to Commission (LTC)
177-2013, I informed the Mayor and City Commissioners of my decision to make the
Emergency Management Coordinator a full, rather than part-time position. I appointed
Charles (Chuck) Tear, who has been reporting to me throughout his tenure. As the
Emergency Management Coordinator, Chuck was responsible for the readiness of all
City employees who play a role in the Emergency Operations Center (EOC), as well as
interacting with other jurisdictions such as Miami-Dade County, the State of Florida and
non-governmental organizations to ensure emergency preparedness.
As the Emergency Management Coordinator's role grew, it became readily apparent that
a Department of Emergency Management with a concomitant budget and staff was an
essential component of the City's administrative organizational structure. ln addition to
emergency preparedness, which includes readiness to respond to natural and man-
made disasters, the organizational unit is also responsible for the managing the Public
Safety Communications Unit (PSCU - 911), the physical security of all City buildings,
and coordination for the acquisition and maintenance of Citywide security and
communications technology.
670
City Commission Memorandum -Amending Section 2-19'l
July 23,2014
Page2 of 2
CONCLUSION
The Administration recommends approving the ordinance on first reading and setting the
;"rl?fr::s,
public hearing for the september 10,2014, city commission meetins.
671
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH
CITY CODE ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE IV
ENTITLED "OFFICERS AND EMPLOYEES," BY AMENDING SECTION 2.I91
ENTITLED "ENUMERATION OF ORGANIZATIONAL UNITS," BY CREATING
THE DEPARTMENT OF EMERGENCY MANAGEMENT; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, there currently exists the need to make modifications to the Miami Beach
City Code in order to properly enumerate the existing administrative structure of the City; and
WHEREAS, Section 4.02 of the City Charter sets forth the functions and powers of the
City Manager, which include appointing all directors of the several departments now existing, or
to be created, with the consent of the City Commission, and to the remove the same at will,
except for the Legal Department and the City's Clerk's Office; and
WHEREAS, the amendments set forth herein provide an accurate representation of the
City's administrative structure.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SEGTION 1. That Section2-191 of City Code Chapter 2, entitled "Administration," is hereby
amended as follows:
CHAPTER 2
ADMINISTRATION
ARTICLE IV. OFFICERS AND EMPLOYEES
DIVISION 1. GENERALLY
Section 2-191. Enumeration of organizational units.
The administration or organization units of the city shall be as follows:
(a) Office of the City Manager.
(b) Office of the City Attorney.
(c) Office of the City Clerk.
(d) Finance department.
(e) Human resources department.
(f) Building department.
(g) Fire department.
(h) Police department.
(i) Public works department.
672
0) Code compliance department.
(k) Office of communications.
(l) Office of budget and performance improvement.
(m) lnformation technology department.
(n) Procurement department.
(o) Transportation department.
(p) Tourism, culture, and economic development department.
(q) Planning department.
(r) Office of housing and community services.
(s) Office of capital improvement projects.
(t) Department of emeroencv manaqement.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY
lf any section, subsection, clause, or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION4. CODIFIGATION
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made a part
of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section," "article" or
other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the day of
PASSED AND ADOPTED this day of
2014.
2014.
Philip Levine
Mayor
ATTEST:
Rafael E. Granado
City Clerk
APPROVED AS TO
FORM & IANGUAGE
City Altorney
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida Amending Chapter 110 of
The Miami Beach City Code, Entitled "Utilities;" Amending Article lll, Thereof Entitled "stormwater Utility;'
Amending Section 110-109 Thereof Entitled "Stormwater Utilig Fees,' By Amending Appendix A Thereto Entitled
"Fee Schedule" To lncrease the Stormwater Utility Service Charge lmposed by the City as of October 1, 2014;
Severabilitv. and an Effective Date.for
Ensure well maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): Consistent with prior surveys, the 2009 community
survey, storm drainage was identified as areas for improvement, although improved from prior surveys. More
than half of residential and business
lssue:
Shall the Mayor and City Commission approve the amendment to the Ordinance on first reading and schedule
a second
Item S ummary/Recommendation :
On June 9, 2010, the City authorized development of a Citywide Comprehensive Stormwater Management Master
Plan (SWMMP) which was adopted on November 14, 2012 to evaluate and update its Stormwater management
practices, infrastructure, funding and regulatory policies. The SWMMP was intended to be a guide for improving
the City's Stormwater management system performance for the next 20 years, with considerations to potential sea
level rise over this time period.
On February 12, 2014, the City of Miami Beach Commission approved the recommendation of the Flooding
Mitigation Committee to amend the City's Stormwater Management Master Plan by modifying the design criteria to
meet the continuing flooding conditions in the City.
At the March 4,2014 meeting of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the March 26,2014
meeting of the Flooding Mitigation Committee, Patricia Walker, Chief Financial Officer, discussed the necessity and
process to raise Stormwater fees to cover the cost of financing the enhancements to the Stormwater System.
At the Commission meeting of April 23,2014, the Mayor and City Commission approved Resolution 2014-28580
accepting the recommendations of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise to design and
implement the upgrade of the City's storm drainage system to meet the new design criteria set by the City
Commission with a potential estimated cost of $300 million and with a target completion timeframe between 3 to 5
years.
ln order to be able to provide coverage to issue the first series of additional bonds, the Administration proposes a
monthly Stormwater rate of $16.67 per Equivalent Residential Unit ("ERU') which represents an increase for a
residential customer of $7.61 per month or 84o/o above the FY 2013114 rate of $9.06 per month.
The Finance and Citywide Projects Committee (FCWPC) met on May 20, 2014 to review the proposed Ordinance
amendment, but elected to refer the item to the full Commission for its consideration.
THE ADMINISTRATION RECOMMENDS APPROVING THE AMENDMENT TO THE ORDINANCE.
Source of
Funds:
Amount Account Approved
1
2
OBP!Total
Finance and Citywide Projects Committee, Mayor's Blue Ribbon Panel on Flooding and Sea Rise, Flooding
Financial lnformation :
Clerk's Office
ext 6479
AGENDA ''" F5M{B MIAMIBEACH ot;e 7-23'll
675
g MIAMIBEACH
FRoM: Jimmy L. Morales, City Ma
DATE: July 23,2014
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and of the City
F!RST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY
OF M!AM! BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI
BEACH CITY CODE, ENTITLED "UTILITIES;" AMENDING ARTICLE lll
THEREOF, ENTITLED "STORMWATER UTILITY;" AMENDING SECTION
110.109 THEREOF ENTITLED "STORMWATER UTILITY FEES,'' BY
AMENDING APPENDIX A THERETO ENTITLED ..FEE SCHEDULE,'' TO
INCREASE THE STORMWATER UTILITY SERVICE CHARGE IMPOSED BY
THE CITY AS OF OCTOBER 1,2014; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMIN ISTRATION RECOMMENDATION
The Administration recommends approving the Ordinance amendment on first reading and
scheduling a second reading public hearing.
BACKGROUND
On June 9, 2010, the City authorized development of a Citywide Comprehensive
Stormwater Management Master Plan (SWMMP) which was adopted on November 14,
2012 to evaluate and update its Stormwater management practices, infrastructure, funding
and regulatory policies. The SWMMP was intended to be a guide for improving the City's
Stormwater management system performance forthe next 20 years, with considerations to
potential sea level rise over this time period.
On February 12, 2014, the City of Miami Beach Commission approved the
recommendation of the Flooding Mitigation Committee to amend the City's Stormwater
Management Master Plan by modifying the design criteria to meet the continuing flooding
conditions in the City. The sea level design criteria was changed to reflect seasona! high
tides and this will require alldrainage outfalls to be pumped and the discontinuance of the
existing injection wells. The SWMMP provided a preliminary schedule of prioritized capital
improvements based on earlier criteria but does not include the improvements associated
with the revised criteria.
676
July 23, 2014 City Commission Memo
FYl5 Stormwater Rate Ordinance MEMO
Page 2 of 3
At the March 4,2014 meeting of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise
and the March 26,2014 meeting of the Flooding Mitigation Committee, Patricia Walker,
Chief Financial Officer, discussed the necessity and process to raise Stormwater fees to
cover the cost of financing the enhancements to the Stormwater System.
At the Commission meeting of April 23,2014, the Mayor and City Commission approved
Resolution 2014-28580 accepting the recommendations of the Mayor's Blue Ribbon Panel
on Flooding and Sea Rise to design and implement the upgrade of the City's storm
drainage system to meet the new design criteria set by the City Commission with a
potential estimated cost of $300 million and with a target completion timeframe between 3
to 5 years. The estimate includes the Stormwater portion of future neighborhood projects,
the retrofit of some previously constructed neighborhood Stormwater systems, and
miscellaneous Stormwater upgrades that have been identified by the Public Works
Department. The upgrades include the installation of 35 large and 30 small pump stations
and the conversion of 21 injection pumps.
At the Special Finance and Citywide Projects Committee (FCWPC) meeting of May 20,
2014 the Administration presented the funding strategy for this program recommending
issuing three separate $100 million Stormwater bonds. The first issue would be in FY 14-15
and other issues would follow as funding was needed. The need for future bond issues
may be reduced by the establishment of Stormwater impact fees, the removal of certain
restrictions on capital funds currently held by the City and any grant funds for which the
City may be eligible. The FCWPC elected to refer the item to the full Commission for its
consideration.
Rate requirements for Additional Stormwater Bonds
To determine the rates necessary to support the issuance of the first $100 million of
Stormwater Revenue Bonds, the Administration completed a series of pro-formas to
calculate the rate increases required to cover debt repayment of future Stormwater bonds.
The calculation considered debt service coverage based on two requirements of the
existing Stormwater Revenue Bond Resolution.
The first requirement, termed the additional bonds test, requires that net revenues
available for debt service be no less than 1 10 percent of the maximum annual debt service
of the outstanding plus prospective debt to be issued, for at least 12 consecutive months of
the 18 months prior to the issuance of additional bonds or, if prior to the issuance of the
proposed additional bonds, the rates are increased, then such rates may be used to project
the Net Revenues as though they were in place during the period.
The second requirement, which must be fulfilled annually, regardless of any prospective
debt issue, is termed the rate covenant. Net revenues available for debt service in each
fiscal year must not be less than 1 10 percent of the principal and interest requirements for
such fiscal year to meet the rate covenant. ln addition to meeting the two debt service
coverage requirements, annual revenues must be sufficient to meet other operating and
maintenance expenditure requirements without resulting in a cash flow deficit.
677
July 23, 2014 City Commission Memo
FY15 Stormwater Rate Ordinance MEMO
Page 3 of 3
The Stormwater Enterprise fund is anticipated to need the capacity to issue tax-exempt
debt in the amount of $100 million, plus issuance costs, by early FY 2014115 to cover the
costs of Stormwater improvement projects which will include any amounts committed from
the line of credit. The second issue of $100 million could be issued in FY 2016117 and the
third issue of $100 million could be issued in FY 2018119, as the funding is needed to
support the Stormwater improvement projects.
ln order to be able to provide coverage to issue the first series of additional bonds, the
Administration proposes a monthly stormwater rate of $16.67 per Equivalent Residential
Unit ("ERU") which represents an increase for a residential customer of $7.61 per month or
84o/o above the FY 2013114 rate of $9.06 per month.
FY
2013t14
Rate
FY
2014t15
Proposed
Rate
Difference
from FY
2009/1 0 % Change
Stormwater $e.06 $16.67 $7.61 84o/o
The recommended rate is conservative in the area of needed bond coverage based on the
information developed to date. The Administration will continue to work on the capital
needs and anticipates having more information before it is necessary to actually issue the
bonds.
The table below projects increases from FY 2014115 through FY 2018/19 including
increases for the second and third debt issuances, if needed; however, this Ordinance
amendment only includes a rate increase proposalTor FY 2014115. As with this year, we
will refine these on an annual basis.
Stormwater
Proposed Fees
Current
Rate
FY
2014t15
FY
2015t16
FY
2016t17
FY
2017 t18
FY
2018t19
Monthlv Charoe $ 9.06 16.67 16.67 $ 23.01 $ 23.01 $ 27.38
o/o Fee lncrease 84o/o 0o/o 38o/o 0o/o 19o/o
Monthly lncrease $ 7.61 $ 6.34 $ 4.37
CONCLUSION:
The Administration recommends approving the Ordinance amendment on first reading and
scheduling a second reading public hearing.
JLM/PDW/GE
T:\AGENDA\2014Uune 1 1\Regular\FYl 5 Stormwater Rate Ordinance MEMO.doc
678
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
110 OF THE MIAMI BEACH CITY CODE, ENTITLED
"UTILITIES"; AMENDING ARTICLE lll THEREOF, ENTITLED
''STORMWATER UTILITY,'' AMENDING SECTION 1 10.109
THEREOF ENTITLED "STORMWATER UTILITY FEES," BY
AMENDING APPENDIX A THERETO ENTITLED ..FEE
SCHEDULE," TO INCREASE THE STORMWATER UTILITY
SERVICE CHARGE IMPOSED BY THE CITY AS OF OCTOBER
1,2014; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City owns and operates a Stormwater Utility System ("System"), which
is currently funded by a stormwater utility service charge; and
WHEREAS, a Capital lmprovement Program (the "Program") has been developed to
implement stormwater improvements for the System; and
WHEREAS, it is necessary to finance the Program through the issuance of
Stormwater Revenue Bonds; and
WHEREAS, the schedule of rate increases proposed her.ein will provide sufficient
revenues for the payment of principal and interest on the proposed Stormwater Revenue Bonds;
and
WHEREAS, the rate increases proposed herein include funding for additional costs for
operation and maintenance of the System.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
SECTION 1: That Appendix A to Section 1 10-109 (c) of Article lll of Chapter 1 10 of the Miami
Beach City Code is hereby amended as follows:
APPENDIX A
FEE SCHEDULE
679
Secfion
this Code
1 1 0-1 09(c)
October 1 2014
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
T:[AGENDA\201 4\July 23\RegulaAFYl 5 Stormwater Rate Ordinance'l stRdg.doc
:"u,,:,r, .
Amount
Stormwater utility service charge effective with billings on
or after the following dates shall be as follows:
October 1,2009 $ 9.06
$16.67
SECTION 2. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article" or other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 4. SEVERABILITY
lf any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity or constitutional, such
portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity or constitutionality of the remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 1't day of October,2014.
,2014
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONAJC">_ r!(,+
CiN Attonev nili lrole
680
COMMISSION ITEM SUMMARY
Condensed Title:
CommissionofTheCityofMiamiBeach,Florida,AmendingChapter2of
The City Code, Entitled'Administration," ByAmending Article Vl, Entitled "Procurement," ByAmending Dvision 3,
Entitled''Contract Procedures," By Repealing Section 2-372,Entitled'Procedure To Provide Preference To Miami
Beach-Based Vendors ln Contracts For Goods And Contractual Services"; Providing For Repealer, Severability,
Codification, And An Effective Date.
Advisory Board Recommendation: , . ,
J At its Februarv 21, 2014, the Finance and Citv-Wide Proiects Committee approved the recommendation. I
Financial lnformation :
Source of
Funds:
Amount Account
1 N/A N/A
2
OBPI Total
Financial lmpact Summary:
ns/AGE}IBA ITEIIII
Data (Surveys, EnvironmentalScan, etc: N/A
Item Summarv/Recommendation :
Section 2-372 of the eity CoOe requires a preference to be awarded in City competitive solicitations for Miami
Beach based bidders. While the local preference is well-intentioned, it also creates some challenges. First, with
the exception of a few industries (primarily tourism and entertainment related), the ability of local vendors to
suppty the goods and services required by the City is very limited; therefore, a very small percentage of the City's
coniricts for goods and services are awarded to local vendors. As a result, the local preference requirement has
very little impact on the City's industry base. Second, an unintended consequence of local preference ordinances
is that they tend to discourage non-local vendors from participating in the City's competitive solicitations. ln recent
years, the City has experienced limited competition for many of the competitive solicitations it receives despite
iignificant outreach efforts to increase competition. This reality is especially true for competitive solicitations
relating to construction projects. To address the lack of competition concerns in construction contracting, the
Administration has been working with the Associated Builders and Contractors - Florida (ABC), the local chapter
of the national trade association for the construction industry. ABC has reported to the City that many of its
member companies are averse to participating in competitive solicitations that include local preference
requirements and are issued by municipalities in which the vendor does not have an office because of the time
and effort that is required of these solicitations and the likelihood that the solicitation will be awarded to a local
vendor.
Accordingly, competition on competitive solicitations becomes limited and, overtime, may result in a very limited
pool of bidders. For these reasons, both the National lnstitute of State Procurement Officials (NASPO) and the
National lnstitute of Governmental Procurement (NIGP) have opposed local preferences laws as impediments to
the cost effective procurement of goods, services and construction.
At its February 21,2014, the Finance and City-Wide Projects Gommiftee (the'Committee') endorsed the
recommendation by the Administration to repeal Section 2-372 of lhe City Code, entitled 'Procedure to Provide
Preference to Miami Beach-Based Vendors in Contracts for Goods and Services." On April 23,2014, the City
Commission authorized the Administration to implement the procurement ordinance revisions approved by the
Committee, which included repeal of Section 2-372 of lhe City Code.
CONCLUSION
To tmprove competition on the City's competitive solicitations and allow the City to cooperate with other local
municipalities on joint procurements for like items in an effort to maximize aggregated volume discounts, the
Administration recommends eliminating local preference requirements. ln its alternative, the City Commission
may, on a case-by-case basis, consider implementing local preference when it has been determined that a
sufficient number of potential local bidders are available to compete on a given procurement solicitation.
RECOMMENDATION
Resolution.
(s MIAIIAIBEACH sffis -l_77- ly681
g MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Memb"r. {t the City y'mmission
FRoM: Jimmy L. Morales, City Manager ffiDATE: July 23,2014 \
SUBJECT: AN ORDTNANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MTAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE,
ENTITLED "ADMINISTRATION,'' BY AMENDING ARTICLE VI, ENTITLED
"PROCUREMENT," BY AMENDING DVISION 3, ENTITLED "CONTRACT
PROCEDURES," BY REPEALING SECTION 2.372, ENTITLED "PROCEDURE TO
PROVIDE PREFERENCE TO MIAMI BEACH-BASED VENDORS IN CONTRACTS
FOR GOODS AND CONTRACTUAL SERVIGES"; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
BACKGROUND
Section 2-372 of the City Code requires a preference to be awarded in City competitive
solicitations for Miami Beach based bidders. While the local preference is well-intentioned, it
also creates some challenges. First, with the exception of a few industries (primarily tourism
and entertainment related), the ability of local vendors to supply the goods and services
required by the City is very limited; therefore, a very small percentage of the City's contracts
for goods and services are awarded to local vendors. As a result, the local preference
requirement has very little impact on the City's industry base. Second, an unintended
consequence of local preference ordinances is that they tend to discourage non-local vendors
from participating in the City's competitive solicitations. ln recent years, the City has
experienced limited competition for many of the competitive solicitations it receives despite
significant outreach efforts to increase competition. This reality is especially true for
competitive solicitations relating to construction projects. To address the lack of competition
concerns in construction contracting, the Administration has been working with the Associated
Builders and Contractors - Florida (ABC), the local chapter of the national trade association
for the construction industry. ABC has reported to the City that many of its member companies
are averse to participating in competitive solicitations that include local preference
requirements and are issued by municipalities in which the vendor does not have an office
because of the time and effort that is required of these solicitations and the likelihood that the
solicitation will be awarded to a local vendor.
Accordingly, competition on competitive solicitations becomes limited and, over time, may
result in a very limited pool of bidders. For these reasons, both the National lnstitute of State
Procurement Officials (NASPO) and the National lnstitute of Governmental Procurement
(NIGP) have opposed local preferences laws as impediments to the cost effective
procurement of goods, services and construction.
682
Commission Memorandum - Repeal of Local Preference Ordinance
July 23,2014
Page2
At its February 21,2014, the Finance and City-Wide Projects Committee (the "Committee")
endorsed the recommendation by the Administration to repeal Section 2-372 of the City Code,
entitled "Procedure to Provide Preference to Miami Beach-Based Vendors in Contracts for
Goods and Services." On April 23, 2014, the City Commission authorized the Administration to
implement the procurement ordinance revisions approved by the Committee, which included
repeal of Section 2-372 of the City Code.
CONCLUSION
To improve competition on the City's competitive solicitations and allow the City to cooperate
with other local municipalities on joint procurements for like items in an effort to maximize
aggregated volume discounts, the Administration recommends eliminating local preference
requirements. ln its altemative, the City Commission may, on a case-by-case basis, consider
implementing local preference when it has been determined that a sufficient number of
potential local bidders are available to compete on a given procurement solicitation.
RECOMMENDATION
Approfihe resolution.
JLM /m^,
T:\AGENDA\201 4Uuly\Procurement\Repeal Local Preference MEMO.docx.doc
683
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MTAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CIry
CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI,
ENTITLED "PROCUREMENT," BY AMENDING DVISION 3, ENTITLED.,CONTRACT PROCEDURES,'' BY REPEAL!NG SECTION 2-372,
ENTITLED "PROCEDURE TO PROVIDE PREFERENCE TO MIAM!
BEACH.BASED VENDORS IN CONTRACTS FOR GOODS AND
CONTRACTUAL SERVICES,,; PROVIDING FOR REPEALER,
SEVERABILITY, COD!FIGATION, AND AN EFFECTIVE DATE.
WHEREAS, Section 2-372 of the City Code provides that Miami Beach-Based vendors
be provided a preference in contracts for goods and contractual services; and
WHEREAS, with the exception of a few industries (primarily tourism and entertainment
related), the ability of local vendors to supply the goods and services required by the City of
Miami Beach is very limited, and,
WHEREAS, given the reduced industry base within the City, a very small percentage of
the City's contracts for goods and services are awarded to local vendors resulting in very little
impact of the local preference ordinance on the City's local economy; and
WHEREAS, an unintended consequence of local preference ordinances is that they tend
to discourage non-local vendors from participating in the City's procurement projects as
evidenced, especially in construction procurements, by limited competition for many of the
competitive solicitations (despite significant outreach efforts to increase competition); and
WHEREAS, to address the lack of competition concerns in construction procurement
projects, the Administration has been working with the Associated Builders and Contractors -
Florida (ABC), the local chapter of the national trade association for the construction industry;
and
WHEREAS, ABC has reported to the City that many of its member companies are
averse to participating in competitive solicitations that include local preference requirements and
are issued by municipalities in which the vendor does not have a local office; and
WHEREAS, both the National lnstitute of State Procurement Officials (NASPO) and the
National lnstitute of Governmental Procurement (NIGP) have opposed local preferences laws
as impediments to the cost effective procurement of goods, services and construction in a free
enterprise system; and
WHEREAS, the Administration believes that, while well-intentioned, the City's local
preference procedure creates challenges to maximizing competition on City procurement
projects; and
684
WHEREAS, at its February 21,2014, the Finance and Citywide Projects Committee (the
"Committee") endorsed the recommendation by the Administration to implement certain
revisions to the City's Procurement Code, including a recommendation to repeal Section 2-372
of the City Code, entitled "Procedure to Provide Preference to Miami Beach-Based Vendors in
Contracts for Goods and Services"; and
WHEREAS, on April 23, 2014, the City Commission accepted the Committee's
recommendation and authorized the Administration to implement the Procurement Code
revisions, which include repeal of Section 2-372 of the City Code.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 2-372 of Division 3, Article Vl, of Chapter 2 of the Miami Beach City
Code is hereby repealed in its entirety as follows:
CHAPTER 2
ADMINISTRAT!ON
ARTICLE VI - PROCUREMENT
DIVISION 3 - CONTRACT PROCEDURES
iees"
(1) gefinifiens, Fer purpeses ef this seetien enly; the fellewing definitiens shall apply:
(a) Bid shall mean a eempetitive bid preeedure establistred threugh the issuanee
ef an invitatien te bid, request fer prepesals (RFP); request fer qualifieatiens
(RFQ),requests fer letters ef interest (RFtl); invitatiens te negetiate (lTN); er
the selieitatien ef purehase erders based en eral er written quetatiens,
(b) Mrami Eeaeh based vender means a bidder that (i) has a valid business tax
issuanee ef a bid, whieh autherizes said vender te previde the subjeet geeds
issuanee ef a bid, its headquarters in the eity; er has a plaee ef business
fin€J=
685
iee+
(al lnvitatiens te bid; eral er written requests fer quetatiens, Exer*,ptwhere federal
er state law mandates te the eentrary, in the purehase ef geeds er eentraetual
lewest bid fer a eernpetitively bid purehase; and sueh bids are respensive and
vender whe is eertified by Miami Dade Ceunty as a minerity er wemen
gusiness€nterprise'
(b) Requests fer prqesalq requests fer qualifiea$iene; reqaeets fer letters ef
i+ the reeemmendatien and seleetien ef prepesers submitting respenses
ef sueh evaluatien methedelegy; seleetien eriteria; and/er ether applieable
faeters te be set ferth and ineluded within the RFP; RFQ; er RFtl deeument)
en a peint system frem 0 100 peints)' er an additienal five pereent (where the
evaluatien methedelegy is based en a pereentage system frem 0 100
pereentl-te prepo
peints sn* ge ap
based venders fellewing the eempletien ef the alleeatien ef peints by the
(3) Cemparisen ef gsal,L'6afiens, The preferenees eetablished herein in ne way prehibit
the right ef the eity manager and/er the eity eemmissien; as applieable; te eemPare
Further, the preferenees established herein in ne way prehibit the right ef the eity
manager and/er the eity eemrnissien, as applieable; frem giving any ether preferenee
permitted by law in additien te the preferenees granted herein'
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
686
SECTION3. SEVERABILIW.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the
-
day of 2014.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions
S+ike+nreugh den otes deletio ns.
2014.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
EFORE)(ECUTION
4
M,,BS
687
THIS PAGE INTENTIONALLY LEFT BLANK
688
R7
RESOLUTIONS
689
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Amending Resolution
No. 2013-28120 Granting A Waiver Of Certain Development Regulations, Pursuant to Section 142425(d) Of
The City's Zoning Ordinance, ForThe Collins Park Place Project, Located Within The Museum Historic District
And Collins Park Nei To Allow An Additional Fourteen (14) Feet ln Buildins Heioht.
COMMISSION ITEM SUMMARY
ltem Summary/Recommendation :
On January 16,2013 the City Commission adopted the Basis of Design Report (BODR), as well as Resolution
No. 2013-28120 granting a waiver of certain development regulations regarding the maximum building height,
exceeding the maximum height permitted within a local historic district of fifty (50) feet, allowing an additional
six (6) feet in height.
On April 16,2014, the Flooding Mitigation Commiftee requested staff to evaluate the design impact of the
implementation of a freeboard elevation of two and three feet above Base Flood Elevation.
On May 15,2014, the Flooding Mitigation Committee recommended raising the proposed ground finish floor
elevation to Base Flood plus a freeboard of three (3) feet (9.45 NAVD), which represents an increased building
height of four (4) feet - ten (10) inches.
On June 11,2014, the City Commission adopted Resolution No.2014-28630 approving and accepting the
recommendation of the Flooding Mitigation Committee to; raise the proposed ground floor elevation of Collins
Park Place project to base flood plus three feet; and accept the concept of Collins Park Place presented by
Berenblum Busch Architecture Inc. to incorporate the raised floor of base flood elevation (BFE) plus three feet.
ln addition, upon further refinement of the design and careful evaluation of various drainage systems, the
Consultant has determined that the slope of the upper floor plates must be increased. This results in an
additional increase in building height of seven (7) feet, due to the large span of each floor plate. Without the
increased slope there will be additional exposed drainage pipes throughout and a higher risk of water pooling in
exposed areas, particularly on the roof slab.
And finally, with an additional two (2) feet - two (2) inches for construction tolerances, the building height must
be increased a total of fourteen (14) feet, from fifty-six (56) feet (approved under Resolution No. 2013-28120)to
approximately seventy (70) feet. The maximum height permitted within a local historic district is fifty (50) feet.
As indicated in the Historic Preservation Board (HPB) File Number 7329 Staff Report, "While the structure by
necessity must exceed the allowable height, this height is dramatically mitigated and made appropriate and
more transparent by the open nature of the structure, which has no solid exterior walls above the ground floor
level." Pursuant to Section 142-425(d)(e) of the City's Zoning Ordinance, the Mayor and City Commission may
waive development regulations following a noticed public hearing advertised in the newspaper at least fifteen
(15) days prior to the hearing, which was done on July 3,2014.
The Administration recommends of the Resolution.
Advisorv Board Recommendation:
Financial lnformation :
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmoact Summarv:
Glerk's Office
Park Place - Waiver of Park Garage - Waiver of Regulations -
Summary.doc
Build and maintain priority infrastructure with full accountability.
Supporting Data (Surveys, Environmental Scan, etc.):
The Cultural Campus is currently serviced by 55 parking spaces on two surface parking lots, these will be
David Martinez, ext.
MIAMIBEACH AGEND;E', R?A
o^rE 7-L3'ttl690
g MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33I39. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MA
MIAMI BEACH, FLORIDA, AMEN RESOLUTION NO. 2013.28120 GRANTING
A WAIVER OF CERTAIN DEVELOPMENT REGULATIONS REGARDING THE
MA)(IMUM BU|LDING HETGHT PURSUANT TO SECTTON 142-425(D) OF THE
CIryS ZONING ORDINANCE, FOR THE COLLINS PARK PLACE PROJECT,
LOCATED WITHIN THE MUSEUM HISTORIC DISTRICT AND COLLINS PARK
NETGHBORHOOD, TO ALLOW AN ADDTTTONAL FOURTEEN (141 FEET tN
BUILDING HElGHT.
ADMINISTRATION RECOMM ENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Build and maintain priority infrastructure with full accountability.
BACKGROUND
On March 21,2012, the City Commission adopted Resolution No.2012-27869, approving a
Professional Services Agreement between the City and a joint venture of Zaha Hadid Limited Ua
Zaha Hadid Architects and Berenblum Busch Architecture, lnc. (the Consultant) for the
Planning, Architectural, Engineering, Design, Bid and Award, And Construction Administration
Services for the Collins Park Place Project.
On January 16,2013 the City Commission adopted the Basis of Design Report (BODR), as well
as Resolution No. 2013-28120 granting a waiver of certain development regulations regarding
the maximum building height, exceeding the maximum height permitted within a local historic
district of fifty (50) feet, allowing an additional six (6) feet in height.
On April 16,2014, the Flooding Mitigation Committee requested staff to evaluate the design impact
of the implementation of a freeboard elevation of two and three feet above Base Flood Elevation.
On May 15, 2014, the Flooding Mitigation Committee recommended raising the proposed ground
finish floor elevation to Base Flood plus a freeboard of three (3) feet (9.45 NAVD), which represents
an increased building height of four (4) feet - ten (10) inches.
On June 11, 2014, the City Commission adopted Resolution No. 2014-28630 approving and
AND CITY COMMISSION OF THE CITY OF
691
Commission Memorandum - Collins Park Place - Waiver of Development Regulations - Building Height
July 23,2014
Page 2 of 2
accepting the recommendation of the Flooding Mitigation Committee to; raise the proposed ground
floor elevation of Collins Park Place project to base flood plus three feet; and, accept the concept of
Collins Park Place presented by Berenblum Busch Architecture lnc. to incorporate the raised floor of
base flood elevation (BFE) plus three feet.
ln addition, upon further refinement of the design and careful evaluation of various drainage
systems, the Consultant has determined that the slope of the upper floor plates must be increased.
This results in an additional increase in building height of seven (7) feet, due to the large span of
each floor plate. Without the increased slope there will be additional exposed drainage pipes
throughout and a higher risk of water pooling in exposed areas, particularly on the roof slab.
And finally, with an additional two (2) feet - two (2) inches for construction tolerances, the building
height must be increased a total of fourteen (14) feet, from fifty-six (56) feet (approved under
Resolution No. 2013-28120) to approximately seventy (70) feet. The maximum height permitted
within a local historic district is fifty (50) feet.
As indicated in the Historic Preservation Board (HPB) File Number 7329 Staff Report, "While the
structure by necessity must exceed the allowable height, this height is dramatically mitigated
and made appropriate and more transparent by the open nature of the structure, which has no
solid exterior walls above the ground floor level."
Pursuant to Section 142-425(d)(e) of the City's Zoning Ordinance, the Mayor and City
Commission may waive development regulations following a noticed public hearing advertised
in the newspaper at least fifteen (15) days prior to the hearing, which was done on July 3, 2014.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve this Resolution
amending Resolution No. 2013-28120 granting a waiver of certain Development Regulations
regarding the maximum building height, pursuant to Section 142-425(D) of the City's Zoning
Ordinance, for the Collins Park Place Project, located within the Museum Historic District and
Collins Park Neighborhood to allow an additional fourteen (14) feet in height.
JLM\MT\DM
T:\AGENDA\2014\July\ClP\Collins Park Place - Waiver of Development Regulations\Collins Park Place - Waiver of Development
Regulations - Memo.docx
692
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry GOMMISSION OF THE CITY OF
MlAM! BEACH, FLORIDA, AMEND!NG RESOLUTION NO. 2013-28120
GRANTING A WAIVER OF CERTAIN DEVELOPMENT REGULATIONS
REGARDING THE MAXIMUM BUILDING HEIGHT PURSUANT TO SEGTION
142425(D) OF THE CtTy',S ZONTNG ORDTNANCE, FOR THE COLLTNS PARK
PLACE PROJECT, LOCATED WITHIN THE MUSEUM HISTORIC DISTRICT
AND COLLINS PARK NEIGHBORHOOD, TO ALLOW AN ADDITIONAL
FOURTEEN (14) FEET tN BU|LDING HElcHT.
WHEREAS, on March 21,2012, the City Commission adopted Resolution No. 2012-
27869, approving a Professional Services Agreement between the City and a joint venture of
Zaha Hadid Limited tla Zaha Hadid Architects and Berenblum Busch Architecture, lnc. (the
Consultant), for the Planning, Architectural, Engineering, Design, Bid And Award, And
Construction Administration Services, for the Collins Park Garage Project (Collins Park Place);
and
WHEREAS, on January 16, 2013, the City Commission adopted the Basis of Design
Report (BODR), as well as Resolution No. 2013-28120 granting a waiver of certain development
regulations regarding the maximum building height, exceeding the maximum height permitted
within a local historic district of fifty (50) feet, allowing an additional six (6) feet in height; and
WHEREAS, on April 16, 2014, the Flooding Mitigation Committee requested staff to
evaluate the design impact of the implementation of a freeboard elevation of two and three feet
above Base Flood Elevation; and
WHEREAS, on May 15, 2014, the Flooding Mitigation Committee recommended raising
the proposed ground finish floor elevation to Base Flood plus a freeboard of three (3) feet (9.45
NAVD), which represents an increased building height of four (4) feet - ten (10) inches; and
WHEREAS, on June 11, 2014, the City Commission adopted Resolution No. 2014-
28630 approving and accepting the recommendation of the Flooding Mitigation Committee to;
raise the proposed ground floor elevation of Collins Park Place proJect to base flood plus three
feet; and accept the concept of Collins Park Place presented by Berenblum Busch Architecture
lnc. to incorporate the raised floor of base flood elevation (BFE) plus three feet; and
WHEREAS, upon further refinement of the design and careful evaluation of various
drainage systems, the Consultant has determined that the slope of the upper floor plates must
be increased; and
WHEREAS, this results in an increase in building height of seven (7) feet, due to the
large span of each floor plate, and without the increased slope there will be additional exposed
drainage pipes throughout and a higher risk of water pooling in exposed areas, particularly on
the roof slab; and
WHEREAS, with an additional two (2) feet - two (2) inches for construction tolerances,
the building height must be increased a total of fourteen (14) feet, from fifty-six (56) feet
(approved under Resolution No. 2013-28120) to approximately seventy (70) feet; and
693
WHEREAS, the maximum height permitted within a local historic district is fifty (50) feet;
and
WHEREAS, pursuant to Section 142-425(d)(e) of the City's Zoning Ordinance, the
Mayor and City Commission may waive development regulations following a noticed public
hearing advertised in the newspaper at least fifteen (15) days prior to the hearing, which was
done on July 3, 2014.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission of The City of Miami Beach, Florida, hereby amend Resolution no. 2013-28120
granting a waiver of certain development regulations regarding the maximum building height
pursuant to section 142-425(d) of the City's Zoning Ordinance, for the Collins Park Place
Project, located within the Museum Historic District and Collins Park neighborhood, to allow an
additionalfourteen (14) feet in building height.
PASSED AND ADOPTED this 23'd day of Juty, 2014.
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
APPROVED AS TO FORM, LANGUAGE
',1[ri,+
Date
T:\AGENDA\2014Uuly\ClP\Collins Park Place - Waiver of Development Regulations\Collins Park Garage - Waiver of Development
Regulations - Reso.doc
D FOR EXECUTION
694
Yicrltg$*9nj-Elll!=rl EIA lD'.
MIAMIBTACH JUL I2014
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE lS HEREBY given that a First Reading/Public Hearing will be held by the Mayor and City Commission of the City of
Miami Beach, Florida, in the Commission Chambers,3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, July 23, 2014, to consider the following:
10:45 a.m.
A Resolution Of the Mayor and City Commission of The City Of Miami Beach, Florida, Amending Resolution No. 2013-281 20 Granting
A Waiver Of Certain Development Regulations Regarding The Maximum Building Height Pursuant To Section 142-425(d) Of The City's
Zoning Ordinance, For The Collins Park Garage Project, Located Within The Museum Historic District And Collins Park Neighborhood,
To Allow An Additional Fourteen (14) Feet ln Height.
lnquiies may be directed to the Planning Depaftment at 305.673.7550.
lnterested parties are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to
the City Commission, c/o the City Clerk, 1 700 Convention Center Drive, 1$ Floor, City Hall, Miami Beach, Florida 33139. Copies of this
item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1" Floor,
City Hall, Miami Beach, Florida 33139. This meeting, or any item therein, may be continued, and under such circumstances, additional
legal notice need not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decislon made by the
City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, informaiion on access for persons with disabilities and/or any
accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at
305.673.7411(voice) or TTY users may also call the Florida Relay Service at 711.
Rafael E. Granado, City Clerk
City of Miami Beach
695
x
14NE I THURSDAY, JULY iO, 2014 NE
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE lS HEREBY Given that public hearings will be held by the Mayor and City Commission
of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall,
1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 23,2014, to consider
the following:
10:45 a.m.
A Resolution Amendlng Resolution No. 2013-28120 Granting A Waiver Ol Certain Development
Regulations Regarding The Maximum Building Height Pursuant To Section 142-425(d) Of The
City's Zoning Ordinance, For The Collins Park Garage Project, Located Within The Museum
Historic District And Collins Park Neighborhood, To Allow An Additional Fourteen (14) Feet ln
Height. lnquiries may be directed to the Capital lmprovement Projects Office at 305.673.7071.
10:55 a.m.
A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts May 30,2014 Meeting And Approving By 517'n Vote, Following A Duly Noticed
Public Hearing, The Renaming Of The lce Skating Rink ln The lnterior Of The Scott Rakow Youth
Center ln Memory Of Barbara Medina. lnquiies may be directed to the Parks and Recreation
Department at 30 5. 67 3.77 30.
1 1:00 a.m.
A Resolution Adopting The Fourth Amendment To The General Fund, Enterprise Fund, lnternal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2013/14. lnquiies may be
directed to the Budget Office at 305.673.7510.
1 1:05 a.m.
Euclid Right Of Way Project
A Resolution Following Second And Final Reading, And After A Duly Noticed Public Hearing,
Approving And Authorizing The Mayor And City Clerk To Execute A Development Agreement
Between The City And Jameck Development, lnc. (Jameck Or Developer) For The Design,
Development, And Construction Of Certain Streetscape lmprovement ln The City's Right Of Way,
At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (Euclid Right Of
Way Project Or The Project) lncluding, Without Limitation, Removal Of The Disconnect Vault And
Landscape, lnstallation Of New Hardscape, Landscape, Street Lighting, And Closure Of A Portion
Of Euclid Avenue To Vehicular Traffic As Part Of An Extension Of The Lincoln Road Pedestrian
Mall; Said Project Having A Total Budgeted Cost To The City, ln The Total Sum Of $485,821, With
Any Additional Funds For The Project To Be Covered By The Developer; With Such City Funds
To Be Appropriated From Miami Beach Redevelopment Agency (Historic Convention Village/City
Center RDA) Funds. /nqurnes may be directed to the depaftment of Tourism, Culture & Economic
Devel o pm ent at 305. 67 3. 7 57 7.
Dr. Stanley Sutnick Citizen's Forum - The times for the Dr. Stanley Sutnick Citizen's Forum are
8:30 a.m. and 1:00 p,m., or as soon as possible thereafter. Approximately thirty minutes will be
allocated to each session, with individuals being limited to no more than three minutes or for a
period established by the Mayor. No appointment or advance notification is needed in order to
speak to the Commission during this Forum.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
or to express their views in writing addressed to the City Commission, c/o the City Clerk,
'1700 Convention Center Drive, 1"tFloor, City Hall, Miami Beach, Florida 33139. Copies of these
items are available for public inspection during normal business hours in the City Clerk's Office,
1700 Convention Center Drive, 1"tFloor, City Hall, Miami Beach, Florida 33139. This meeting,
or any item herein, may be continued, and under such circumstances, additional legal notice need
not be provided.
Pursuant to Section 286.01 05, Fla. Stat., the City hereby advises the public that if a person decides
to appeal any decision made by the City Commission with respect to any matter considered at
its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the introduction or admission of otherwise
inadmissible or irrelevani evidence, nor does it authorize challenges or appeals not otherwise
allowed by law.
To request this material in accessible format, sign language interpreters, information on access for
persons with disabilities and/or any accommodation to review any document or participate in any
City-sponsored proceeding, please contact us five days in advance at3Q5.673.7411(voice) or TTY
users may also call the Florida Relay Service at 71 1.
Rafael E. Granado, City Clerk
City of Miami Beach902
696
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697
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And Commission Of The City Of Miami Beach, Florida Accepting The
Recommendation Of The Neighborhood/Community Affairs Committee At lts May 30, 2014 Meeting And
Approving, By 5/7th Vote, Following A Duly Noticed Public Hearing, The Renaming Ot The lce Skating Rinf tn
The lnterior Of The Scott Rakow Youth Center ln Of Barbara Medina
Data (Surveys, Environmental Scan, etc
Item Summary/Recommendation :
PUBLIC HEARING
During the April 9, 2014 City Commission meeting, a discussion item was referred to the
Neighborhood/Community Affairs Committee regarding the renaming of the lce Skating Rink in the interior of
the Scott Rakow Youth in memory of Barbara Medina.
The ScottRakow Youth Center, formerly the Miami Beach Youth Center, opened in 1976 with an interior ice
skating rink. At that time, all that was offered were ice skating classes and private lessons. Barbara Medina
was initially involved as a parent of a child that took lessons. She developed a passion for the ice skating
program, and had a vision that went beyond ice skating classes and private lessons. To help her vision come
to fruition, she applied and was hired by the City of Miami Beach as an ice skating instructor. Once hired, she
was the impetus who took the ice skating program to a higher level by adding competitions and shows to the
existing ice skating program. Barbara became the unotficial, unpaid ice rink manager. When she saw a
problem, she helped to resolve it. Around 1993, Barbara recognized the need to teach children thatcould not
afford ice skating lessons. Though she was on contract with the City, Barbara elected to work for free and not
accept any payment, so she could teach those that could not afford lessons. She even went as far as buying
children from low income families ice skates and/or skating dresses. Barbara Medina was instrumental in the
addition of the larger ice rink. She, along with a few other parents, took the time to meet with each and every
Commissioner to explain the need for a larger ice rink. She attended every town meeting and every
Commissioner meeting. Barbara's determination encouraged other parents to get involved. Those that ice
skated in the ice rink from 1976 to the early 2000's, hold Barbara Medina fondly in their hearts. She helped
make the ice skating program the incredible program that it is today.
On May 30, 2014 the Neighborhoods/Community Affairs Committee passed a motion to rename the lce
Skating Rink in the interior of the Scott Rakow Youth Center in memory of Barbara Medina. Only June 11,
2014 the City Commission adopted a resolution accepting the Neighborhood/Community Affairs Committee's
recommendation and also set a publlc hearing for July 23,2014. Pursuant to the City's naming ordinance, the
Ad ministration recommends the resolution.
ighborhood/Community Affairs Committee moved to present the proposed resolution at their meeting of
30,2014.
Financial lnformation:
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial !mpact Summary:
John RebarXT.6644
DAITEM ' " <& MIAMIBEACH D^rE 7-13-lv698
g MIAMI BEACH
City of Miomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MA
TO:
FROM
PUBLIC HEARING
AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNIW AFFAIRS COMMITTEE AT ITS
, MAY 30,2014 MEETING AND APPROVING BY 5I7Th VOTE, FOLLOWING
A DULY NOTICED PUBLIC HEARING, THE RENAMING OF THE ICE
SKATING RINK IN THE INTERIOR OF THE SCOTT RAKOW YOUTH
CENTER IN MEMORY OF BARBARA MEDINA.
BACKGROUND
During the April 9, 2014 City Commission meeting, a discussion item was referred to the
Neighborhood/Community Affairs Committee regarding the renaming of the lce Skating Rink in the
interior of the Scott Rakow Youth Center in memory of Barbara Medina.
The Scott Rakow Youth Center, formerly the Miami Beach Youth Center, opened in 1976 with an
interior ice skating rink. At that time, all that was offered were ice skating classes and private
lessons. Barbara Medina was initially involved as a parent of a child that took lessons. She
developed a passion for the ice skating program, and had a vision that went beyond ice skating
classes and private lessons.
To help her vision come to fruition, she applied and was hired by the City of Miami Beach as an ice
skating instructor. Once hired, she was the impetus who took the ice skating program to a higher
level by adding competitions and shows to the existing ice skating program. Barbara became the
unofficial, unpaid ice rink manager. When she saw a problem, she helped to resolve it.
Barbara's shows went from exhibitions to extravaganzas that included elaborate music, professional
sets, enhanced lighting and costumes that involved all children in the ice program, regardless of
whether they were beginners or advanced skaters. Barbara arranged for competitions outside of
Florida to places such as Sun Valley, ldaho, Colorado, New York, and as far as Japan. When
traveling to competitions, it was important to Barbara that the children traveling focused on more
than just competing. Barbara arranged for tours of local attractions, special dinners and fun
gatherings. She wanted the ice skaters to see each other as friends and family instead of
competitors. She instilled teamwork, kindness and compassion among allthe skaters.
During 1993, Barbara Medina recognized the need to teach children that could not afford ice skating
lessons. Although she was under contract with the City, Barbara elected to work for free and not
accept any payment, so she could teach those that could not afford lessons. She even went as far
as buying children from low income families ice skates and/or skating dresses.
699
City Commission Memorandum -Public Hearing Barbara Medina lce Rink Naming
July 23,20'14
Page 2 ol 2
Barbara Medina was instrumental in the addition of the larger ice rink. She, along with a few other
parents, took the time to meet with each and every Commissioner to explain the need for a larger
ice rink. She attended every town meeting and every Commissioner meeting. Barbara's
determination encouraged other parents to get involved. Those that ice skated in the ice rink from
1976 to the early 2000's, hold Barbara Medina fondly in their hearts. She helped make the ice
skatipg program the incredible program that it is today.
GONCLUSION
By majority vote at its May 30, 2014 meeting, the Neighborhood/Community Affairs Committee
passed a motion to rename the lce Skating Rink in the interior of the Scott Rakow Youth Center in
memory of Barbara Medina. On June 11, 2014, the City Commission adopted a resolution to set a
duly noticed public hearing for July 23, 2014. Pursuant to the City's naming ordinance, upon
approva.l and recommendation by the Neighborhood/Community Affairs Committee, a public hearing
and 5/7th vote, the City Commission may approve the renaming of the lce Skating Rink in the interior
of the Scott Rakow Youth Center in memory of Barbara Medina. The Administration recommends
that the City Commission adopt the resolution.
,rrrra,\-d5
T:\AGENDAt2014Uuly\Parks and Rec\Medina Public Hearing\Medina lce Rink Public Hearing MEMO.docx
700
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA APPROVING BY 5/7th VOTE, FOLLOWING
A DULY NOTICED PUBLIC HEARING, THE RENAMING OF THE ICE
SKATING RINK !N THE INTERIOR OF THE SCOTT RAKOW YOUTH
CENTER !N MEMORY OF BARBARA MEDINA.
WHEREAS, during the April 9,2014 City Commission meeting, a discussion item was
referred to the Neighborhood/Community Affairs Committee regarding the renaming of the lce
Skating Rink in the interior of the Scott Rakow Youth Center in memory of Barbara Medina; and
WHEREAS, on May 30, 2014, the Neighborhood/Community Affairs Committee (NCAC)
approved a motion recommending that the lce Skating Rink in the interior of the Scott Rakow
Youth Center be renamed in memory of Barbara Medina; and
WHEREAS, the City Commission adopted Resolution No.2014-28621 at its June 11,
2014 meeting that accepted the NCAC recommendation to rename the Scott Rakow Youth
Center lce Skating Rink in memory of Barbara Medina and set a public hearing for July 23,2014
for the City Commission to consider the renaming; and
WHEREAS, the Scott Rakow Youth Center, formerly the Miami Beach Youth Center,
opened in 1976 with an interior ice skating rink and, at that time, only offered ice skating classes
and private lessons; and
WHEREAS, Barbara Medina developed a passion for the ice skating program, and had
a vision that went beyond ice skating classes and private lessons; and
WHEREAS, to help her vision come to fruition, she applied and was hired by the City of
Miami Beach as an ice skating instructor and was successful in raising the ice skating program
to a higher level by adding competitions and shows to the existing ice skating program; and
WHEREAS, beginning in 1993, Barbara Medina recognized the need to teach children
that could not afford ice skating lessons and, for many years, she volunteered countless hours
to teach those that could not afford lessons; and
WHEREAS, many of those that ice skated in the ice rink from 1976 to the early 2000's
hold Barbara Medina fondly in their hearts because she helped make the ice skating program
the incredible program that it is today.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby approve by 5l7th vote, following a duly noticed public hearing, the renaming
of the lce Skating Rink in the interior of the Scott Rakow Youth Center in memory of Barbara
Medina.
PASSED and ADOPTED this .- day of
ATTEST:
2014.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUIION
Rafael E. Granado, City Clerk
Philip Levine, Mayor
& t(i'(te
@TG-701
x
14NE I THURSDAY, JULY 10, 2014 NE
AAIA&AIffiffi&CH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE lS HEREBY Given that public hearings will be held by the Mayor and City Commission
of the City of Mlami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall,
1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 23, 2014, to consider
the following:
10:45 a.m.
A Resolution Amending Resolution No. 2013-28120 Granting A Waiver Of Cedain Development
Regulations Regarding The Maximum Building Height Pursuant To Section 142-425(d) OJ The
City's Zoning Ordinance, For The Collins Park Garage Project, Located Within The Museum
Historic District And Collins Park Neighborhood, To Allow An Additional Fourteen (14) Feet ln
Height. /nqurTles may be directed to the Capital lmprovement Projects Office at 305.673.7071 .
10:55 a.m.
A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts May 30,2O14 Meeting And Approving By 5/7th Vote, Following A Duly Noticed
Public Hearing, The Renaming Of The lce Skating Rink ln The lnterior Oi The Scott Rakow Youth
Center ln Memory Of Barbara Medina. lnquiries may be directed to the Parks and Recreation
Dep artm e nt at 30 5. 67 3.77 30.
11:00 a.m.
A Resolution Adopting The Fourlh Amendment To The General Fund, Enterprise Fund, lnternal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2013/14.lnquiries may be
directed to the Budget Office at 305.673.7510.
11:05 a.m.
Euclid Right Of Way Project
A Resolution Following Second And Final Reading, And After A Duly Noticed Public Hearing,
Approving And Authorizing The Mayor And City Clerk To Execute A Development Agreement
Between The City And Jameck Development, lnc. (Jameck Or Developer) For The Design,
Development, And Construction Of Certain Streetscape lmprovement ln The City's Right Of Way,
At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (Euclid Right Of
Way Project Or The Project) lncluding, Without Limitation, Removal Of The Disconnect Vault And
Landscape, lnstallation Of New Hardscape, Landscape, Street Lighting, And Closure Of A Portion
Of Euclid Avenue To Vehicular Traffic As Parl Of An Extension Of The Lincoln Road Pedesirian
Mall; Said Project Having A Total Budgeted Cost To The City, ln The Total Sum Oi $485,821 , Wlth
Any Additional Funds For The Project To Be Covered By The Developer; With Such City Funds
To Be Appropriated From Miami Beach Redevelopment Agency (Historic Convention Village/City
Center RDA) Funds. inqurnes may be directed to the depaftment of Tourism, Culture & Economic
Develop m ent at 305. 67 3. 7 57 7.
Dr. Stanley Sutnick Citizen's Forum - The times for the Dr. Stanley Sutnick Citizen's Forum are
8:30 a.m. and 1:00 p.m., or as soon as possible thereafter. Approximately thidy minutes will be
allocated to each session, with individuals being limited to no more than three minutes or for a
period established by the Mayor. No appointment or advance notificatlon is needed in order to
speak to the Commission during this Forum.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
or to express their views in writing addressed to the City Commission, c/o the City Clerk,
'1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these
items are available for public inspection during normal business hours in the City Clerk's Office,
1700 Convention Center Drive, l"tFloor, City Hall, Miami Beach, Florida 33139, This meeting,
or any item herein, may be continued, and under such circumstances, additional legal notice need
not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides
to appeal any decision made by the City Commission with respect to any matter considered at
its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law
To request this material in accessible format, sign language interpreters, information on access for
persons with dlsabilities and/or any accommodaiion to review any document or participate in any
City-sponsored proceeding, please contact us five days in advance at 305.673.741 .1(voice) or TTY
users may also call ihe Florida Relay Service at 711.
902
Rafael E. Granado, City Clerk
City of Miami Beach
702
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703
R7 - Resolutions
R7C A Resolution Adopting The Fourth Amendment To The General Fund, Enterprise Fund,
lnternal Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY)
2013114.11:00 a.m. Public Hearinq
(Budget & Performance lmprovement)
(Memorandum & Resolution to be Submitted in Supplemental)
Agenda ttem R7C
oate 7-Z7lV704
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705
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution To Consider Approval, Following Second Reading and Final Hearing, and After a Duly Noticed Public Hearing, Of A
Development Agreement Between The City Of Miami Beach (City) And Jameck Development, lnc. (Jameck, Developer) For The Design,
Development, And Construction Of Certain Streetscape lmprovement ln The City's Right Of Way, At The Portion Of Euclid Avenue
Between Lincoln Road And Lincoln Lane South (Euclid Right Of Way Project), lncluding, Without Limitation, Removal Of The Disconnect
Vault And Landscape, lnstallation Of New Hardscape, Landscape, Street Lighting, And Closure Of A Portion Of Euclid Avenue To
Vehicular Traffic As Part Of An Extension Of Lincoln Road Pedestrian Mall; Said Project Having A Total Budget Cost To The City, ln The
TotalSum Of $485.821
Ensure well - lncrease Communitv Satisfaction with Citv Services
Supporting Data (Surveys, Environmenta! Scan, etc.): Based on the 2012 community survey, recently completed capital projects were
rated bv both residents and businesses.
Item Summary/Recommendation :
The owner of Lincoln Center Associates, LLC, approached the City to enter into a development agreement for the closure of a portion
Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road pedestrian
mall, and the construction of Streetscape lmprovements in the City's right-of-way. This item was discussed at the July 10, 2012 Financc
and Citlnride Projects Commission Committee and subsequently referred to the September 19, 2012 Land Use and Development
meeting for further discussion.
The FY 2012fl3 Capital lmprovement Plan for 2012113 through 2016117 was approved at the September 27, 2012 RDA meeting
however the Euclid Avenue Street End Project was requested to return to commission for additional discussion. At the October 24"'2012
Commission meeting, referring to the results of the September 19, 2012 Land Use and Development meeting, the Commission voted to
move the discussion of the Euclid Street End project to the full Commission with no recommendation, with a request for the information
on all the projects on the capital projects list.
At the May 8, 2013 Commission meeting the Commission voted to refer the projeci to the May 13, 2013 Finance and Citywide Projects
Commission meeting for further discussion. At the May 13, 20'13 Finance and Citywide Projects Commission Meeting the Commiftee
requested a Letter to Commission on the item and a Resolution for the June 5, 2013 Commission meeting.
On June 5, 2013 the City Commission adopted Resolution No. 2013-28236 approving the conc€ptual plan developed for the Euclid
Avenue Street End Project on Lincoln Road. Since the June 2013 Commission meeting, the City staff has been negotiating with Jameck
Development, lnc., Developer, to further develop design concepts, construction schedules, and cost estimates, plus terms and conditions
for a negotiated development agreement.
On October 8, 2O'13, the Historic Preservation Board (HPB) of the City, pursuant to an order under HPB File No. 7385, issued a certificate
of appropriateness granting approval of streetscape improvements in the City's right of way, including, but not limited to, the removal of
the disconnect vault and landscape, installation of new hardscape, landscape and street lighting (collectively 'Streetscape
lmprovements"), and the closure of a portion of Euclid Avenue to vehicular traffic, as part of an extension of the pedestrian mall.
First Reading and Public Hearing was held on June 11,2014 and approved by the City Commission with the following amendments:
1. The existing commercial loading zone to be moved off-street and to Lincoln Lane South;
2. Prohibition of sidewalk caf6 tables and chairs, as well as other sidewalk caf6 equipment or furnishings, in the new project area;
3. lnclude in the Development Agreement that the project site will be a "no table zone," as well as no sidewalk caf6 equipment or
furnishings;and4. This will require an amendment to the Side-Walk Caf6 Ordinance, which will be brought back to Commission at a later time.
These changes have been made to the Development Agreement and are presented to the City Commission for Second/Final Reading
and Public Hearing.
A summary of the proposed development agreement can be found in the aftached memorandum and a full copy of the agreement is also
attached.
See above
Financial lmpact Summary: Funds for this project were approved by the City Commission as part
District Funds (Citv Center RDA) in the FY 2012113 and FY 2013114
FY 2012113: - 365 City Center RDA Capital Fund.
FY 2013114:- 365 Citv Center RDA
Max Sklar, Ext. 6116
AGENDA ITEill
DATE
R?D@E MIAMIBEACH 706
(9 MIAMIBEACH
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION FOLLOWING SEQOND AND FINAL READING, AND AFTER A DULY
NOTICED PUBLIC HEARING, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXEGUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY
AND JAMECK DEVELOPMENT, tNC. (JAMECK OR DEVELOPER) FOR THE
DESIGN, DEVELOPMENT, AND CONSTRUCTION OF CERTAIN STREETSGAPE
IMPROVEMENT IN THE CITY'S RIGHT OF WAY, AT THE PORTION OF EUCLID
AVENUE BETWEEN LTNCOLN ROAD AND LTNCOLN LANE SOUTH (EUCLTD RIGHT
oF wAY PROJECT OR THE PROJECT) INCLUD|NG, WTTHOUT L!M!TAT!ON,
REMOVAL OF THE DISCONNECT VAULT AND LANDSCAPE, INSTALLATION OF
NEW HARDSCAPE, LANDSCAPE, STREET LIGHTING, AND CLOSURE OF A
PORTION OF EUCLID AVENUE TO VEHICULAR TRAFFIC AS PART OF AN
EXTENSION OF THE LINCOLN ROAD PEDESTRIAN MALL; SAID PROJECT
HAVING A TOTAL BUDGETED COST TO THE CITY, IN THE TOTAL SUM OF
$485,821, WITH ANY ADDITIONAL FUNDS FOR THE PROJECT TO BE COVERED
BY THE DEVELOPER; WITH SUCH CITY FUNDS TO BE APPROPRIATED FROM
M|AMr BEACH REDEVELOPMENT AGENCY (HISTORTC CONVENTTON
VILLAGE/GITY GENTER RDA) FUNDS.
ADMINISTRATION REGOMMENDATION
Adopt the Resolution on Second Reading and Public Hearing.
KEY INTENDED OUTCOME SUPPORTED
Ensure well designed quality capital projects
lncrease Community Satisfaction with City Services
FUNDING
FY 2012113: $416,820 - 365 City Center RDA Capital Fund.
FY 2013/14: $69,000 - 365 City Center RDA Capital Fund.
BACKGROUND
Lincoln Road has been Miami Beach's best known commercial corridor since the City was first
developed. lt was primarily the product of Carl Fisher, who named the street after Abraham
Lincoln. Early developments on Lincoln Road included Carl Fisher's residence, the Lincoln Hotel
(Fisher's first hotel) located at Lincoln Road and Washington Avenue, the Community Church
located on land donated by Carl Fisher at Lincoln Road and Drexel Avenue, and the Carl Fisher
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Jameck Development, lnc. - Development Agreement
July 23, 2014
Page 2 of 8
office building (formerly Van Dyke's) at Lincoln Road and Jefferson Avenue. Frequently referred to
as Miami Beach's Fifth Avenue, Lincoln Road contained many of South Florida's and America's
most prominent retailers, including Bonwit Teller, Saks Fifth Avenue, Elizabeth Arden, Doubleday,
and others. The quality and variety of merchandise available on Lincoln Road figured prominently
in Miami Beach promotional literature and was a significant factor in the development of Miami
Beach as a visitor and residential destination.
ln an effort to compete with the development of suburban shopping centers, eight blocks of Lincoln
Road were closed to vehiculartraffic in 1959. A pedestrian mall with fountains, flower beds, and
shade/display structures was designed by architect Morris Lapidus, one of the most famous of the
local architects of the time. The design of the mall and the motorized tram system were
considered very progressive and were expected to re-establish Lincoln Road's primacy among
local commercial districts. lt was during this time that many historic buildings and storefronts were
"updated" with the addition of false facades and modern surfaces.
During the 1960's and 1970's, Lincoln Road experienced a decline due to a variety of reasons,
including reduced tourism, increased competition from Bal Harbour and other suburban shopping
centers, as well as the lessening income of surrounding residents. ln 1994 a substantial renovation
and rehabilitation of the original Lapidus design of Lincoln Road was completed. As part of this
renovation, the vehicular access from Alton Road to Lenox Avenue was redesigned, incorporated
a large landscaped median.
ln 1997, the City Commission entered in to a development agreement with UIA Management,
developer of 1111 Lincoln Road, to close the 1100 block of Lincoln Road from Lenox Avenue to
Alton Road, which provided a new pedestrian plaza, e(ending the pedestrian portion of Lincoln
Road west to Alton Road.
ANALYSIS
The principal of Lincoln Center Associates, LLC, Melvyn Schlesser, which also owns a parking lot
adjacent to Euclid Avenue, between Lincoln Road and Lincoln Lane South, approached the City to
enter into a development agreement for the closure of a portion of Euclid Avenue, between Lincoln
Road and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road
pedestrian mall, and the construction of Streetscape lmprovements in the City's right-of-way (the
Project).
This item was discussed at the July 10, 2012 Finance and Citywide Projects Commission
Committee, and subsequently referred to the September 19, 2012 Land Use and Development
meeting for further discussion. At the Land Use and Development meeting, community members
spoke in support of the Project and the Committee requested that the Administration provide an
analysis of how other projects that are currently scheduled for future funding might be affected if
the proposed Project was not funded for FY 2012113. This analysis was provided in the September
26,2012 Project Update Letter to Commission (LTC).
The FY 2012113 Capital lmprovement Plan for 2012113 through 2016117 was approved at the
September 27, 2012 RDA meeting; however, the Project was requested to return to the City
Commission for additional discussion. The City Commission subsequently requested a re-
evaluation of the priority of spending $4'16,820 on this Project against other needs (additional
police, shade structures, pavers on Lincoln Lane, ongoing maintenance etc).
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July 23, 2014
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At the October 24th 2012 City Commission meeting, based on the review from the September 19,
2012 Land Use and Development meeting, the City Commission requested information on all the
Projects on the City Capital Projects list.
At the May 8, 2013 Commission meeting, the Commission voted to refer the Project to the May 13,
2013 Finance and Citywide Projects Commission meeting for further discussion.
At the May 13, 20'13 Finance and Citywide Projects Commission Meeting, the Committee
requested a Letterto Commission on the item and a Resolution forthe June 5,2013 Commission
meeting.
On June 5, 2013 the City Commission adopted Resolution No. 2013-28236, approving the
conceptual plan developed for the Project, with funding to come from City Center Redevelopment
District Funds, and further authorized the City Manager to enter into negotlations with the
developer, to design and build the project.
Please note that funds for this Project were approved by the City Commission as part of the City
Center Redevelopment District Funds (City Center RDA) in the FY 2012113 and FY 2013114
Capital Budget.
On October 8,2013, the City's Historic Preservation Board (HPB), pursuant to an order under HPB
File No. 7385, issued a Certificate of Appropriateness granting approval of streetscape
improvements in the City's right of way, including, but not limited to, the removal of the disconnect
vault and landscape, installation of new hardscape, landscape and street lighting (collectively
"Streetscape lmprovements"), and the closure of a portion of Euclid Avenue to vehicular traffic, as
part of an extension of the pedestrian mall. A copy of the signed HPB Order is attached hereto as
Exhibit "1".
Since the June 2013 Commission meeting, the City staff has been negotiating with Jameck
Development, lnc. (the Developer) to further develop design concepts, construction schedules, and
cost estimates, plus terms and conditions, all of which have been incorporated in the negotiated
development agreement (Development Agreement), a copy of which is attached hereto as part of
composite Exhibit "2".
ln accordance with the requirements of the Florida Local Government Development Act, Section
163.3220, et. seq., Florida Statutes, the Notice of lntent to Consider the Development Agreement
was advertised and noticed for the next two ensuing City Commission Meetings, with the first
reading scheduled for June 11,2014 and the second reading scheduled for July 23, 2014.
At the June 11,2014 City Commission Meeting, the Mayor and City Commission approved the
Development Agreement with the following conditions:
1. The existing commercial loading zone to be moved off-street and to Lincoln Lane South'
and
2. Prohibition of sidewalk caf6 tables and chairs "no table zone", as well as other sidewalk
caf6 equipment or furnishings at the Project Site;
The Administration is in the process of amending the City Ordinances to include this Project Site as
a "No Table" zone. The highlights of the proposed development agreement, including the above
referenced conditions, are as follows:
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July 23, 2014
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Parties and Proiect
Owner or City:
Developer:
Architect:
General Contractor:
Construction Manager:
Project Description:
Project Site:
lmprovements:
City of Miami Beach
Jameck Development, lnc., a Florida corporation, is the
Developer selected by the City to design, develop and
construct the lmprovements pursuant to a Development
Agreement to be entered into between City and
Developer, in accordance with the Florida Local
Government Development Agreement Act (F.S. 163.3220
- 163.3243).
R+O Studio, LLC. The Architect shall contract with
Developer to provide professional services for the design
and construction of the lmprovements. Developer's
agreement with Architect shall be subject to City's review
and approval prior to such agreement being executed
between Developer and Architect.
Developer shall enter into a cost plus with a Guaranteed
Maximum Price contract (GMP Contract) with a contractor
(General Contractor) to construct the lmprovements.
Developer shall select the General Contractor pursuant to
a competitive bidding process which will be developed,
initiated, and overseen by Developer; provided, however,
that the City shall have the right to approve the
recommended General Contractor, which approval shall
not be unreasonably withheld, conditioned, or delayed.
The City shall also have the right to review and approve
the GMP Contract with the selected General Contractor
prior to such Contract being executed between Developer
and General Contractor.
Developer has selected Arlen Construction Group, lnc.
(Arlen) to act on behalf of Developer as the Project
construction manager. The construction manager fees
shall be paid by Developer.
The closure of a portion of Euclid Avenue, between
Lincoln Road and Lincoln Lane South, to vehicular traffic,
as part of an extension of the Lincoln Road pedestrian
mall, and the construction of streetscape improvements in
the City's right-of-way (hereinafter defined as the
lmprovements).
Euclid Avenue, between Lincoln Road and Lincoln Lane
South, Miami Beach, Florida.
The lmprovements shall consist of the removal. of the
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July 23, 2014
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Proiect CosURes ponsibi lities :
Project Cost:
Cost to City:
Cost to Developer:
Developer Liability:
Proiect Desiq n/Gonstruction :
City Design Approvals:
planted area where Euclid Avenue intersects with Lincoln
Road, including the electrical disconnect vault, and
relocating the disconnects to the electrical vault in the
Lincoln Center parking lot. The curb, sidewalk and
roadway of Euclid Avenue, from Lincoln Road to the north
side of Lincoln Lane South, will be replaced with a new
designed black and white concrete pattern and new
planting areas will be added. That part of Euclid Avenue
will become a pedestrian mall. A pedestrian drop-off area
shall also be designed for the Project, in a manner to be
reviewed and approved by the City's Public Works
Department.
The lmprovements shall be designed, developed, and
constructed substantlally in accordance with a Concept
Plan, which has been approved by the City Commission
and the Historic Preservation Board and which shall be
attached and incorporated as an exhibit to the
Development Agreement.
An initial budget for the lmprovements is attached as
Exhibit "F" to the Development Agreement.
City shall fund the hard costs of the lmprovements, in an
amount not to exceed $485,821 (City Costs), subject to
approval of the City Commission. City shall not be
responsible for the disbursement of any sums in excess of
the City Costs, except for approved change orders, which
shall be limited to City requested change orders, force
majeure events, and/or unknown site conditions.
Developer shall fund the soft costs of the lmprovements,
which are estimated to be approximately $116,000
(Developer Costs).
Developer shall not be liable for design or construction
defects except in the event caused by Developer's gross
negligence.
Following execution of the Development Agreement and
City Commission approval of the Project Concept Plan,
City (in its proprietary capacity as Owner) shall have prior
review and approval rights of the plans and specifications
for the lmprovements, during the following stages of the
design phase: (a) schematics; (b) design development
drawings; (c) 60% construction drawings; and (d) 100o/o
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GMP Contract:
Contract Time:
Warranties, Bonds, lndemnities and
lnsurance:
construction drawings. ln addition to the aforestated
proprietary review and approvals, Developer shall be
solely responsible for securing any and all final non-
appealable approvals for the lmprovements, as may be
required by the City, in its regulatory capacity.
Upon obtaining the City's approval of the 600/o
construction drawings, Developer shall submit the
construction of the lmprovements for bids. lf the bids
exceed the City Costs (i.e. $485,821), then the City
Commission, at its sole discretion, may elect to: (1) have
the Developer (and its Architect and Contractor) value
engineer the Project (at Developer's sole cost and at no
cost to the City) to get it back within the estimated cost to
the City; (2) add more money to the Project construction
budget (i.e. increase the City Costs); or (3) terminate the
Development Agreement, without further liability to the
City. Alternatively, Developer shall have the right, but not
the obligation to pay for the costs in excess of the City
Costs, so long as the increased cost of the lmprovements
is not likely to materially increase the future maintenance
costs to be incurred by the City after completion of the
lmprovements, as reasonably determined by the City.
Notwithstanding the preceding, if the City Commission
elects to value engineer the Project, and the resulting
value-engineered Project reflects material changes to the
lmprovements from those described in the approved
Concept Plan ("Material changes" shall be determined by
the City Commission, in its sole and absolute discretion),
and the City and Developer are unable to agree on a
modified Project design, then either City or Developer
shall have the right to terminate the Development
Agreement, without further liability.
The lmprovements shall be substantially completed within
six (6) months after the issuance of permit(s) to
commence construction and the Notice to Proceed
(unless extended as a result of force majeure events, or
by mutual agreement of the parties). Final completion of
the lmprovements shall be achieved within thirty (30) days
from the date certified by the Architect as the date of
Substantial Completion.
Developer shall cause the Architect and General
Contractor to provide warranties, indemnities and
insurance in favor of City. Prior to commencement of
construction, Developer shall cause the General
Contractor to furnish City with payment and performance
bonds that identify City and Developer as co-obligees.
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July 23, 2014
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Construction Staging:
Underground Utilities:
Construction Schedule:
Environmental Matters:
Art in Public Places ("AlPP"):
Public Benefits:
Public Benefits:
City shall be a third party beneficiary to the Developer's
agreement with the Architect and the GMP Contract.
Construction staging for the Project will be confined to the
Project Site, thereby not impacting adjacent commercial
areas. Developer shall develop a plan for construction
staging in order for access to the adjacent commercial
areas to be continually maintained with only minimal
disruptions. Such plan shall be subject to City's prior
approval, which shall not be unreasonably withheld,
conditioned or delayed.
City, as part of the City Costs, will be solely responsible
for relocating any underground utilities now existing on
the Project Site.
The Project construction schedule shall be provided by
the Developer to the City for the City's approval, which
shall not be unreasonably withheld. Such schedule may
be modified from time to time as a result of an approved
change order.
Developer shall be responsible for conducting
environmental due diligence prior to construction to
assess the environmental site conditions and subsequent
remediation needs, if applicable. City is responsible (at its
cost) for any required environmental remediation within
the Project Site; provided, however that if the cost of such
remediation is, in the sole and reasonable business
judgment of City, economically unfeasible, then City shall
have the right to terminate the Development Agreement,
without any further liability.
As per Chapter 82 of the Miami Beach City Code, an Art
ln Public Places (AIPP) contribution does not apply to the
proposed Project because the lmprovements are defined
as streetscape beautification projects, which include but
are not limited to, one or all of the following elements:
resurfacing, new curbs, gutters, pavers, sidewalks,
landscaping, lighting, bus shelters, bus benches, street
furniture and signage.
The Project will benefit the public in the following ways:
(a) by removing delivery vehicles at the end of Euclid
Avenue just south of Lincoln Road and establishing a
delivery vehicle loading zone at Lincoln Lane South that
will permit such vehicles to travel east or west through
Lincoln Lane South instead of having to back up and turn
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Sg:
Easements:
Maintenance:
"Sidewalk Cafes":
around to exit on Euclid Avenue; (b) by providing the
Flamingo Park residents with an entrance to Lincoln Road
off Euclid Avenue; and (c) by creating more space for
performances at the Euclid Oval.
Developer shall grant to the City, upon completion of the
Project, a permanent easement for the new electrical
vault that is being moved onto Developer's property as
part of the lmprovements.
Developer shall perform the following maintenance of the
lmprovements: sweeping of the street that is part of the
Project Site, trash removal within the Project Site, and
maintenance of the landscaping in the Project Site (but
not replacement of the landscaping). The balance of the
maintenance shall be performed by the City.
There shall be a prohibition of sidewalk caf6 tables and
chairs, as well as all other sidewalk caf6 equipment or
furnishings, in the Project Site.
The existing commercial loading zone to be moved off-
street and to Lincoln Lane South.
Commercial Loading Zone:
The total cost of the Project is estimated to be $618,000, of which the City will fund the hard costs,
not to exceed $485,821, with the additional costs to be covered by the developer.
CONCLUSION
The Administration recommends adopting the attached Resolution and Development Agreement, a
copy of which is attached hereto as composite Exhibit "2", on Second/Final Reading and Public
\Euclid Street End DA Second Reading Memo.docx
714
RESOLUTION NO.
A RESOLUTION FOLLOWING SECOND AND FINAL READING,
AND AFTER A DULY NOTICED PUBLIC HEARING, APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTEA DEVELOPMENT AGREEMENT BETWEEN THE CITY AND
JAMECK DEVELOPMENT, rNC. (JAMECK OR DEVELOPER) FOR
THE DESIGN, DEVELOPMENT, AND CONSTRUCTION OF
CERTAIN STREETSCAPE IMPROVEMENT IN THE CITY'S RIGHT
OF WAY, AT THE PORTION OF EUCLID AVENUE BETWEEN
LINCOLN ROAD AND LTNCOLN LANE SOUTH (EUCLID RIGHT OF
wAY PROJECT OR THE PROJECT) INCLUDING, WITHOUT
LIMITATION, REMOVAL OF THE DISCONNECT VAULT AND
LANDSCAPE, INSTALLATION OF NEW HARDSCAPE,
LANDSCAPE, STREET LIGHTING, AND CLOSURE OF A PORTION
OF EUCLID AVENUE TO VEHICULAR TRAFFIC AS PART OF AN
EXTENSION OF THE LINCOLN ROAD PEDESTRIAN MALL; SAID
PROJECT HAVING A TOTAL BUDGETED COST TO THE CITY, IN
THE TOTAL SUM OF $485,821, WITH ANY ADDITIONAL FUNDS
FOR THE PROJECT TO BE COVERED BY THE DEVELOPER;
WITH SUCH CITY FUNDS TO BE APPROPRIATED FROM MIAMI
BEACH REDEVELOPMENT AGENCY (HTSTORTC CONVENTION
VTLLAGE/CIrY CENTER RDA) FUNDS.
WHEREAS, the City is the owner of land located on Euclid Avenue, between
Lincoln Road and Lincoln Lane South, in Miami Beach, Florida (the Project Site); and
WHEREAS, Lincoln Center Associates, LLC, a Florida limited liability company
(Lincoln Center) is an affiliate of Developer and is the owner of certain land adjacent to
the Project Site, on which a parking lot is located (the Lincoln Center Parking Lot); and
WHEREAS, on May 13,2013, the Finance and Citywide Projects Committee of
the City recommended the approval of the Developer's conceptual plan for the closure of
a portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular
traffic, as part of the extension of the Lincoln Road pedestrian mall; the removal of the
disconnect vault and its relocation to Lincoln Center Parking Lot; and the construction of
streetscape improvements in the City's right-of-way located in the Project Site (the
Conceptual Plan); and further requested a Letter to Commission, in connection with the
item's consideration at the June 5, 2013 City Commission meeting; and
WHEREAS, on June 5, 2013, the Mayor and City Commission adopted
Resolution No. 2013-28236, approving the Conceptual Plan and authorized the City
Manager to enter into negotiations with Developer to design and build the Project; and
WHEREAS, on October 8,2013, the City's Historic Preservation Board (HPB),
pursuant to an order under HPB File No. 7385, issued a Certificate of Appropriateness
granting approval of streetscape improvements in the City's right of way including, but
not limited to, the removal of the disconnect vault and landscape; the installation of new
hardscape, landscape and street lighting; and the closure of a portion of Euclid Avenue
to vehicular traffic, as part of an extension of the pedestrian mall; and
715
WHEREAS, the City and Developer negotiated a Development Agreement for
the proposed Project, having an estimated costof $618,000, of which $485,821 shall be
funded by the City, from available City Center Redevelopment Area funds, with the
balance of the Project costs to be funded by Developer; and
WHEREAS, in accordance with the requirements of the Florida Local
Government Development Act, Section 163.3220, et. seq., Florida Statutes, the Notice
of lntent to Consider the Development Agreement was advertised and noticed to be
considered at the next two ensuing City Commission meetings, with the First Reading
scheduled for June 11,2014 and the Second Reading scheduled for July 23,2014; and
WHEREAS, on June 11, 2014, the Mayor and City Commission approved the
Development Agreement, subject to the following conditions:
1. The requirement that the existing commercial loading zone be moved off-street
and to Lincoln Lane South; and
2. The prohibition of sidewalk caf6 tables and chairs ("No Table Zone"), as well as
other sidewalk caf6 equipment or furnishings, at the Project Site; and
WHEREAS, the Administration has modified the Development Agreement to
incorporate the conditions required by the City Commission at its June 1 1, 2014
meeting, and will be proposing an Amendment to the Sidewalk Caf6 Ordinance
prohibiting sidewalk caf6s at the Project Site.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE C!ry OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, upon second and final reading, and after a duly noticed
public hearing, the Development Agreement between the City and Jameck
Development, lnc. (Jameck or Developer) for the design, development, and construction
of certain streetscape improvement in the City's right of way, at the portion of Euclid
Avenue between Lincoln Road and Lincoln Lane South (Euclid Right Of Way Project or
the Project), including, without limitation, removal of the disconnect vault and landscape,
installation of new hardscape, landscape, street lighting, and closure of a portion of
Euclid Avenue to vehicular traffic as part of an extension of the Lincoln Road Pedestrian
Mall, attached hereto and incorporated herein by reference; said project having a
total budgeted cost to the City, in the total sum of $485,821, with any additional funds
for the Project to be covered by the Developer; with such City funds to be appropriated
from Miami Beach Redevelopment Agency (Historic Convention VillageiCity Center
RDA) Funds.
PASSED AND ADOPTED this the 23h day of 4U, 2014.
Philip Levine
MAYOR
ATTEST:
APPROVED AS TO
FORM & LANGUAGERafael E. Granado
GIry CLERK
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r0
716
EX}IIBIT (1"
717
Htr$TORIC PRE$ERVATION BOARD
City of Miaml Beach, Florida
MEETING DATE: OctoherS, 2013
FILE NO:
PROPEflTY:
LEGAL:
7385
Euclid Avenue between Lincoln
Road and Lincoln Lane South
A portion of the Fubtic-Right-of-Ways of Euclid Avenue from Lincoln Lane
to Lincoln Road along with a portion of the aCjacent Right-of-Ways, all
lying and being in ihe City of Miami Beach, Florida.
lN RE: The Application for a Certificate of Appropriateness for sireetscape
impror"prents in the City's rights-of-way, These improvements inclucie,
but are fiot limited to, lhe removal of the disconnect vault and landscape,
installation of new hardscape, landscape, and street lighting and ihe
ctosure of a poriion of Euclid Avenue to vehicr.llar traffic, as part of an
extension of the pedestrian mall.
ORDER
The applicant, City of Miami Beach, filed an application with the City of Miami Beach Planning
Deparimeni for a Certificate of Appropriateness.
The City of Miami Beach Historic Freservation Board makes the fotlowing FINDINGS OF FACT,
based upon the evidence, information, testimany and materials presented at the public hearing
and which are part of the rec*rd for this matter:
A. The subje*t site is located within the Ffamingo Park Local Historic Diskict.
B, Based on the plans and documents subrnitled with ihe application, testimony and
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Page 2 of 7
HPB File No. 7385
Meeting Date: October B, 2013
information provided hy the applicant, and the rea$ons set fo(h in the Planning Department
Stafl Report, the project as submitted is consistent with the Certificate of Appropriateness
Criteria in Section 118-564(a)(1) of the Miami Beach Code, is not consisteni with Ceriificate of
ApBropriateness Giiteiia 'f -ifr $ection ffB:564G1(2)'.flhel{iami Boaen CoT6, -irnrf is noi
consistent with Certificate of Appropriateness Criteria 'h'in Section 118-564(aX3)of the Miami
Beach Code.
1.
The project would he *cnsistent with the criteria and requirements of section 118-5S4 if the
iollowing condiiions are met:
A revised landscape plan, prepared by a Professional Landscape Architect, registered in
the State of Florida, and corresponcjing site plan, shali be submiiled to *nd approved by
staff. The species type, quantity, dimensions, spacing, location and overall height of all
plant material shall be clearly dellneated and subject to the revierv and approval of staff.
At a minimum, such plan shall incorporate the following:
e. The propased planter closest to Lincoln Road, r,,r;hich is intended to preserve the
two large and existing Copper Pod .trees shall be significantly enlarged in order to
protect and minimize damage to the existing root system of the trees, in a
manner io be reviewed and approved by Ptanning Department stalf and the
Ciiy's Urban Forester consistent tiviih the Certificate of Appropriateness Criteria
and/oi'the dlrections from the Board. At a minimum, the orrerall square footage
sf the existinq planting area shallnot be reduced.
b. A tree protection. plan, ensuring that the root system, trunk, and branches ol the
existing Coppei Fcd trees are fully proiected during the construction period, shall
be submitted in a manner to be reviewed and approved by Planning Department
staff and the Ciiy's Urban Forester consistent with the Cerlificaie of
Appropriateness Criteria andlor the direciions from the Board.
c. Cne or more additional large canopy trees shall be iniroduced within ihe northern
portion of the southernmost oval planter, in a rnanner to be reviewed and'" approved by Planning Department staff and the City's Urban Forester consisterit
with the Certificate of Appropriateness Criieria andlor the directions from the
Board.
c"Smali size accent palms trees may be utilized as part of the underslory plant
paletie composition, but should not prevent or limit the addition of more shade
trees, in a manner to be reviewed and approved by Planning Depariment statf
and the City's Urban Forester consisten{ lvith the Certificate of Appropriateness
Criteria and/or the directions from the Board.
The planter structure shall be constructed of a high quality, natural architectural
concrete, in a rnanner to be revielyed and approved by Planning Department
staff consistent rvith the Ceriificate ol Appropriateness Criteria and/or the
directions from the Board.
Any demolition vrork adjacent to the existing trees shall be performed in close
consultation with the City's Urban Foresier.
i 1l
:1. ;]
' il
t,)
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Page 3 of 7
HPB File No. 7385
Meeiing Date: October B, 2013
The utilization of root barriers and/or Silva Cells,
delineated on the revised landscane olan.
as applicable, shall be clearly
h.A fully automatic inigatian systern with 100% coverage and an autonratic rain
sensor in order to render the system inoperative in the event of rain" Rightof-
way areas shall alsc be incarporated as part of the irrigation system.
The proposed black and white concrete paving areas shall be comprised of fulty
integral colored ronerete and samples shall be provided, in a manner to be
reviewed and approved by Planning Department staff consislent wiih the
C*riificaie of Appropriateness Criteria and/or the directions fram the Board,
The applicant shall explore with the Planning Department and Public Works
Depariment the most appropriate lighting sysiem to be used in the new plaza
area, in a manner to be re''rieurecl and approved by Flanning Department staff
consisient with the Certificate of Appropriateness Criteria and/or the directions
fronr the Board. Standard "Paulsen" lights, matching ihe existing pedestrian
lighting elsewhere on ihis block of Lincoln Road, shall be used in the new plaza
area if no alternative mcre appropriato lighting sysiem is ideniified.
Materials samples shall be provided for all proposed mosaic tiles and grout of the
"decorative mosaic rnounis" of the new plaza, in a manner to be revielved and
approved by Planning Departrnent stafi consistent with the Certificate of
Appropriateness Criteria and/or the directions from the Board.
Any proposed up-lighting cf the trees in the new plaza area shall be provided, in
a mannet to be reviewed and approved by Planning Department staff consistent
trvith the Certificate cf Appropriateness Criteria and/or the directions from the
Board.
The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all backflow prevention devices, Backfiolv prevention devices shall
not be permiited within any required yard cr any area fronting a street or
sidewalk, unless otherwise permitted by the Land Development Regulaiions.
The location of all backflow prevention devices, and how they are screened from
the right-of-way, shall be clearly indicated on the site and landscape plans and
shall be subject to the review and approval of staff. The fire department
shall require a post-indicator valve (PIV) visible and accessible from the street.
The applicant shall verify, prior to the issuanre of a Building Permit, the exact
location of all poslindicator valves {PlV), fire department connections (FDC)and
all other related devices and fixtures, whiclr shall be clearly indicated on the site
and landscape plans, in a manner 1o be reviewed and approved by siaff
consistent with the Certificate of Appropriatelress Criteria anClor the directions
from the Board.
The applicant shali verify, prior to the issuance bf a Buitding Pennit, the exaci
locatlon of all applicable FPL transformers or vault rooms; such transformers and
k.
ul-
n
720
Page 4 of 7
HPB File Ns. 7385
Meeting Date; October 8, 2013
2.
J,
vault rooms, and all other related devices and fixtures, shall not be permitted
within any required yard or any area fronting a street or sidewalk. The location of
!iltj Exlgl{or transformers,_eadiqU thAy alg lErcgxed wrtL laldwape nalcdal
from the right-of-lvay, shall be clearly indicated on the site and landscape plans
in a manner to be reviewed and approved by staff consistent with the Certiiicate
of Appropriateness Criteria andlor lhe directions from the Board.
p. Prior io lha issuance of a Certificaie of Occupancy, the Landscape Arcliitect for
the project architect shall verify, in writing, that the project is consistent vrilh the
site and landscape plans apprcved by the Planning Separtlnent for Btriiding
Permit.
A comprehensive annual maintenance program and schedule shall be prepared by the
design consultanis and provided to the City for ihe future successful nraintenanoe of this
plaza area. This maintenance proposal shall he revie$red and approved by all relevant
ciiy agencies.
The applicant may be required to submit a s*parate analysis for water and sewer
requirements, at the discretion of the Public Works Director, or designoe, Based on a
preliminary review oi the proposed project, the follor,ving may be required by the Pubtic
Works Depa*ment:
e. The existing electric utility room shall be relocated to private property and an
easement access shall be provided.
b. A traffic and neighborhood impact study shall be conducted as a means to
measure a proposed development's impact on transportaticn and
neighborhoods, The study shall address all roadway Level of $eMce (tOS)
deficiencies relatlve to the concurrency requirements of the City Code, and if
required, shall be submitied prior to the issuance of a Building Permit, The final. building plans shall nteet all other requirements of the Land Development
Regulations of the City Code. The developer shall refer to the rnost recent City of
Miami Beach'e Traffic and Neighborhood lmpact Mefhodology as issued by the
Public Works Department.
c. Removelreplace sidelvalks, curbs and gutters on all street frontages, il
applicable. Unless otherwise specified, the standard color for city sidewelks is
red, and the standard curb and gutter color is gray.
d" Mill/resurface asphalt in rear alley along prope*y, if applicable,
e. Provide underground utility service connections and on-site transformer location,
if necessary.
f. Frovide back-flolv prevention devices on alf water services.
g. Provida on-site, self*oontained siorm water drainage for the pr*posed
deve lopment.
S[r{
721
Page 5 of 7
HFB File No. 73S5
Meeting Date: Oc'tober B, 2013
h_Meet waterlsewer concurency requirements including a hydraulic uvater rnodei
analysis and graviiy sewer systenr capacity analysis as determined by the
Department and the required upgrades to water and sewer mains servicing this
project.
Paynrent of City utillty impact lees for water meters/services.
Frovide flood banier ramps to underground parking or minimum slab slevation to
be at high*st adjarent crown road elevation plus 8".
t+.
k. Right-of-way permit must be obtained from Puhlic Works,
l. All right-cf-lvay encroachments must be removed.
m. All plantingllandscaping in the public rightof-way must be approved by the Public
Works and Parks Departments.
All new and altered elements, spaces and areas shall meet the requirenrents of the
Florida Accessibility Code (FAC).
At the time of completion of the prcjeci, only a Final Certificate cf Occupancy (CO) or
Final Certifisate of Completion (CC) may be appli*d for; the staging and scheduling of
the construction on site shall iake this into account. All i,rrork on site must be compfeted
in accordance lviih the plans approved herein, as well as by the Building, Fire, Planning,
CIP and Public Works Departments, inclusive of all conditions imposed hereln, and by
cther Developrnent Review Boards, and any nrodificaiions required pursuant io field
inspections, prior to the issuanca of a CO or CC. This shall not prohibit the issuance of a
PartialorTemporary CO, or a Partial orTemporary CC.
The Final Oreier shall be recorded in the Pubiic Records of Miami-Dade County, prior to
the issuance of a Euilding Permit,
The Final Order is not severable, and if any provision or condition hereof is held void or
unconstitutional in a final decision by a court of competent jurisdiction, the order shall be
returned to ths Board for reconsideration as to whether the crd*r meets the criteria for
approl,al absenl the stricken provision or condilion, and/or ii is appropriate to modify the
remaining conditions ot impose nel'r conditions"
The conditions of approval herein are binding on ihe applicant, the property's owners,
operators, and all successors in interesi and assigns"
S. I'lothing in this order authorizes a viciation of the City Code or other applicable law, nor
atior,vs a relaxation of any requirement or siandard set forih in the City Code.
lT lS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information,
testimcny and materials presented at the public hearing, which are pari of the record for this
matter, and the staff report and anaiysis, tvhich are adopied herein, including the staff
recommendations, which w*re amended by the Board, that the Certificate of Appropriateness i*
GRANTED for the aboye-referenced project subject to those certain conditions specified in
o.
t,
o.
722
Page 6 of 7
HPB File No. 7385
Meeting Date: October 8, 2013
paragraph C of the Findings of Fact (tondition Nos. 1-9 inclusive) hereof, to which the applicant
has agreed,
PROVIDED, the applicant shall build substantially in accorclance with the plans approveO nV the
Historic Preservaiion Board, as determined by staff, entitled "Lincoln Road Euclid", as prepared
by R + O Studio, dated 08:12:2013.
When requesting a building permit, the plans submiited to the Building Department for permit
shall be consisteni with the plans approved by the Board, modified in accordance with the
conditions set forth in this Final Order. No building permit may be issued unless and untii ali
cond[tions of approval that must be satisfied prior to permit issuance, as set forth in this Final
Order, have been met.
The issuance of thls Certificate of Appropriateness does not relieve the applicant from obtaining
all other required Munieipal, County andlor State reviews and permiis, including final zoning
approval. lf adequate handicapped aocess is not provided on the Board-approved plans, this
approval does not mean thai such handieapped access is not required. When requesting a
building permit, the plans submitteci to the Building Department for permit shall be consistent
with the plans apprcved by the Board, modified in accordance with the conditions set forth in
this Order.
lf ihe Full Building Pernrit for the project is not issued rvithin eighteen (18) months of the m*eting
date at which the original Ceriificate of Appropriateness was granted, this Certifisate of
Appropriateness uill expire and become null and void, lf ihe Futl Building Permit for the project
should expire for any reason (including but not limited to construction not commencing and
continuing, with required inspections, in accordance with the applicable Building Code), thls
Certificate of Appropriateness will expire and become null and void.
ln accordance wiih Seciian 118-561 of the City Code, the violation of any condiiions and
safeguards that are apart of this Order shall be deemed a violation of the land developm*nt
regulations of the City Code. Failure to comply wiih this Order shali subjeet this Certificate of
Appropriateness to Section 118-564, City Code, for revocation ormodification of ihe Cerlificate
, ti,l: 1i; ti, llI 1lt!
of Apprapriateness. .,th
Dated this | CI day ot Idd{20-13
H ISTORIC PRESERVAT}ON BOARD
THE trTY 0F MIAMI BEACH, rL0RlDA
THilMA$ R. MOONEY, AICP
DESIGN AND PRESERVATION
FOR THE CHAIR
723
Fage 7 of 7
HPB File No.7385
Meeting Date: October 8, 2013
STATE OF FLORIDA
COUNTYOF MIAMT-DABE
of the corporation. He is personally known to me.
The -foregoing instr*ment was acknowledged before me this && day ,offf*,.*a Ae-rz- bTl?.by Thornas R. Mooney, Design anc pr.eservation Maniger,
Planning Oepartment, City of Miami Beach, Florida, a Florida Municipal Corporation, Qn behalfY
)
)8s
)
"dr*..::% TERES*MARIA
. Bi-# . MvcoutilsioNroootgrlB
;ffi:ffiffi*mtrTffitfrlll
NOTARY PUBLIC
Miami-Dade County, Flafida ,- 4
My commission expires: /o( - s(:18
Approved As To Form:
Legal Department:t t0-/{'- /91
Filed with the Clerk of the Historic Preservation Board on t0*16- Zsl\S- . (-uJ5A. )
F:trLAN\$HPB\1 3H Pts\Oct1 3\?385,oct201 3.Fo.docx
724
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This instrument prepared by and
after recording return to:
Adam D. Lustig, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23'd Floor
Miami, Florida 33 l3 1-3456
DEVELOPMENT AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and
JAMECK DEVELOPMENT, INC.
for
STREETSCAPE IMPROVEMENTS AND STREET CLOSURE TO VEHICULAR TRAFFIC
ON EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN LANE SOUTH
727
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is entered into as of the
dayof-,20l4(the''EffectiveDate''),byandbetweentheCITYoFMIAMI
BEACH, FLORIDA, a municipal corporation of the State of Florida (the "City") and JAMECK
DEVELOPMENT, [NC., a Florida corporation ("Developer").
RECITALS:
A. The City is the owner of certain land located on Euclid Avenue, between Lincoln
Road and Lincoln Lane South, in Miami Beach, Florida, more particularly described in the
attached Exhibit "A" (the "Project Site").
B. Lincoln Center Associates, LLC, a Florida limited liability company ("Lincoln
Center") is an affiliate of Developer and is the owner of certain land adjacent to the Project Site
on which a parking lot is located, and more particularly described in the attached Exhibit rrBrr
(the "Lincoln Center Parking Lot").
C. On October 8,2013, the Historic Preservation Board (HPB) of the City, pursuant
to an order under HPB File No. 7385, issued a certificate of appropriateness granting approval of
streetscape improvements in the City's right of way, including, but not limited to, the removal of
the disconnect vault and landscape, installation of new hardscape, landscape and street lighting
(collectively "Streetscape Improvements"), and the closure of a portion of Euclid Avenue to
vehicular traffic, as part of an extension of the pedestrian mall.
D. On May 73,2013, the Finance and Citywide Projects Committee of the City,
recommended the approval of the Developer's conceptual plan for the closure of a portion of
Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an
extension of the Lincoln Road pedestrian mall, and the construction of Streetscape
lmprovements in the City's righrof-way located in the Project Site (the "Conceptual Plan").
E. On June 5, 2013, the Mayor and the City Commission approved the Conceptual
Plan in the form attached as Exhibit "C" and authorized the City Manager to enter into
negotiations with Developer to design and build the Project (as defined below).
F. The City administration staff and Developer met several times to develop design
concepts, construction schedules, costs estimates and terms and conditions for a negotiated
development agreement between the City and Developer.
G. The Mayor of the City and the City Commission in Resolution No. 2014-28628,
adoptedafterthefirstdu1ynoticedpub1ichearing,andinResolutionNo.-,adopted
after the second and final duly noticed public hearing held pursuant to the Development
Agreement Act (as hereinafter defined), determined that it is in the best interest of the City to
enter into this Agreement with Developer for the closure of a portion of Euclid Avenue, between
Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln
728
Road pedestrian mall, and the construction of Streetscape Improvements in the City's right-of-
way, located in the Project Site.
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and paSrments hereinafter set forth, the City and Developer agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the parties.
The above recitals are true and accurate and incorporated into this Agreement by
reference.
Whenever the following terms or pronouns in place of them appear in this Agreement the
intent and meaning shall be interpreted as follows:
1.1 Asreement: Agreement shall mean this Agreement and all addenda, exhibits, and
amendments thereto between the City and the Developer for the Project, all as defined herein.
1.2 AIPP: AIPP means the City's Art in Public Places
1.3 Chanee Order: A written document ordering a change in the Contract Sum or
Contract Time or a material change in the Improvements.
1.4 City: The City shall mean the City of Miami Beach, a Florida municipal
corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida
33T39, which is a party hereto and/or for which this Agreement is to be performed. In all
respects hereunder, City's performance is pursuant to City's position as the owner of the
Property. In the event City exercises its regulatory authority as a govefirmental body, the
exercise of such regulatory authority and the enforcement of any rules, regulations, laws and
ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a
goverlmental body and shall not be attributable in any manner to City as a party to this
Agreement.
1.5 City Commission: City Commission shall mean the goveming and legislative
body of the City.
1.6 City Manaeer: City Manager shall mean the Chief Administrative Officer of the
City.
1.7 Conceptual Plan: Conceptual Plan shall have the meaning set forth in the
Recitals.
729
1.8 Construction Drawinqs: Construction Drawings shall have the meaning set forth
in Section 3.3.
1.9 Construction Manager: Developer has selected Arlen Construction Group, Inc. to
act on behalf of Developer as the Project Construction Manager. The Construction Manager's
fees shall be paid by Developer.
1.10 Construction Phase: The phase of services which constitutes Developer's
administration of the construction of the Project and all activities necessary for the completion of
the Project.
1.11 Construction Schedule: The schedule for the Project, attached as Exhibit o'J", as
such schedule may be modified from time to time as a result of a Change Order or as otherwise
approved by City.
l.l2 Consultant: The registered architect, professional engineer, professional land
surveyor, civil engineer, and/or registered landscape architect who has contracted with
Developer to provide professional services for the design and construction of the Project, and
who is further licensed by the State of Florida to provide said services. The primary consultant
for this Project shall be the firm of R+O Studio, LLC, a professional services firm duly certified,
licensed and registered as an architectural firm, located at 1444 Biscayne Blvd., Suite 215,
Miami, Florida 331,32. When the term "Consultant" is used in this Agreement it shall be deemed
to include R+O Studio, LLC, as the primary consultant, or such other consultant selected by
Developer and approved by the City, in writing, in its reasonable discretion, prior to retention by
Developer.
Developer and City herein agree and acknowledge that Developer shall utilize
Consultant's Plans and Specifications for the Project for Developer's construction of the Project.
Developer further acknowledges and agrees that Consultant shall render as a Cost of the Work
certain professional services pursuant to this Agreement, including but not limited to, additional
architectural and engineering services ("A/E services"), as required; Project construction site
supervision and/or observations relative to the Improvements; and the rendering of approvals,
opinions, and decisions, all as more specifically set forth in the Contract Documents. Developer
herein further agrees and shall require any Consultant services, including but not limited to those
referenced in the preceding sentence, which will be required pursuant to the Contract
Documents, to also be binding upon Developer's Contractor; to the extent as same are binding
upon Developer as a party pursuant to this Agreement. It shall further be Developer's sole and
absolute responsibility to assure such compliance by its Contractor.
Developer and the City agree and acknowledge that the City is an intended third party
beneficiary in any contract entered into between Developer and Consultant. Developer shall
therefore submit its final agreement with Consultant to the City, for its review and reasonable
approval, prior to such agreement being executed by and between Developer and Consultant.
Additionally, Developer herein represents to the City that its agreement with Consultant shall
incorporate the terms and conditions of this Agreement and the Contract Documents, and
Developer shall assume sole and absolute responsibility for binding Consultant to same as if
Consultant were a party to this Agreement. The City has approved Developer's selection of R &
O Studio, LLC as the Consultant to design the Improvements.
730
1.13 Contract Administrator: The City agrees that a single person shall serve as
Contract Administrator under this Agreement and the City shall notify Developer of the person
who shall serve as Contract Administrator. The Director of the Public Works Department of the
City, or his designee, shall be designated as the Contract Administrator for matters concerning
this Agreement. Developer herein agrees and shall require that any Contract Administrator
services which will be required pursuant to the Contract Documents shall also be binding upon
Contractor, to the same extent as same are binding upon Developer as a party pursuant to this
Agreement.
1.14 Contract Documents: This Agreement, as approved by the Mayor and City
Commission and executed by the Mayor and City Clerk; the AIA ,{111 Standard Form of
Agreement Between Owner and Contractor, the Addendum to ,4.111, the ,4.201, General
Conditions to the Contract of Construction, any approved Change Orders; the performance and
payment bonds; Plans and/or Specifications, the Construction drawings, and any and all other
construction documents; other construction documents such as CPM Schedule, Construction
Schedule, and schedule of values; and any other documents the submission of which is required
by this Agreement. When reference is made in the Contract Documents to publications,
standards or codes issued by associations or societies, the intent shall be to specify the current or
adopted edition of such publication or standard including revision and effect on the date of the
contract execution, notwithstanding any reference to a particular date.
1.15 Contractor (or General Contractor): The contractor shall be selected by
Developer, and shall further be subject to prior approval in writing, by the City in its reasonable
discretion, to perform the Improvements for the Project.
Developer shall enter into a cost plus with a Guaranteed Maximum Price Contract (GMP
Contract) with the City approved Contractor. Developer and City agree and acknowledge that
City is an intended third party beneficiary in any contract entered into between Developer and
Contractor. The Developer shall therefore submit the final GMP Contract to the City, for its
review and approval, prior to such agreement being executed by and between Developer and
Contractor. Additionally, Developer herein represents to City that its agreement with Contractor
shall incorporate the terms and conditions of this Agreement and the Contract Documents, and
Developer shall assume sole and absolute responsibility for binding Contractor to same as if
Contractor were a party to this Agreement.
l.16 Contractor's Fee: Contractor's Fee shall have the meaning set forth in Section 8.6.
l.l7 Contract Sum: The Contract Sum is the Cost of the Work, not to exceed the
Guaranteed Maximum Price, as more particularly described in Section 8.1. Also, Developer shall
enter into a cost plus with a Guaranteed Maximum Price Contract (GMP Contract) with the City-
approved Contractor.
1.18 Contract Time: Contract Time shall have the meaning set forth in Section 6.3.
8.r0.
1.19 Cost of the Work: Cost of the Work shall have the meaning set forth in Section
731
I.20 CPM Schedule:CPM Schedule shall mean critical path method schedule.
1.21 Defective Work: Defective Work means Work that is not performed in
accordance with the Contract Documents, in violation of code, installed in violation of the
manufacturer's written instructions where the installation has caused new materials to be
detrimentally affected where the life expectancy of the material installed is reduced, or otherwise
installed in a non-workmanlike manner.
1.22 Department: Department shall have the meaning set forth in Section 52.4.
1.23 Developer: Jameck Development, Inc., a Florida corporation, its successors and
assigns, is the Developer selected to perform the Improvements pursuant to this Agreement, and
is the person, firm or corporation liable for the acceptable performance of the Project.
1.24 Development Agreement Act: Development Agreement Act means the Florida
Local Government Development Agreement Act, Section 1,63.3220, et. seq., Florida Statutes, as
same may be amended from time to time.
1.25 Develooment Approval: Development Approval means any zoning, rezoning,
conditional use special exception, variance or subdivision approval, concurrency approval under
Section 163.3180, Florida Statutes, or any other official action of local government having the
effect of approving development of land.
1.26 Documents: Documents shall have the meaning set forth in Section 35.1.
1.27 Field Order: A written order issued by the Contract Administrator which orders
minor changes in the work but which does not involve a change in the total cost or time for
performance.
1.28 Final Completion: The date certified by Consultant that all conditions of the
permits and regulatory agencies have been met, all construction, including corrective and punch
list Work, has been performed, pursuant to the Contract Documents, all administrative
requirements of the Contract Documents have been completed, and City has received from
Developer a release of all liens, consent of surety, release of claims by Developer, corrected as-
built drawings, executed final adjusted Change Order(s), copies of pertinent test results,
correspondence and other necessary documentation, including all warranties, guarantees, and
operational manuals, if any.
1,.29 Guaranteed Maximum Price (GMP): Guaranteed Maximum Price shall have the
meaning set forth in Section 8.1.
1.30 Hazardous Materials: As used in this Agreement "Hazardous Materials" means
any chemical, compound, material, substance or other matter that:
1.30.1 is a flammable, explosive, asbestos, radioactive nuclear medicine,
vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious
material, whether injurious or potentially injurious by itself or in combination with other
materials;
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1.30.2 is controlled, referred to, designated in or governed by any Hazardous
Materials Laws;
1.30.3 gives rise to any reporting, notice or publication requirements under
arryHazardous Materials Laws, or
1.30.4 is any other material or substance giving rise to any liability,
responsibility or duty upon the City with respect to any third person under any Hazardous
Materials Law.
1.31 Hazardous Materials Laws: As used in this Agreement, the term "Hazardous
Materials' Laws" means any and all federal, state or local laws or ordinances, rules, decrees,
orders, regulations or court decisions (including the so called "common law"), including without
limitation the Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended (42 U.S.C. $$9601 et seq.), the Hazardous Materials Transportation Act, as
amended (49 U.S.C. $$1801 et seq.), and the Resource Conservation and Recovery Act of I976,
as amended (42 U.S.C. $$6901 et seq.), relating to hazardous substances, hazardous materials,
hazardous waste, toxic substances, environmental conditions on, under or about the Premises,
soil and ground water conditions or other similar substances or conditions.
1.32 Historic Preservation Board or HPB: the Historic Preservation Board of the City
created and established pursuant to the Land Development Regulations or any board or body
which may succeed to its functions.
1.33 Improvements: The improvements to be constructed on the Project Site. The
Improvements shall consist of the removal of the planted area where Euclid Avenue intersects
with Lincoln Road, including the electrical disconnect vault, and relocating the electrical vault
and disconnects to the Lincoln Center Parking Lot in working order. The curb, sidewalk and
roadway of Euclid Avenue, from Lincoln Road to the north side of Lincoln Lane South, will be
replaced with a new designed black and white concrete pattern and new planting areas will be
added. That part of Euclid Avenue will become a pedestrian mall. A pedestrian drop-off area
shall also be designed for the Project, in a manner to be reviewed and approved by the City's
Public Works Department. Additionally, a new delivery vehicle loading zone will be removed
from Euclid Avenue and established at Lincoln Lane South, in a manner to be reviewed and
approved by the City's Public Works Department. The Improvements shall be designed,
developed, and constructed substantially in accordance with the Conceptual Plan attached as
Exhibit 66C", which has been approved by the City Commission, and pursuant to the
requirements of the HPB Order, as specifically defined herein in Subsection 3.2.1, a copy of
which is attached hereto and incorporated herein as Exhibit"D)).
1.34 Land Develooment Regulations: Land Development Regulations means Subpart
B (Chapters 114 througn 142) of the Code of the City of Miami Beach, Florida, as the same was
in effect as of the Effective Date of this Development Agreement.
1.35 Lincoln Center: Lincoln Center shall have the meaning set forth in the recitals.
1.36 Notice(s) to Proceed: A written document(s) issued by the Contract
Administrator informing the Developer to officially begin the Project.
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1.37 Plans and/or Specifications: The official graphic and descriptive representations
of this Project, which are apart of the Contract Documents.
1.38 Project: The Project means the Work described in the Contract Documents and
generally consists of the closure of a portion of Euclid Avenue, between Lincoln Road and
Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road pedestrian
mall, and the construction of the Improvements located in the Project Site.
1.39 Project Site: Project Site shall have the meaning set forth in the Recitals.
1.40 Shop Drawings: Drawings, diagrams and schedules (excluding, however, the
CPM Schedule), and other data specially prepared by Contractor or its subcontractors, sub-
subcontractors, manufacturer, supplier or distributor to illustrate some portion of the Work.
l.4l Streetscape Improvements: shall have the meaning set forth in the Recitals.
1.42 Substantial Completion: Subject to the requirements of Article 42, the date (or
dates) certified by the Consultant that all conditions of the permits and regulatory agencies have
been met for the City's intended use of the Project (or portions thereof), and all construction has
been performed therein in accordance with this Agreement and the Contract Documents so City
can fully, as opposed to partially, occupy or utilize the Project (or each portion thereof) for its
intended purpose. At a minimum, a Certificate of Substantial Completion is one of the
requirements for Substantial Completion.
1.43 Surety: The surety company or individual which is bound by the performance
bond and payment bonds with and for Developer and Contractor who is primarily liable and
which surety company or individual is responsible for Contractor's acceptable performance of
the Work under the Contract Documents and for the payment of all debts pertaining thereto in
accordance with Section 255.05, Florida Statutes.
1.44 Utilities: The public or private systems on the Project site for rendering electrical
power, light, heat, gas, water, communication, sewage systems, and the like.
1.45 Work: The construction required by the Contract Documents, as permitted,
including all labor necessary to produce such construction, and all materials and equipment
incorporated or to be incorporated in such construction.
ARTICLE 2
INTENTION OF AGREEMENT
It is the intent of the Contract Documents to describe a functionally complete Project to
be constructed by Developer in accordance with said Contract Documents. Any Work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result will be supplied. When words which have a well-known technical or
trade meaning are used to describe Work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard specifications, manuals or
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codes of any technical society, organization or association, or to laws or regulations of any
govefilmental authority, whether such reference be specific or by implication, shall mean the
standard specification, manual, code, laws or regulations in effect at the time of the completion
of design. Applicable laws or codes that may be changed after a permit is issued may result in an
increase in the Contract Time or Contract Sum should additional Work be required on behalf of
the Developer.
ARTICLE 3
CONSTRUCTION
3.1 Consistency with City's Comprehensive Plan and Zoning Rezulations. The City
has adopted and implemented the Comprehensive Plan. The City hereby finds and declares that
the provisions of this Agreement dealing with the Project and the Project Site are consistent with
the City's adopted Comprehensive Plan and Land Development Regulations, subject to all
applicable requirements, permits and approvals.
3.2 Historic Preservation Board Approval.
3.2.1 The City has heretofore submitted an application to the Historic
Preservation Board for its review of the Project, and the Historic Preservation Board has
approved the Project, pursuant to an Order dated October 8, 2013, under HPB File No. 7385 (the
"HPB Order").
3.2.2 If at any time after Final Completion it shall be necessary in connection
with the reconstruction or renovation of the Project to apply to the Historic Preservation Board
for its review or approval of any changes or modifications to the Project, the City shall be solely
responsible for making such application.
3.3 Desier of the Project. Developer shall be solely responsible for overseeing and
directing Consultant in the design of the Project, and such design shall be substantially in
accordance with the Conceptual Plan. City's prior written approval of the Plans and
Specifications for the Improvements, in its proprietary and not regulatory capacity, which shall
not be unreasonably withheld, conditioned or delayed, shall be required for the following: (a)
schematics, design development drawings; (b) design development drawings; (c) 60%
construction drawings; and (d) I00% construction drawings. City shall have thirty (30) days
after receipt of, respectively, 600/o construction drawings, and I00% construction drawings
(collectively, the "Construction Drawings") to review and provide Developer with written notice
of its approval or disapproval of the Construction Drawings. If the City fails to provide written
notice to Developer of its approval or disapproval of the Construction Drawings within such time
periods, the City shall be deemed to have approved them. If the City provides Developer with
timely disapproval of the Construction Drawings, Developer shall cause Consultant at its sole
cost and expense and at no cost to the City, to revise the Construction Drawings in accordance
with the City's objections and submit revised Construction Drawings to the City to address the
City's reasonable objections. City shall have the same time period to review and approve or
disapprove the revised Construction Drawings as set forth above with respect to the original
Construction Drawings. In the event the City disapproves the Construction Drawings, the design
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phase and the construction phase set forth in the Construction Schedule and the Contract Time
shall be extended by one day for each day from Developer's receipt of the City's disapproval
notice to the date of the City's approval of the revised Construction Drawings, provided, however
that the Developer shall bear all costs and expenses associated with such revisions, and the City
shall have no liability to either Developer or Consultant for payment of any costs associated
therewith.
3.4 Public Facilities and Concurrency. As the Project involves the creation of a
public pedestrian open space on the existing right of way of Euclid Avenue, between Lincoln
Road and Lincoln Lane South, and there is no enclosed space being constructed, there are no
conculrency impacts on the Project. City and Developer anticipate that the Project will be served
by those roadway transportation facilities currently in existence as provided by State, County and
local roadways. It is also anticipated that the Project will be served by public transportation
facilities currently in existence, including those provided by Miami-Dade County, the City, and
other governmental entities as may presently operate public transportation services within the
City. Sanitary sewer, solid waste, drainage, and potable water services for the proposed Project
are expected to be those services currently in existence and owned or operated by Miami-Dade
County, the Miami-Dade County Water and Sewer Department, and the City. The Project will
also be serviced by any and all public facilities, as such are defined in Section 163.3221(T2),
Florida Statutes (1997), as such are described in the City's Comprehensive Plan, specifically
including, but not limited to, those facilities described in the Infrastructure Element and Capital
Improvements Element therein, a copy of which is available for public inspection in the offices
of the Planning Department.
3.5 Required Development Permits.
3.5.1 In addition to the proprietary review and approvals set forth in Section
3.3 hereof, Developer shall be solely responsible for securing any and all final non-appealable
Development Approvals for the Improvements including, without limitation, those listed in the
attached Exhibit rrErr, to the extent required by the City, in its regulatory capacity. Where
necessary or desirable the City shall act as the applicant for the Development Approvals.
Developer shall be responsible for processing all applications for the Development Approvals.
Contract Administrator shall reasonably assist Developer in facilitating the prompt issuance of
the Development Approvals. In the event Developer has provided the City with all
documentation necessary to obtain the Development Approvals and the City fails to issue all of
the Development Approvals (other than the Certificate of Completion) prior to the end of the
permit phase set forth in the Construction Schedule, the permit phase and the Contract Time shall
be extended one day for each day from the end of the permit phase to the issuance of all of the
Development Approvals (other than the Certificate of Completion). All fees due in connection
with the Development Approvals shall either be (a) paid by the City in addition to the Cost of the
Work and not as part of the Contract Sum, or (b) waived.
3.5.2 There are no reservations and/or dedications of land for public purposes
that are proposed under the terms of this Agreement, except as expressly set forth in Section
52.3.
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3.5.3 The failure of this Agreement to address a particular permit, condition,
term or restriction shall not relieve Developer of the necessity of complying with the law
goveming said permitting requirements, conditions, term or restriction.
ARTICLE 4
CONTRACT DOCUMENTS
4.1 The Contract Documents shall be followed as to Work, material, and dimensions
except when the Contract Administrator may authoize, in his reasonable discretion, in writing,
an exception. Developer shall be entitled to a Change Order for exceptions that result in a time
delay or extra cost.
4.2 Dimensions given in figures are to hold preference over scaled measurements
from the drawings; however, all discrepancies shall be decided upon by the Consultant with
written notice to Contract Administrator. Developer shall not proceed when in doubt as to any
dimension or measurement but shall seek clarification from the Consultant with written notice to
Contract Administrator.
4.3 Developer shall maintain four (4) copies of the Contract Documents; two (2) of
which shall be preserved and always kept accessible at the site to the Contract Administrator or
his/her authorized representatives.
4.4 This Agreement incorporates by reference the Contract Documents defined in
Section 1.14. In the event of a conflict in the Contract Documents, the documents for the Project
shall have the following order of precedence, beginning with the most important:
1. Change Orders
2. This Agreement and all addenda, exhibits and amendments thereto
3. The Addendum to A111 between Developer and Contractor
4. The AIA A1l I Standard Form of Agreement between Owner and
Contractor
5. The Plans andlor Specifications (Approved and Permiued)
6. Other Contract Documents
ARTICLE 5
SCOPE OF WORK
5.1 The scope of the Work for the Project is the Work described in the Contract
Documents and generally consists of the removal of the planted area where Euclid Avenue
intersects with Lincoln Road, including the electrical disconnect vault, and relocating the
electrical vault and disconnects to the Lincoln Center Parking Lot. The curb, sidewalk and
roadway of Euclid Avenue, from Lincoln Road to the north side of Lincoln Lane South, will be
replaced with a new designed black and white concrete pattem and new planting areas will be
added. That part of Euclid Avenue within the Project Site will become a pedestrian mall. A
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737
pedestrian drop-off area shall also be designed for the Project, in a manner to be reviewed and
approved by the City's Public Works Department. Additionally, the delivery vehicle loading
zone shall be removed from Euclid Avenue and established at Lincoln Lane South, in a manner
to be reviewed and approved by the City's Public Works Department.
5.2 Contract Administrator will provide, at a minimum, the following services:
5.2.1 Contract Administrator shall inspect the Work.
5.2.2 Contract Administrator shall have the authority to reject Work that does
not in his reasonable opinion conform to the Contract Documents.
5.2.3 Contract Administrator shall monitor the overall control and expediting
of the construction of the Work to facilitate completion of the Work within the approved time
frame and within the Contract Sum.
5.2.4 Contract Administrator shall develop a punch list or lists of items
requiring corrective action.
5.2.5 Contract Administrator shall attend weekly progress meetings with the
Developer, Consultant and Contractor to review Work progress and resolve issues relating to the
prosecution of the Work.
5.2.6 Contract Administrator shall instruct Developer to commence the Work
by written instructions in the form of a Notice to Proceed issued by Contract Administrator.
5.2.7 Contract Administrator shall initiate or approve Change Orders in
accordance with the terms of this Agreement.
5.2.8 Contract Administrator shall review and approve applications for
payment and submit same to the City for payment.
5.2.9 Contract Administrator shall approve or issue Field Orders.
5.2.10 Contract Administrator shall review Shop Drawings.
5.3 Consultant will provide, at aminimum, the following services:
5.3.1 Consultant shall perform all of the architectural and engineering
services necessary to describe, detail and design the Project in accordance with the Contract
Documents.
5.3.2 Consultant shall design the Project so as to comply with applicable
codes and regulations.
5.3.3 Consultant shall prepare the Plans and Specifications, as well as review
and approve (or take other appropriate action upon) submittals such as Shop Drawings, product
data and samples.
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5.3.4 Consultant shall prepare construction change directives, if necessary,
and authorize minor changes in the Work as provided in the Contract Documents.
5.3.5 Consultant shall receive and review for compliance with the Contract
Documents all written warranties and related documents required hereby to be assembled upon
Substantial Completion and issue certificates for payment for Work performed in compliance
with the requirements of the Contract Documents.
5.3.6 Consultant shall review Shop Drawing submittals prepared by the
Contractor and its subcontractors and return to Contract Administrator for routing.
5.3.7 Consultant shall review and/or respond to Contractor and/or City
inquiries regarding the intent of the Contract Documents with respect to written requests for
information, requests for Change Orders, and other communications between the Developer and
the City requiring Consultant review.
5.3.8 Consultant shall prepare Contract Documents clarifications to address
clarifications regarding the intent of the Contract Documents.
5.3.9 Consultant shall perform specialty site visits by various design
disciplines upon request in the prosecution of the Work.
5.3.10 Consultant shall assist Contract Administrator with the development of
a punch list or list of items requiring corrective action.
5.3.11 Consultant shall attend weekly progress meetings with the Developer,
Contract Administrator, and Contractor to review Work progress and resolve issues relating to
the prosecution of the Work.
5.3.12 Consultant shall have the authority to order or approve deviations from
the Contract Documents, pursuant to approved Change Orders, so long as such deviations do not
result in a change to the Contract Time or cause the Cost of the Work to exceed the Guaranteed
Maximum Price (i.e. Contract Sum). In the event any such deviations are sought, prior written
approval from the Contract Administrator must be obtained.
ARTICLE 6
CONTRACT TIME
6.1 Time is of the essence for Developer's and Contractor's performance of the Work
pursuant to the Contract Documents. Developer agrees to complete the Work in accordance with
the Construction Schedule and to achieve Substantial Completion of the Work, in accordance
with the Contract Documents, and within the Contract Time, provided the City responds timely
to requests for information, Shop Drawings, and/or decisions and approvals required under this
Agreement.
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6.2 Developer shall be instructed to commence the Work by written instructions in
the form of a Notice to Proceed issued by the Contract Administrator.
6.3 The Work shall be Substantially Completed within six (6) months after the City's
issuance of permit(s) to commence construction and the Notice to Proceed (as may be extended
as a result of force majeure events, mutual agreement of the City and Developer, or by City
caused delays). The Work shall have achieved Final Completion and be ready for final payment,
in accordance with Article 10, within thirty (30) days from the date certified by Consultant as the
date of Substantial Completion (the "Contract Time").
ARTICLE 7
DEVELOPER'S RESPONSIBILITY
7.1 The parties acknowledge and agree that the Developer and Contractor will be
responsible for the construction of the Project in accordance with the terms of this Agreement
and the Contract Documents.
7.2 It is Developer's responsibility to cause Contractor to have and maintain
appropriate certificate(s) of competency, valid for the Work to be performed and for all persons
working on the Project for whom a certificate of competency is required.
7.3 Until Final Completion, Developer shall be fully responsible for the performance
of Contractor and Consultant and their respective subcontractors, subconsultants, and any other
person or firm acting under the direction and/or control of Developer, under the terms of this
Agreement. Upon Final Completion, (i) City shall hold only Contractor, Consultant and the other
subcontractors and subconsultants (but not Developer) responsible for the performance of this
Agreement and any warranties arising therefrom, (ii) City shall unconditionally and irrevocably
release, satisfy and forever discharge Developer and all of its officers, shareholders, partners,
directors, members, managers, employees or agents of and from any and all actions, causes of
action, claims, demands, losses, costs and expenses, whether direct, contingent or consequential,
liquidated or unliquidated, at law or in equity, relating to the design and construction of the
Project, and (iii) provided full payment has been received by Developer, Developer shall
unconditionally and irrevocably release, satisfy and forever discharge the City, and its officers,
employees, contractors and agents, of and from any and all actions, causes of action, claims,
demands, losses, costs and expenses, whether direct, contingent or consequential, liquidated or
unliquidated, at law or in equity, relating to this Agreement, the Contract Documents, the Project
andlor the Improvements, and including, but not limited to the design and construction of the
Project and/or the Improvements.
7.4 Developer agrees to bind specifically Contractor and Consultant, and require that
Contractor and Consultant bind any and all of their respective subcontractors and subconsultants,
to the applicable terms and conditions of this Agreement and the Contract Documents for the
benefit of City.
7.5 Developer shall at all times enforce strict discipline and good order among its
Contractor, employees and consultants, and require Contractor to enforce strict discipline and
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740
good order among its subcontractors at the Project Site; and, further, shall not employ (either
directly or through Contractor and Consultant and their respective subcontractors and
subconsultants on the Project) any unfit person or anyone not skilled in the work or services
assigned to him or her.
7.6 Developer shall keep itself fully informed of, and shall take into account and
comply with, all applicable state and national laws and county and municipal ordinances and
regulations in any manner affecting those engaged or employed in the Project, or the materials
used or employed in the Project, or in any way affecting the conduct of the Project, and of all
such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same
and of all provisions required by law to be made a part of this Agreement, all of which
provisions are hereby incorporated by reference and made a part hereof. If any specification or
contract for this Project is knowingly in violation of any such law, ordinance, regulation, order or
decree, Developer shall forthwith report the same to the Contract Administrator, in writing.
Developer shall cause all of its agents and employees and Contractor and Consultant, and their
respective subcontractors and subconsultants, to observe and comply with all applicable laws,
ordinances, regulations, orders and decrees (hereinafter, collectively referred to as "Applicable
Laws").
7.7 In the event of a change after the Effective Date of this Agreement in any
Applicable Law (or Applicable Laws) which becomes known to the Developer or the City,
Developer or the City (as applicable) shall advise the Consultant and Contract Administrator, in
writing, and the Consultant andlor Contract Administrator, may initiate a Change Order, the
purpose of which shall be to bring the Project into compliance such Applicable Law (or Laws) as
amended or enacted.
7.8 Developer shall pay as a Cost of the Work all applicable sales, consumer, use and
other taxes required by law in effect as of the Effective Date of the Agreement. Developer is
responsible for reviewing the pertinent State statutes involving State taxes and complying with
all requirements. Notwithstanding the foregoing, the City, in its sole discretion, may provide a
City issued debit card to Contractor in order for Contractor to purchase materials for the Project
on behalf of the City without the payment of sales tax.
7.9 Developer shall contract the services of a licensed general contractor (Contractor)
to execute the Work.
7.10 Developer shall submit a certified, monthly application for payment prepared by
Contractor for review/approval by the Consultant and Contract Administrator.
7.1,1 Developer shall provide a location for, attend and participate in weekly
construction progress meetings with the Contract Administrator, Consultant and Contractor.
7.12 Developer hereby agrees to complete the Project and the Improvements described
by the Contract Documents, in accordance with the requirements and provisions of the Contract
Documents.
7.13 Developer agrees to meet with Contract Administrator or his designee at
reasonable times and with reasonable notice.
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7.14 Prior to Final Completion of the Project and the Improvements, there shall be
established a record set of Plans and/or Specifications, on bond paper and on CD Rom,
noncompressed, formatted in the latest version of AutoCAD, which shall bear the approval of
Developer and Contract Administrator. Such approval shall be indicated by the written signature
of both parties. In addition, prior to, and as a condition precedent to the City's issuance of the
Notice to Proceed for the commencement of construction services under this Agreement,
Developer shall submit to the Contract Administrator, for Contract Administrator's review and
approval (which approval shall not be unreasonably withheld, conditioned or delayed), a CPM
Schedule for the planning and execution of the Construction Phase of the Project.
7.15 Developer will provide overall technical and management services to assist the
City in maintaining schedules, establishing budgets, controlling costs, achieving quality and
minimizing operational disruptions.
7.16 If at any time the Developer observes or becomes aware of any fault or defect in
the Project or of any nonconformance with the Contract Documents, Developer will notify the
Consultant and Contract Administrator, and will direct that all reasonable steps be taken to
correct such fault, defect or nonconfoffnance.
7.17 During the course of the Work, Developer shall also be responsible for causing
Contractor to provide quality assurance of the Work in accordance with the Contract Documents.
7.18 Developer shall coordinate all phases of the Work to facilitate completion of the
Project within the Construction and the Guaranteed Maximum Price.
ARTICLE 8
THE CONTRACT SUM
8.1 The Contract Sum, in the amount of $485,821, is the maximum amount, subject to
additions or deletions by approved Change Orders, in accordance with this Agreement, agreed to
by the City and Developer under this Agreement to complete the Work in accordance with the
Contract Documents (the "Guaranteed Maximum Price"). Developer will comply with all
requirements of funding sources provided by City for construction of the Improvements. The
City confirms that the City Commission has approved the funding of the Contract Sum and that
City Commission approval is not required for any approved Change Orders under this
Agreement, so long as the Cost of the Work does not exceed the Guaranteed Maximum Price.
8.2 Developer shall enter into a Cost Plus with a Guaranteed Maximum Price contract
with Contractor. At 60% Construction Drawings, Developer shall submit the costs of the
Improvements for bids. If the bids for the proposed design of the Project exceed the Guaranteed
Maximum Price, then the City Commission, at its sole discretion, may elect to: (a) have the
Developer (and its Consultant and Contractor) value engineer the Project (at Developer's sole
cost and expense, and at no cost to the City) to bring it back into budget, so that the expected cost
of the Improvements will not exceed the Contract Sum; (b) add more money to the Project
construction budget (i.e. increase the Contract Sum); or (c) terminate the Development
Agreement, without further liability to the City or Developer. If the City rejects the value
l5
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engineered Project, and the City and Developer are unable to agree on a modified design of the
Project or an increase in the Contract Sum to the extent necessary to complete the Work for such
modified design within thirty (30) business days after the City's rejection of the value engineered
Project, then either the City or Developer shall have the right to terminate this Agreement,
without further liability to each other, by delivering written notice to the other party within ten
(10) business days after the end of such thirty (30) business day period. Alternatively, Developer
shall have the right, but not the obligation, to pay for the costs in excess of the Contract Sum,
subject to the prior approval of the City Commission and so long as the increased cost of the
Improvements is not likely to materially increase the future maintenance costs to be incurred by
the City after completion of the Improvements, as determined by the City in its sole discretion.
Notwithstanding the preceding, if the City Commission elects to value engineer the Project, and
the resulting value-engineered Project reflects material changes to the Improvements from those
described in the approved Conceptual Plan ("Material changes" shall be determined by the City
Commission, in its sole and absolute discretion), and the City and Developer are unable to agree
on a modified Project design, then either City or Developer shall have the right to terminate this
Agreement, without further liability.
8.3 The City shall pay the Contract Sum, as adjusted by approved Change Orders.
The construction contract shall limit the grounds for approved Change Orders to City requested
Change Orders, Developer requested Change Orders approved by the City, force majeure events,
City Building Department field inspector requirements, acts or omissions of the City, errors and
omissions of the Consultant, material and substantial changes in the Work not caused by
Developer, concealed or unknown conditions, and costs due to emergencies incurred in taking
action to prevent threatened damage, injury or loss in case of an emergency affecting the safety
of persons and property.
8.4 Developer shall fund the soft costs of the Improvements, which are estimated to
be approximately $116,000 in accordance with the estimated budget attached hereto and made a
part hereof as Exhibit "F". Developer shall be responsible for 100% of the soft costs, even if
the total sum exceeds $116,000.
8.5 The City shall pay Developer the Contract Sum plus all approved Change Orders
in current funds for Developer's perforrnance of this Agreement through the date of the latest
approved requisition. The initial Contract Sum is the schedule of values which represents the
sum of the Cost of the Work as defined herein, not to exceed the Guaranteed Maximum Price.
The Contract Sum may be adjusted only by signed and approved Change Orders issued in
accordance with the terms of the Contract Documents.
8.6 Contractor's Fee. Contractor's Fee shall be set forth in the Contractor's GMP
Contract (the "Contractor's Fee").
8.7 IntentionallyDeleted.
8.8 Adjustments to the Guaranteed Maximum Price on account of changes in the
Work may be determined only in accordance with the terms of this Agreement.
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8.9 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost"
and "costs" as used in the above-referenced provisions shall mean the Cost of the Work as
defined below.
8.10 Cost of the Work. The term "Cost of the Work" shall mean costs necessarily
incurred by the Developer, Contractor, Consultant or the City in the proper performance of the
Work. Such costs shall be at rates not higher than the reasonable and customary price paid for
similar work on Miami Beach, Florida except with prior written consent of the City. The Cost of
the Work shall include only the items set forth in this Article 8, as follows:
8.10.1 Wages of construction workers directly employed by the Developer or
Contractor to perform the construction of the Work at the site or, with the City's written
approval, at off-site workshops, provided such costs are not incurred as the proximate result of
defects of deficiencies of the Work.
8.10.2 Wages or salaries of the Developer's and Contractor's supervisory and
administrative personnel when stationed at the site as included in the schedule of values shall be
included in the Cost of the Work.
8.10.3 Wages and salaries of the Developer's and Contractor's supervisory or
administrative personnel engaged, at factories, workshops or on the road, in expediting the
production or transportation of materials or equipment required for the Work, but only for that
portion of their time required for the Work and only upon the written consent of the City.
8.10.4 Costs paid or incurred by the Developer or Contractor for training,
taxes, insurance, contributions, assessments, profit sharing, pensions and all other benefits
required by law or collective bargaining agreements or by corporate policy and, for personnel not
covered by such agreements, customary benefits such as sick leave, medical and health benefits,
holidays, vacations and pensions, provided such costs are based on wages and salaries included
in the Cost of the Work.
8.10.5 Payments made by the Developer or Contractor to Consultant or other
design professionals in accordance with the requirements of this Agreement, provided such costs
are not incurred as the proximate result of defects of deficiencies in the Work.
8.10.6 Costs, including transportation and storage, of materials and equipment
incorporated or to be incorporated in the completed construction.
8.10.7 Costs of materials described in the preceding Section 8.6.6 in excess of
those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if
any, shall become the City's property at the completion of the Work or, at the City's option, shall
be sold by the Developer. Any amounts realized from such sales shall be credited to the City as
a deduction from the Cost of the Work.
8.10.8 Costs, including transportation and storage, installation, maintenance,
dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and
hand tools not customarily owned by construction workers, that are provided by the Developer or
Contractor at the site and fully consumed in the performance of the Work; and cost (less salvage
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value) of such items if not fully consumed, whether sold to others or retained by the Developer
or Contractor. Cost for items previously used by the Developer or Contractor shall mean fair
market value.
8.10.9 Rental charges for temporary facilities, machinery, equipment, and
hand tools not customarily owned by construction workers that are provided by the Developer or
Contractor at the site, whether rented from the Developer or Contractor or others, and costs of
transportation, installation, minor repairs and replacements, dismantling and removal thereof.
Rates and quantities of equipment rented shall be subject to the City's prior approval. Rental
charges for equipment owned by the Developer or Contractor shall be consistent with the lesser
of those shown in the current Associated Equipment Dealers Manual or prevailing commercial
rates. Rental charges from third-parties shall be at cost. Rental rates shall be inclusive of all
charges. Lost equipment shall not be a Cost of the Work.
8.10.10 Costs of removal of debris from the site including loading and dump
charges.
8.10.11 Costs of document reproductions, facsimile transmissions and long-
distance telephone calls, postage and parcel delivery charges, telephone service at the site.
8.10.12 That portion of the reasonable expenses of the Developer's andlor
Contractor's personnel incurred while traveling in discharge of duties connected with the Work.
Without prior written consent of the City, travel and living charges including per diems for
Developer's or Contractor's personnel such as the project manager and project superintendent
that do not reside in South Florida shall not be a Cost of the Work.
8.10.13 Costs of materials and equipment suitably stored off the site at a
mutually acceptable location, if approved in advance by the City.
8.10.14 That portion of insurance and bond premiums that can be directly
attributed to this Agreement.
8.10.15 Sales, use or similar taxes imposed by a govemmental authority that are
related to the Work at the rates that are in force as of the date of the Agreement.
8.10.16 Fees and assessments for the building permit and for other permits,
licenses and inspections for which the City, Developer or Contractor are required by the
Agreement to pay.
8.10. 17 Fees of laboratories for tests required by the Contract Documents.
8.10.18 Royalties and license fees paid for the use of a particular design,
process or product required by the Contract Documents; the cost of defending suits or claims for
infringement of patent rights arising from such requirement of the Contract Documents; and
payments made in accordance with legal judgments against the Developer or Contractor resulting
from such suits or claims and palmrents of settlements made with the City's consent.
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8.10.19 Deposits lost for causes other than the Developer's or Contractor's
negligence or failure to fulfill a specific responsibility to the City as set forth in the Contract
Documents.
8.10.20 Other costs incurred in the performance of the Work if and to the extent
approved in advance in writing by the City.
8.10.21 Costs due to emergencies incurred in taking action to prevent
threatened damage, injury or loss in case of an emergency affecting the safety of persons and
property.
8.10.22 The Contractor's Fee.
8.11 Costs Not to be Reimbursed. The Cost of the Work shall not include:
8.11.1 Salaries and other compensation of the Developer's or Contractor's
personnel stationed at the Developer's or Contractor's principal office or offices other than the
site office.
8.11.2 Expenses of the Developer's principal office and offices other than the
site office.
8.1 1.3 Overhead and general expenses not associated with the Project.
8.11.4 Developer's or Contractor's capital expenses, including interest on the
Developer's or Contractor's capital employed for the Work or bonding (except as set forth in
Section 8.6 above).
8.11.5 Fees due to the Construction Manager.
ARTICLE 9
9.1 Progress Payments.
9.1.1 Developer may make application for payment for Work completed
during the Project at intervals of not more than once a month. The period covered by each
application for payment shall be one calendar month ending on the last day of the month.
9.L2 Based upon applications for payrnent prepared by Contractor and
submitted by Developer to Consultant and Contract Administrator and certificates for payment
issued by the Consultant, (a) Contract Administrator shall have ten (10) days after it is presented
with an application for paSrment to review and approve same or state in writing its reasons for
non-approval; and (b) for approved applications for payment, the City shall make progress
payments on account of the Contract Sum to Developer, as provided below and elsewhere in this
Agreement, within thirty (30) days after the submittal of each such application for payment to
Contract Administrator.
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9.1.3 With each application for payment, Developer shall submit payrolls,
receipted invoices or invoices with check vouchers attached, and any other evidence required by
the City, Contract Administrator or Consultant to demonstrate that cash disbursements already
made by the Developer or Contractor on account of the Cost of the Work.
9.1.4 Each application for payment shall be based on the most recent
schedule of values submitted by Developer in accordance with this Agreement. The schedule of
values shall allocate the entire Guaranteed Maximum Price among the various portions of the
Work. The schedule of values shall be prepared in such form and supported by such data to
substantiate its accuracy as the Consultant may reasonably require. This schedule, unless
objected to by the Consultant or Contract Administrator, shall be used as a basis for reviewing
the applications for payment submitted by Developer.
9.1.5 Applications for payment shall show the percentage of completion of
each portion of the Work as of the end of the period covered by the application for payment. The
percentage of completion shall be the lesser of (1) the percentage of that portion of the Work
which has actually been completed; or (2) the percentage obtained by dividing (a) the expense
that has actually been incurred by Developer on account of that portion of the Work for which
Developer has made or intends to make actual payment prior to the next application for payment
bV (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the
schedule of values. Substantiating backup including that for general conditions, vendors, rentals
and sub-developers shall be provided to properly support each progress payment.
9.1.6 Subject to other provisions of the Contract Documents, the amount of
each progress payment shall be computed as follows:
(a) take the total of the Cost of the Work and allocate it to each line
item in the approved schedule of values subject to the amount not exceeding the then percent
completion of the Work for that individual line item; and
(b) subtract the aggregate of previous payments made by the City.
9.1.7 Unless otherwise provided in this Agreement, pa5rments shall be made
on account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved, in advance and in writing by the Contract Administrator,
payment may similarly be made for materials and equipment suitably stored off the site at a
location agreed upon in writing. Payment for materials and equipment stored on or off the site
shall be conditioned upon compliance by Developer and Contractor with procedures satisfactory
to the City to establish the City's title to such materials and equipment or otherwise protect the
City's interest, and shall include the costs of applicable insurance, storage and transportation to
the site for such materials and equipment stored off the site.
9.1.8 The City may withhold payment of an application for payment to such
extent as may be reasonably necessary to protect itself from loss on account of Defective Work.
The City shall only withhold payment of the portion of an application for payment for which it
claims Defective Work. The City shall provide Developer with written notice of its rejection of
an application for payment (or a portion thereof) as a result of Defective Work within ten (10)
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days after its receipt of such application for payment, failing which, the City shall be deemed to
have waived its right to withhold payment of such application for payment on account of
Defective Work. Such written notice shall include the City's basis for claiming Defective Work.
If Developer disputes the City's claim of Defective Work, such dispute shall be resolved pursuant
to the terms of Article 11 in this Agreement.
ARTICLE 10
ACCEPTANCE AND FINAL PAYMENT
10.1 Upon receipt of written notice from Developer that the Work is ready for final
inspection and acceptance, Consultant and Contract Administrator shall, within ten (10) days,
make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable;
that the requisite documents have been submitted and the requirements of the Contract
Documents have been fully performed; and all conditions of the permits and regulatory agencies
have been met, a final certificate of payment shall be issued by Consultant and approved by
Contract Administrator, stating that the requirements of the Contract Documents have been
performed and the Work is ready for acceptance.
10.2 On or before issuance of the final certificate of payment, Developer shall deliver
to Consultant the following, evidencing Final Completion:
10.2.1 A final waiver and release, duly executed by the Developer.
10.2.2 An affidavit listing the name, address and telephone number of the
Contractor and of all subcontractors who have performed Work on the Project, with such
subcontractors identified as to the trade involved for the Work, along with amounts paid to said
Contractor and subcontractors in connection with the Project;
10.2.3 Final waiver and release, duly executed by the Contractor;
10.2.4 One (1) original set and one (1) copy set of the As-Built Drawings;
10.2.5 Copies of pertinent test results, Assignment of all manufacturer's
warranties, guarantees, City's manuals to the City, bound in a form acceptable to the City; and
10.2.6 Unconditional consent of Contractor's and Developer's surety to final
payment.
10.3 If, after the Work has been Substantially Completed, full completion thereof is
materially delayed through no fault of Developer, and Consultant and Contract Administrator so
certify, City shall, and without terminating this Agreement, make payment of the balance due for
that portion of the Work fully completed and accepted. Such payrnent shall be made under the
terms and conditions governing final payment, except that it shall not constitute a waiver of
claims.
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10.4 Developer's acceptance of final payment by the City shall constitute a waiver of
all claims by Developer against the City under this Agreement, except those previously made in
strict accordance with the provisions of the Contract Documents and identified by Developer as
unsettled at the time of acceptance of final payment.
10.5 Developer's final application for payment and the Consultant's final certificate for
payment shall constitute a representation to the City by the Developer and the Consultant,
respectively, that all conditions precedent to Developer's entitlement to final payment have been
excused, waived or satisfied.
10.6 The making of final payment shall not constitute a waiver of claims by the City as
against Contractor and Consultant for: (a) faulty or defective Work, (b) failure of the Work to be
in strict accordance with the requirements of the Contract Documents, and (c) terms of all
warranties required by the Contract Documents.
ARTICLE 11
RESOLUTION OF DISPUTES
I 1.1 To attempt to prevent all disputes and litigation, it is agreed by the parties hereto
that Consultant shall first decide all questions, claims, difficulties and disputes of whatever
nature which may arise relative to the Contract Documents and fulfillment of this Agreement as
to the character, quality, amount and value of any Work done and materials fumished, or
proposed to be done or furnished under or, by reason of, the Contract Documents, and
Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be
conclusive subject to Developer or the City's objection to the extent provided in Section 11.2.
Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City
and Developer shall be submitted to Consultant in writing within ten (10) days of the discovery
of the occulrence. Unless a different period of time is set forth herein, Consultant shall notifi,
Developer and the City in writing of the decision within ten (10) days from the date of the
submission of the claim, question, difficulty or dispute, unless Consultant requires additional
time to gather information or allow the parties to provide additional information. Any request for
additional time shall extend the time of substantial completion as between City and Developer
for an equal period of time. All nontechnical administrative disputes shall be reasonably
determined by the Contract Administrator pursuant to the time periods provided herein. During
the pendency of any dispute and after a determination thereof, Developer and City shall act in
good faith to mitigate any potential damages including utilization of construction schedule
changes and alternate means of construction.
ll.2 In the event the determination of a dispute under this Article is unacceptable to
either party hereto, the party objecting to the determination must notiff the other party in writing
within twenty-one (21) days of receipt of the written determination. The notice must state the
basis of the objection and must be accompanied by a statement that any Contract Documents
price adjustment claimed is the entire adjustment to which the objecting party has reason to
believe it is entitled to as a result of the determination, if such amount is reasonably calculable at
such time. Within sixty (60) days after receipt of written determination as provided in this
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section, the parties may participate in mediation to address all objections to any determinations
hereunder and to attempt to avoid litigation. The mediator shall be mutually agreed upon by the
parties. The mediation shall be non-binding.
I 1.3 Pending final resolution of a claim, including mediation, unless otherwise agreed
in writing, Developer and Contractor shall proceed diligently with performance of the Contract
Documents and the City shall continue to make payments in accordance with the Contract
Documents, subject to the terms of Article 9 in this Agreement. In no event shall Developer be
required to make any payments for the Work other than the payments provided under Sections
8.4 and 52.1 in the Agreement and any other payments set forth in this Agreement that are
expressly provided to be part of the Cost of the Work.
ll.4 Any mediator used shall be certified in accordance with Florida law. Mediation
will be conducted in Miami-Dade County.
1 1.5 The City and Developer shall not be required to submit to arbitration any claim or
dispute arising out of, or in connection with, this Agreement unless the City and Developer
hereafter agree in writing to arbitrate that particular dispute. During the pendency of any
dispute, by mediation, litigation or arbitration (if mutually agreed), provided the City has paid all
monies due on non-disputed items, under the pay applications, Developer and Contractor shall
calry on the Work and maintain the Construction Schedule, without prejudice to any of their
rights, notwithstanding the pendency of any such dispute resolution proceeding, unless otherwise
agreed by the City and Contractor in writing.
I 1.6 In connection with any dispute or litigation arising out of this Agreement, the
prevailing party shall be entitled to recover all of its reasonable attorneys' fees and costs incurred,
including all reasonable attorneys' fees and costs for litigation in any bankruptcy proceedings and
at all trial and appellate levels.
I1.7 The Agreement shall be governed and construed in accordance with the laws of
the State of Florida. The Developer and City submit to the jurisdiction and venue of the State
and Federal Courts in and for Miami-Dade County, Florida and such courts shall have the
authority upon proper proof to award compensatory and/or consequential damages, as may be
appropriate.
ARTICLE 12
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ARTICLE 13
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ARTICLE 14
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ARTICLE 15
SECURITY
Developer shall cause Contractor to protect the
equipment from theft and vandalism, and to protect the
persons.
Work, stored products and construction
Project Site from entry by unauthorized
ARTICLE 16
INSPECTION OF PROJECT
16.1 The Contract Administrator or designee shall at all times have access to the
Project, and Developer shall provide proper facilities for such access, and such access shall be in
accordance with the visitor's rules.
16.1.1 Should the Contract Documents, instructions, any laws, ordinances, or
any public authority require any Work for the Project to be specially tested or approved,
Developer shall give to the Contract Administrator timely notice of readiness of the Work for
inspection. If the testing or approval is to be made by an authority other than City, timely notice
shall be given of the date fixed for such testing. Inspections shall be made promptly, and, where
practicable, at the source of supply. Within a reasonable time from execution of this Agreement,
City shall provide a letter listing the areas of Work the City will inspect. If defined Work for the
Project should be covered up without required inspection/approval, it must, if required by the
Contract Administrator, be uncovered for examination and properly restored at Developer's
expense.
1,6.1.2 Reexamination and retesting of any Work for the Project may be
reasonably ordered by the Contract Administrator; and if so ordered, Developer shall cause such
Work to be uncovered by Contractor. If such Work is found to be in accordance with the
Contract Documents, the City shall pay the cost of reexamination, retesting and replacement. If
such Work is not in accordance with the Contract Documents, Developer shall cause Contractor
to pay such cost.
16.2 The payment of any compensation, regardless of its character or form, or the
giving of any gratuity or the granting of any valuable favor by Developer to any inspector other
than its consultant, is forbidden, and any such act on the part of Developer will constitute a
breach of this Agreement.
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ARTICLE 17
SUPERINTENDENCE AND SUPERVISION
17.I The orders of the City are to be given through the Contract Administrator, whose
instructions are to be strictly and promptly followed in every case, provided that they are in
accordance with this Agreement. Developer shall cause Contractor to keep on the Project during
its progress a competent supervisor, and any necessary assistants.
17.2 Developer shall prepare, or cause its Contractor or other designated Contract
Administrator or Contract Administrator representative to prepare, on a daily basis, and keep on
the Project site, a bound log setting forth at a minimum, for each day: the weather conditions and
how any weather conditions affected progress of the Work, Work performed, equipment utilized
for the Work, any idle equipment and reasons for idleness, visitors to the Project site, labor
utilized for the Work, and any materials delivered to the Project Site. The daily bound log shall
be available for inspection by the Contract Administrator or designee at all times during the
Project.
17.3 If Contractor or Consultant, in the course of the Project, finds any discrepancy
between the Contract Documents and the physical conditions of the site, or any erors or
omissions in the Contract Documents including the Plans and Specifications and notifies
Developer of such discrepancy, it shall be a Developer duty to immediately inform the Contract
Administrator, in writing; and Contract Administrator will promptly verify the same.
17.4 Developer shall coordinate, supervise and direct the Project competently and
efficiently, devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Project in accordance with the Contract Documents. Developer shall
cause Contractor to be responsible for the means, methods, techniques, safety, sequences and
procedures of construction. Developer shall cause Contractor to give efficient supervision to the
Work, using Developer's and Contractor's best skill, attention, and judgment.
ARTICLE 18
CITY'S RIGHT TO TERMINATE AGREEMENT
18.1 If Developer (a) fails to cause Contractor to begin the construction of the Project
within the time specified, or (b) fails to cause Contractor to perform the Project with sufficient
workers and equipment or with sufficient materials to insure the prompt completion of the
Project, in accordance with the Contract Documents and schedules, within the Contract Time, or
(c) fails to cause Contractor to perform the Work suitably and without defects, or (d)
discontinues the prosecution of the Project, except for excused delays in accordance with this
Agreement, or (e) becomes insolvent or be declared bankrupt, or commits any act of bankruptcy
or insolvency, or (f; makes an assignment for the benefit of creditors, or (g) shall not carry on the
Project in accordance with the Contract Documents, the City shall give notice in writing to
Developer and the surety of such delay, neglect or default, specifying the same. If Developer,
within a period of ten (10) days after such notice, shall not proceed to commence to rectify such
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complaint in accordance therewith and thereafter diligently pursue the resolution of such
complaint, then the City may, upon written certificate from the Contract Administrator of the fact
of such delay, neglect or default and Developer's failure to comply with such notice: (i)
terminate the services of Developer under this Agreement, exclude Developer and Contractor
from site and take the prosecution of the Project out of the hands of Developer and Contractor, as
appropriate. In such case, Developer shall not be entitled to receive any further payment until
the Project is finished. In addition, the City may (ii) enter into an agreement for the completion
of the Project according to the terms and provisions of the Contract Documents or use such other
methods as in its opinion shall be required for the completion of the Project in an acceptable
manner. Developer hereby collaterally assigns its rights under the Contract Documents to the
City so that upon termination of this Agreement by the City in accordance with the terms of this
paragraph, the assignment of the Contract Documents shall automatically become effective.
Notwithstanding the assignment of the Contract Documents automatically becoming effective,
Developer agrees, upon request of the City, to execute such documentation as may be reasonably
necessary in order to effectuate such assignment; and/or (iii) sue Developer for the damages,
costs and charges incurred by the City which shall be deducted from any monies due or which
may become due to said Developer Actions will be instituted to recover on the posted bonds.
18.2 Upon receipt of a notice of termination pursuant to Sections 18.1 above,
Developer shall promptly discontinue all affected Work unless the notice of termination directs
otherwise and deliver to the City within seven (7) days of termination all data, drawings,
specifications, reports, estimates, summaries and such other information as may have been
required by the Contract Documents whether completed or in process. Compensation shall be
withheld until all documents are provided to the City pursuant to this Article.
ARTICLE 19
DEVELOPERIS RIGHT TO STOP WORK OR TERMINATE CONTRACT
Should Contract Administrator fail to review and approve or state in writing reasons for
non-approval of any application for payment within ten (10) days after it is presented, or if the
City fails either to pay Developer within thirty (30) days after presentation of such application
for payment to Contract Administrator, or to notify Developer in writing of any objection to the
application for payment, then Developer may, give written notice to the City, through Contract
Administrator, of such delay, neglect or default, specifzing the same. If City or Contract
Administrator (where applicable), within a period of seven (7) days after such notice shall not
remedy the delay, neglect, or default upon which the notice is based, then Developer may stop
Work or terminate this Agreement and recover from the City payment for all Work executed and
reasonable expenses sustained therein.
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ARTICLE 20
,'oR EQUAL" CLAUSE
20.1 Whenever a material, article or piece of equipment is identified in the Contract
Documents including drawings (plans) and specifications by reference to manufacturers' or
vendors' names, trade names, catalog numbers, or otherwise, it is intended merely to establish a
standard, and, unless it is followed by words indicating that "no substitution is permitted," any
material, article, or equipment of other manufacturers and vendors which will perform or serve
the requirements of the general design will be considered equally acceptable provided the
material, article or equipment so proposed is, in the opinion of the Consultant and Contract
Administrator:
20.1.1 At least equal in quality, durability, appearance, strength and design;
20.I.2 Performs at least equally the function imposed in the general design for
the Project;
20.1.3 Conforms substantially, even with deviations, to the detailed
requirements for the items as indicated by the Contract Documents; and
20.1.4 Carries the same guaranty or warranty of the specified equipment.
All substitution requests will be made via written request which shall be attached to a
Shop Drawing and/or Change Order which shall be attached to a detailed description of the
specified item and a detailed description of the proposed substitution. A comparison letter
itemizing all deviations from specified items must be included for the Consultant and Contract
Administrator to properly evaluate substitution. Failure to provide the deviation comparison
sheet shall automatically deny the request.
Any changes, inclusive of design changes, made necessary to accommodate substituted
equipment under this paragraph shall be at the expense of Developer, Contractor or subcontractor
responsible for the Work item.
20.2 Contract Administrator's prior written consent will be required as to acceptability,
and no substitute will be ordered, installed or utilized without Consultant and Contract
Administrator's prior written acceptance which will be evidenced by either a Change Order or an
accepted Shop Drawing. City may require Developer to cause Contractor to furnish at
Contractoros expense a special performance guarantee or other surety with respect to any
substitute.
ARTICLE 21
PLANS AND SPECIFICATIONS
All plans, general and detail, are to be deemed a
Specifications are to be considered together,
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of this Agreement, and the Plans
are intended to be mutually
part
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754
complementary, so that any Work shown on the Plans, though not specified in the Specifications,
and any Work specified in the Specifications though not shown on the Plans, is to be executed by
Developer as part of this Agreement. Figured dimensions are to prevail over scale. All things
which in the opinion of the Contract Administrator may reasonably be inferred from this
Agreement and Plans as developed by Consultant and mutually agreed upon and approved by
Developer and City for the Project, are to be executed by Developer under the terms of the
Agreement; and the Consultant shall determine whether the detailed Plans conform to the
Contract Documents, except as may be otherwise determined by the Contract Administrator. In
the event the Work requested under this Section expands the scope of the Project, Developer may
seek a Change Order pursuant to Article 38.
ARTICLE 22
CONTRACTOR TO CHECK DRAWINGS AND DATA
Developer shall cause Contractor to take measurements and verify all dimensions,
conditions, quantities and details shown on the drawings, schedules, or other data. Failure to
discover or correct errors, conflicts or discrepancies shall not relieve Contractor of full
responsibility for unsatisfactory Work, faulty construction, or improper operation resulting
therefrom nor from rectiffing such condition at Contractor's own expense. Contractor will not be
allowed to take advantage of any error or omissions.
ARTICLE 23
DIFFERING SITE CONDITIONS
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project Site which differ materially from those shown on the
Contract Documents and from those ordinarily encountered and generally recognized as inherent
in Work of the character called for in the Contract Documents, or unknown physical conditions
of the Project Site, of an unusual nature, which differ materially from that ordinarily encountered
and generally recognized as inherent in Work of the character called for in the Contract
Documents and Contractor notifies Developer of such conditions, Developer shall notify or
cause Contractor, without disturbing the conditions and before performing any Work affected by
such conditions, to, within twenty-four Q$ hours of their discovery, notify Contract
Administrator and Consultant in writing of the existence of the aforesaid conditions. Consultant
and Contract Administrator shall, within two (2) business days after receipt of Contractor's
andlor Developer's written notice, investigate the site conditions so identified. If, in the opinion
of Consultant and Contract Administrator, the conditions do materially so differ and cause an
increase or decrease in Developer's cost of, or the time required for, the performance of any part
of the Work, whether or not charged as a result of the conditions, Consultant and Contract
Administrator shall recommend an equitable adjustment to the Contract Sum, or the Contract
Time, or both. If City and Developer cannot agree on an adjustment in the Contract Sum or
Contract Time, the adjustment shall be referred for determination in accordance with the
provisions of Article lt. Should Consultant and Contract Administrator determine that the
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conditions of the Project Site are not so materially different to justify a change in the terms of the
Contract Documents, Consultant shall so notify City and Developer in writing, stating the
reasons, and such determination shall be final and binding upon the parties hereto.
No request by Developer for an equitable adjustment to the Contract Sum and/or Contract
Time under this provision shall be allowed unless Developer has given written notice. No
request for an equitable adjustment or change to the Contract Sum or Contract Time for differing
site conditions shall be allowed if made after the date certified by Consultant as the date of
Substantial Completion.
ARTICLE 24
WARRANTY
Developer shall require that Contractor warrant to the City in the Contract Documents
that all materials and equipment fumished for the Project will be new unless otherwise specified
and that all Work for the Project will be of good quality, free from faults and defects and in
conformance with the Contract Documents. The standard of quality shall be at least that
employed by similarly qualified Contractor's that are duly qualified and licensed to perform
similar projects. If materials or equipment is improperly stored and becomes altered as a result of
such improper storage, Developer shall cause Contractor to replace said materials with new
materials at no additional cost. Developer shall cause Contractor to be responsible for proper
storage and safeguarding of all materials. If required by the Contract Administrator, Developer
shall cause Contractor to furnish satisfactory evidence as to the kind and quality of materials and
equipment. The warranty requirements set forth in the Contract Documents as herein defined
shall govem warranty terms and conditions for all warranty items expressed or implied. The
Contractor's warranty period under this Article shall be one (1) year from the date of Substantial
Completion of each portion of the Project. However, this Section shall not abridge the times or
impede the rights and remedies afforded the City against other entities or persons under this
Agreement, or by law.
ARTICLE 25
SUPPLEMENTARY DRAWINGS
25.1 When, in the opinion of Consultant, it becomes necessary to explain more fully
the Work to be done, or to illustrate the Project further to show any changes which may be
required, supplementary drawings, with specifications pertaining thereto, will be prepared by the
Consultant.
25.2 The supplementary drawings shall be binding upon Developer with the same
force as the Contract Documents. Where such supplementary drawings require either less or
more than the estimated quantities of Work, appropriate adjustments shall be made pursuant to
an approved Change Order in accordance with Article 8 herein.
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ARTICLE 26
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ARTICLE 27
GENERAL WORKMANSHIP
27.1 Articles, materials, and equipment specified or shown on drawings shall be new
and shall be applied, installed, connected, erected, used, cleaned, and conditioned for proper
forming, as per the manufacturer's directions. Contractor shall, if required, furnish satisfactory
evidence as to kind and quality of the materials. Should materials arrive to the jobsite new and be
improperly stored and deteriorate from new condition, the materials shall be replaced at no
additional cost to City.
27.2 Developer shall cause Contractor to apply, install, connect, and erect
manufactured items or materials according to recommendations of manufacturer when such
recommendations are not in conflict with the Contract Documents. If there is conflict between
manufacturer recommendations and the Contract Documents, Consultant and Contract
Administrator shall be notified and participate in the corrective actions.
ARTICLE 28
DEFECTIVE WORK
28.1 Consultant and/or Contract Administrator shall have the authority to reject or
disapprove Work for the Project which Consultant andlor Contract Administrator reasonably
finds to be defective. If required by Consultant and/or Contract Administrator, Developer shall
cause Contractor to promptly either, as directed, correct all Defective Work or remove it from
the Project site and replace it with non-Defective Work. In the event it is determined that City
was corect in its order, Developer and/or Contractor shall bear all costs of such removal or
correction.
28.2 If, within one (1) year after Substantial Completion, any Work is found to be
defective or not in accordance with the Contract Documents, Contractor shall correct it promptly
in accordance with the its warranties and without cost to City after receipt of written notice from
City to do so, unless City has given Contractor a written acceptance of such conditions. Nothing
contained herein shall be construed to establish a period of limitation with respect to any other
obligation which Contractor might have under the applicable State law.
283 Prior to Substantial Completion, should Developer fail to cause Contractor to
remove or correct any Defective Work performed for the Project or to make any necessary
repairs in an acceptable manner and in accordance with the requirements of this Agreement
within a reasonable time, indicated in writing, City shall have the authority to cause the
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unacceptable or Defective Work to be removed or corrected, or make such repairs as may be
reasonably necessary to be made at Developer's or Contractor's expense. Continued failure or
refusal on the part of Developer to cause Contractor to make any or all necessary repairs
promptly, fully, and in acceptable manner shall be sufficient cause for City to declare this
Agreement forfeited, in which case City, at its option, may purchase materials, tools, and
equipment and employ labor or may contract with any other individual, firm or corporation, or
may proceed with its own forces to perform the Work. All costs and expenses reasonably
incurred thereby shall be charged against Developer or Contractor.
28.4 Failure to reject any Defective Work or material shall not in any way prevent later
rejection when such defect is discovered or obligate City to final acceptance.
28.5 Upon Final Completion, City agrees to look solely to the Contractor, Consultant
or both, but not the Developer, to perform any and all to repair or correct any and all Work
considered or determined by the City to be non-conforming or defective or otherwise in breach
of any warranty.
28.6 Upon Final Completion, the City shall become solely responsible and liable for
the operation, security, maintenance, heat, utilities, damage to the Work, and insurance. The
failure to include any items of corrective Work on such list does not alter the responsibility of
Contractor to complete all of the Work in accordance with the Contract Documents. Warranties
from Contractor required by the Contract Documents shall commence on the date of Final
Completion of the Work or designated portion thereof unless otherwise provided in the
Certifi cate of Completion.
ARTICLE 29
SUBCONTRACTS
29.1 Until Final Completion, Developer shall be fully responsible for the performance
of its agents and employees, and Contractor and Consultant under the terms of this Agreement.
Until Final Completion, nothing in the Contract Documents shall create any contractual
relationship between any subcontractor and City or any obligation on the part of City to pay or to
see the pa5rment of any monies due any subcontractor. City or Developer may fumish to any
Contractor, subcontractor, or subconsultant evidence of amounts paid to Developer on account of
specifi c Work performed.
29.2 Developer agrees to bind specifically Contractor and require that Contractor bind
every subcontractor and subconsultant to the applicable terms and conditions of the Contract
Documents for the benefit of City.
29.3 Upon the occurrence of Final Completion and thereafter, as a third-party
beneficiary of the Contract Documents and all warranties thereunder, City shall be deemed to be
in a direct contractual relationship with the Contractor such that the Contractor shall be liable to
the City to the same extent that Contractor is liable and responsible to the Developer for the acts
and omissions of itself and all of its subcontractors, sub-subcontractors, materialman and
laborers employed by the Contractor.
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ARTICLE 30
ENVIRONMENTAL MATTERS
The City is responsible as a Cost of the Work pursuant to an approved Change Order for
any required environmental remediation within the Project Site. Developer shall be responsible
as a Cost of the Work for conducting environmental due diligence prior to construction to assess
the environmental site conditions and subsequent remediation needs, if applicable.
Notwithstanding the foregoing, if the cost of such remediation is, in the sole and reasonable
business judgment of the City, economically unfeasible, then the City shall have the right to
terminate this Agreement upon written notice to Developer, in which case both parties shall be
released from any further liability under this Agreement.
ARTICLE 31
USE OF COMPLETED PORTIONS
31.1 City shall have the right at its sole option to take possession of and use any
completed or partially completed portions of the Project. Such possession and use shall not be
deemed an acceptance of any of the Work not completed in accordance with the Contract
Documents. If such possession and use increases the cost of or delays the Work, Developer shall
be entitled to reasonable extra compensation, or reasonable extension of time or both, as
recommended by Consultant and approved by City, as a Change Order in accordance with
Article 8 herein.
3I.2 In the event City takes possession of any completed or partially completed
portions of the Project, the following shall occur:
31.2.1 City shall give notice to Developer in writing at least thirty (30) days
prior to City's intended occupancy of a designated area.
31.2.2 Developer shall complete to the point of Substantial Completion the
designated area and request inspection and issuance of a Certificate of Substantial Completion
from Consultant.
31.2.3 Upon Consultant's issuance of a Certificate of Substantial Completion,
City will assume fulI responsibility for maintenance, utilities, subsequent damages of City and
public, adjustment of insurance coverage's and start of warranty for the occupied area.
31.2.4 Developer shall complete all items noted on the Certificate of
Substantial Completion within the time specified by Consultant on the Certificate of Substantial
Completion, as soon as possible and request final inspection and final acceptance of the portion
of the Work occupied. Upon completion of final inspection and receipt of an application for
final payment, Consultant shall issue a final certificate of payrnent relative to the occupied area.
31.2.5 If City finds it necessary to occupy or use a portion or portions of the
Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior
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to a time mutually agreed upon by City and Developer and to which the insurance company or
companies providing the property insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or
lapsed on account of such partial occupancy or use. Consent of Developer and of the insurance
company or companies to such occupancy or use shall not be unreasonably withheld.
ARTICLE 32
CONSTRUCTION AREA
32.1 Developer and Contractor shall use areas approved by the Contract Administrator
for deliveries and personnel.
32.2 To provide for maximum safety and security, Contractor shall erect and maintain
all necessary barricades, and any other temporary walls and structures as required, and boarding
or fencing to protect life and property during the period of construction.
32.3 Construction staging for the Project will be confined to the Project Site, thereby
not impacting adjacent commercial areas. Developer shall develop a plan for construction
staging in order for access to the adjacent commercial areas to be continually maintained with
only minimal disruptions. Such plan shall be subject to City's prior approval which shall not be
unreasonably withheld, conditioned or delayed.
ARTICLE 33
LANDS FOR WORK
City shall provide as indicated in the Contract Documents, the lands upon which the
Project is to be performed, rights-of-way and easements for access thereto and such other lands
as are designated for the use of Developer. No claim for damages or other claim other than for an
increase in the Contract Sum or Contract Time shall be made or asserted against City by reason
of any delay arising as a result of any failure of City to provide such lands on the date needed by
Developer. The provisions of Article 41 shall apply herein.
ARTICLE 34
LEGAL RESTRICTIONS
Developer shall conform to all applicable laws, regulations, or ordinances with regard to
labor employed, hours of Work and Developer's general operations.
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ARTICLE 35
DAMAGE TO EXISTING FACILITIES, EQUIPMENT OR UTILITIES
35.1 The City shall provide Developer with the documents, including, without
limitation, a sonar study of all existing underground facilities, equipment and utilities within the
Project Site, identified on the attached Exhibit "G" (collectively, the "Documents") within ten
(10) days after the date of this Agreement.
35.2 The City shall, prior to commencement of the Work, identifu to Developer any
and all existing utilities and other underground facilities, equipment, or utilities at City's sole cost
and expense. The City, as part of the Contract Sum, will be solely responsible for relocating any
underground utilities now existing on the Project Site. Developer and Contractor shall be
responsible to preserve all existing utilities identified in the Documents. If a utility conflict is
encountered which was not identified in the Documents, Consultant or Developer shall be
responsible for giving sufficient notice to the owners of the utilities so that the City may make
the necessary adjustments. Any time delay or cost incurred will be the responsibility of the City
and shall increase the Contract Time and Contract Sum through an approved Change Order.
City, as a Cost of the Work through a Change Order, shall relocate any underground utilities
existing as of the date of this Agreement on the Project Site, if necessary, that were not identified
by City to Developer in the Documents.
35.3 Developer shall cause Contractor to exercise care and take all precautions during
excavation and construction operations to prevent damage to any existing facilities, equipment,
or utilities. Any damage caused by Contractor shall be reported immediately to the Contract
Administrator and such Work shall be repaired and/or replaced by Contractor in a manner
approved by City. In the event Contractor damages underground facilities, equipment, or
utilities that were identified by City in the Documents, then all costs to repair andlor replace any
damage to existing facilities, equipment, or utilities, shall be the sole responsibility of
Contractor, and such repair or replacement shall be performed expeditiously without cost to City.
In the event Contractor damages underground facilities, equipment, or utilities that were not
identified by City in the Documents, then all costs to repair and/or replace any damage to
existing facilities, equipment, or utilities, shall be the sole responsibility of City, and such repair
or replacement shall be performed expeditiously at the expense of the City as a Cost of the Work
through a Change Order.
35.4 Developer shall cause Contractor to provide that type of required protection for
finished Work at all times and protect adjacent Work during cleaning operations, and make good
any damage resulting from neglect of this precaution.
35.5 Protection of Work shall include protecting of Work that is factory finished,
during transportation, storage, during and after installation. Where applicable and as required,
Developer shall cause Contractor to close off spaces of areas where certain Work has been
completed to protect it from any damages caused by others during their operations.
35.6 To all applicable sections where preparatory Work is part of Work thereon,
Developer shall cause Contractor to carefully examine surfaces over which finished Work is to
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be installed, laid or applied, before commencing with the Work. Developer shall not allow
Contractor to proceed with said Work until defective surfaces on which Work is to be applied are
corrected satisfactorily to the Contract Administrator. Commencement of Work shall be
considered acceptance of surfaces and conditions.
ARTICLE 36
CONTINUING THE WORI(
Provided City is current in its payments under this Agreement, Developer and Contractor
shall carry on the Work and adhere to the Construction Schedule during all disputes or
disagreements with City, including disputes or disagreements conceming a request for a Change
Order, a request for a change in the Contract Sum or Contract Time. Provided City is current in
its payments under this Agreement, the Work shall not be delayed or postponed pending
resolution of any disputes or disagreements.
ARTICLE 37
FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
37.1 The Contract Administrator shall have the right to approve and issue Field Orders
(subject to Developer's approval) setting forth written interpretations of the intent of the Contract
Documents and ordering minor changes in Contract Documents execution, providing the Field
Order involves no change in the Contract Sum or the Contract Time.
37.2 The Contract Administrator shall have the right to approve and issue to Developer
reasonable supplemental instructions to Developer setting forth written orders, instructions, or
interpretations concerning the Agreement or its performance, provided they make no material
changes in Contract Documents execution and involve no change in the Contract Sum or the
Contract Time.
ARTICLE 38
CHANGE ORDERS (CHANGES IN QUANTITIES OF WORI()
38.1 Changes in the quantity or character of Work within the scope of this Project
which are not properly the subject of Field Orders or supplemental instructions, to include all
changes resulting in changes in the Contract Sum or the Contract Time, shall be authorized only
by Change Orders approved by the Contract Administrator and Developer.
38.2 Developer shall not start Work on any alteration requiring an increase in price or
extension of time for completion until a Change Order setting forth the adjustments is approved
in writing by the Contract Administrator and Developer, except for the provisions of Section
38.3, which governs disputed Change Order items.
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38.3 In the event satisfactory adjustment cannot be reached for any item requiring a
Change Order, the City reseryes the right, at its own option, to either terminate the Agreement as
it applies solely to the items in question and make such arrangements as may be deemed
necessary to complete the item in question. Provided, however, if the arrangements made by the
City to complete the item in question would delay Final Completion of the Work or result in
additional expense to Developer, then the City shall either (1) issue a Change Order for such
additional cost or time extension or (2) postpone the City's proposed work until after Final
Completion of the Work or (3) submit the matter in dispute for resolution as set forth in Article
11 herein. During the pendency of the dispute resolution, Developer shall proceed with the Work
set forth within the Change Order on a time and materials basis, which Developer shall
adequately document pending final resolution of such dispute(s).
38.4 On approval of any Change Order increasing the price, Developer shall direct
Contractor to ensure that the applicable Performance and Payment Bonds, to the extent
applicable under the provisions of Article 51 hereof, are each increased so that it reflects the total
amount of the Project as increased.
38.5 Proposed Change Orders shall be prepared by the Contractor and submitted by
Developer to Contract Administrator for approval.
ARTICLE 39
VALUE OF CHANGE ORDER WORK
In the event the City initiates a Change Order for Work to be performed or eliminated
from the Contract Documents by Developer, Developer shall use its best efforts to negotiate with
the Contractor for the most cost effective pricing with respect to a determination of the change in
the Contract Sum, if any, or the amount of the time extension or reduction, if any, necessitated
by the Change Order. The cost quoted by the Contractor for Change Orders shall be within
standard industry rates and shall be submitted with a breakdown of labor, material, overhead and
profit subtotal amounts.
ARTICLE 40
CHANGE OF CONTRACT TIME OR CONTRACT SUM
40.1 The Contract Time set forth in Article 6 or the Contract Sum may only be
changed by a Change Order. Any claim for an extension of the Contract Time or for an increase
in the Contract Sum shall be based on written notice delivered by the party making the claim to
the Contract Administrator promptly (but in no event later than forty-five (a5) days) after the
occulrence of the event giving rise to the claim and stating the general nature of the claim.
Notice of the extent of the claim with supporting data shall be delivered within such forty-five
(afi day period (unless Contract Administrator allows, in writing, an additional period of time to
ascertain more accurate data in support of the claim). All claims for adjustment in the Contract
Time or for an increase in the Contract Sum shall be decided by the Contract Administrator
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pursuant to the terms of Article I I in this Agreement. No claim for an adjustment in the
Contract Time or for an increase in the Contract Sum will be valid if not submitted in strict
accordance with the requirements of this Article.
40.2 The Contract Time will be extended in an amount equal to time lost due to days
beyond the control of and through no fault or negligence of Developer if a claim is made
therefore as provided herein. Such delays shall include, but not be limited to, acts or neglect by
City, or by any employee of City, or any separate Contractor or consultant employed by City,
fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God.
ARTICLE 41
NO DAMAGES FOR DELAY
NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN
EXTENSION OF CONTRACT TIME OR AN INCREASE IN THE CONTRACT SUM SHALL
BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS.
DEVELOPER SHALL NOT BE ENTITLED TO PAYMENT OF COMPENSATION OF ANY
KIND FROM THE CITY FOR DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER
COSTS, EXPENSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, COSTS OF
ACCELERATION OR INEFFICIENCY, RESULTING FROM ANY DELAYS, EXCEPT IN
THE EVENT THAT SUCH DELAYS ARE DUE TO FRAUD, BAD FAITH, ACTIVE
INTERFERENCE OR THE FAILURE TO TIMELY ACT BY THE CITY. OTHERWISE,
DEVELOPER SHALL BE ENTITLED ONLY TO EXTENSIONS OF THE CONTRACT TIME
OR AN INCREASE IN THE CONTRACT SUM AS ITS SOLE AND EXCLUSNE REMEDY
FOR SUCH DELAYS. DEVELOPER SHALL SPECIFICALLY INCLUDE THIS
PROVISION IN ITS AGREEMENT WITH CONTRACTOR.
ARTICLE 42
SUBSTANTIAL COMPLETION
When Developer considers that the Work, or a portion thereof designated by the City,
pursuant to Article 31 hereot has reached Substantial Completion, Developer shall so notify
Contract Administrator and Consultant in writing. Contract Administrator and Consultant shall
then promptly inspect the Work. When Contract Administrator and Consultant, on the basis of
such an inspection, determine that the Work or designated portion thereof is Substantially
Complete, Consultant will then prepare a Certificate of Substantial Completion which shall
establish the Date of Substantial Completion and shall list all Work yet to be completed to satisfy
the requirements of the Contract Documents for Final Completion. The Certificate of Substantial
Completion shall be subject to Contract Administrator's reasonable approval and shall be
submitted to City through the Contract Administrator and Developer for their written acceptance
of the responsibilities assigned to them in such Certificate.
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ARTICLE 43
SHOP DRAWINGS AND SCHEDULE OF VALUES
43.1 Developer shall submit Shop Drawings from Contractor for all equipment,
apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles.
The purpose of a Shop Drawing is to show the suitability, efficiency, technique of manufacture,
installation requirements, details of the item and evidence of its compliance or noncompliance
with the Contract Documents.
43.2 Developer shall promptly request of Contractor Shop Drawings from the various
manufacturers, fabricators, and suppliers.
43.3 To the extent Shop Drawings are required by the Consultant or industry custom
and standards would contemplate the preparation of Shop Drawings for certain items of the
Work, subcontractors and/or materialmen shall be required by contract to submit Shop Drawings.
Consultant shall thoroughly review and check the Shop Drawings and each and every copy shall
show Consultant's approval thereon.
43.4 If the Shop Drawings show or indicate departures from the Contract Documents
requirements, Developer shall cause Contractor to make specific mention thereof in its Shop
Drawing submittal and a separate letter. Failure to point out such departures shall not relieve
Contractor from its responsibility to comply with the Contract Documents. Contract
Administrator shall determine acceptability of change and in considering said change, may
require data, technical comparisons, cost comparisons, quality comparisons andlor calculations
to determine the equality of deviations. Contract Administrator is not obligated to accept
deviations.
43.5 No Work called for by Shop Drawings shall be done until the said Drawings have
been furnished to and accepted by the Contract Administrator or his designee. Contract
Administrator shall respond to Shop Drawings pre-approved by Consultant with objections or
acceptance within ten (10) days of receipt. Acceptance is for design intent only and shall not
relieve Contractor and Consultant from responsibility for fit, form, function, quantity or for
erors or omissions of any sort on the Shop Drawings.
43.6 No acceptance will be given to partial submittal of Shop Drawings for items
which interconnect andlor are interdependent. It is Developer's responsibility to assemble the
Shop Drawings prepared by Contractor for all such interconnecting and/or independent items,
check them and then make one submittal to the Contract Administrator along with Consultant's
comments as to compliance, noncompliance, or features requiring special attention.
43.7 If catalog sheets or prints of manufacturers' standard drawings are submitted as
Shop Drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink. Catalog sheet with multiple options shall be highlighted to depict specific
pertinent data including options.
43.8 Developer shall submit to Contract Administrator six (6) copies. Resubmissions
of Shop Drawings shall be made in the same quantity until final acceptance is obtained.
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43.9 Contract Administrator's acceptance of the Shop Drawings as approved by
Consultant will be for general compliance with the plans and specifications design intent and
shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the
proper fittings and construction of the Work, nor for the furnishing of the materials or Work
required by the Contract Documents and not indicated on the Drawings.
43.10 Developer shall keep one set of Shop Drawings marked with the Contract
Administrator's acceptance at the Project site at all times.
43.1,1 At least thirty (30) days prior to the commencement of construction, the
Developer shall submit a schedule of values to the Contract Administrator. Developer shall
submit to the Contract Administrator a separate schedule of values for demolition, abatement,
and site Work thirty (30) days prior to commencing such portion of the Work. The schedule will
be typed on 8-112" x I 1" white paper listing: Title of project, location, project number, architect,
Contractor, Contract Documents designation, and date of submission. The schedule shall list the
installed value of the component parts of the Work in sufficient detail to serve as a basis for
computing values for progress payments during the construction. The table of contents of the
specifications shall establish the format for listing the component items. Each line item will be
identified by the number and title of the respective major section of the specifications. For each
line item, Developer shall list the sub-values of major products or operations under the item. For
any items for which progress payments will be requested for stored materials, the value will be
broken down with:
43.11.1 The cost of materials delivered, unloaded, properly stored and
safeguarded, with taxes paid; and
43.11.2 The total installed value.
ARTICLE 44
FIELD ENGINEERING
44.1 The Developer shall provide as a Cost of the Work, the engagement of
Consultants for field engineering services required for the Project. This field engineering
services shall include the following elements:
44.1.1 Survey Work required in execution of the Project.
44.L.2 Civil, structural or other professional engineering services specified, or
required to execute the Contractor's construction methods.
44.2 The survey completed by the survey Consultant will identify the qualified
engineer or registered land surveyor, acceptable to the City, and it shall be retained by the
Developer at the outset of this Project.
44.3 The survey will locate and protect control points prior to starting site Work, and
will preserve all permanent reference points during construction.
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44.3.1 No changes or relocations will be made without prior written notice to
the Contract Administrator.
44.3.2 A report shall be made to the Contract Administrator when any
reference point is lost or destroyed, or requires relocation because ofnecessary changes in grades
or locations.
44.3.3 The surveyor shall be required to replace Project control points which
may be lost or destroyed. The surveyor shall be duly registered as a surveyor or mapper, as
required by state law.
44.3.4 Replacements shall be established based upon original survey control.
ARTICLE 45
FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
45.1 The entire responsibility for establishing and maintaining a line and grade in the
field lies with Contractor. Contractor shall maintain an accurate and precise record of the
location and elevation of all pipe lines, conduits, structures, underground utility access portals,
handholds, fittings and the like and shall deliver these records in good order to the Contract
Administrator as the Work is completed. These records shall serve as a basis for "record"
drawings. The cost of all such field layout and recording Work is included in the prices bid for
the appropriate items.
45.2 Contractor shall maintain in a safe place at the site one record copy of all
Drawings (Plans), Specifications, Addenda, written amendments, Change Orders and written
interpretations and clarifications in good order and annotated to show all changes made during
construction. These record documents together with all approved samples and a counterpart of all
approved Shop Drawings will be available to Contract Administrator for reference. Upon
completion of the Project, these record documents, samples and Shop Drawings shall be
delivered to Contract Administrator.
45.3 At the completion of the Project, the Contractor shall turn over to the City a set of
reproducible drawings (Mylars) and a complete set of all drawings in the latest version of the
AutoCAD format on floppy disk not compressed which accurately reflect the "as built"
conditions of the new facility. All changes made to the construction documents, either as
clarifications or as changes, will be reflected in the plans. The changes shall be submitted on
Mylar at least monthly to the Contract Administrator. These "as built" drawings on Mylar and
the latest version of the AutoCAD format media must be delivered and found to be acceptable
prior to final payments.
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ARTICLE 46
SAFETY AND PROTECTION
46.1 Developer shall require Contractor to be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the Project. Developer
shall require Contractor to take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
46.1.I All employees on the Project and other persons who may be affected
thereby;
46.1.2 All the Work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
46.1.3 Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction.
46.2 Developer shall use reasonable efforts to cause Contractor to (a) comply with all
applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction
for the safety of persons or property or to protect them from damage, injury or loss; and (b) erect
and maintain all necessary safeguards for such safety and protection. Developer shall notify
owners of adjacent property and utilities when prosecution of the Work may affect them. All
damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused
directly or indirectly, in whole or in part, by Developer or Contractor, atry subcontractor or
consultant or anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, shall be remedied by the responsible party; however, Developer
and/or Contractor shall not be liable for injury or damage caused by City, its employees,
consultants or its separate Contractors. Developer's and Contractor's duties and responsibilities
for the safety and protection of the Project shall continue until such time as all the Project is
completed and the Contract Administrator has issued a notice to Developer that the Project is
acceptable except as otherwise provided in Article 28.
46.3 Contractor shall designate a responsible member of its organization at the Project
site whose duty shall be the prevention of accidents. This person shall be Contractor's project
representative unless otherwise designated in writing by Developer to City.
ARTICLE 47
PAYMENT OF TESTS BY DEVELOPER
Except when otherwise specified in the Contract Documents or this Agreement, the
expense of all tests and test reports shall be borne by Developer.
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ARTICLE 48
ITHIS ARTICLE LEFT INTENTIONALLY BLANK]
ARTICLE 49
CLEANING UP AND REMOVAL OF EQUIPMENT
49.1 Developer shall cause Contractor at all times keep the Project site free from
accumulation of waste materials or rubbish caused by Contractor's operations. At the completion
of the Project, Developer shall cause Contractor to remove all of its waste materials and rubbish
from and about the Project as well as its tools, construction equipment, machinery and surplus
materials. If Developer fails to cause Contractor to clean up at the completion of the Project,
City may do so; and the reasonable cost thereof shall be charged to Developer or Contractor.
49.2 In case of termination of this Agreement before completion for any cause
whatever, Developer, if notified to do so by City, shall cause Contractor to promptly remove any
part or all of Contractor's equipment and supplies from the property of City, failing which City
shall have the right to remove such equipment and supplies at the expense of Developer or
Contractor.
ARTICLE 50
SIDEWALK CAFE RESTRICTION
As an inducement to enter into this Agreement, City has required, and Developer has accepted,
that the Project Site shall be a "No Table" zone. Accordingly, no sidewalk cafes, as defined in
the City's Sidewalk Caf6 Ordinance (as codified in Sections 82-366-82-387 of the City Code)
will be allowed at the Project Site. This prohibition shall include, without limitation, the use of
nonperrnanent fixtures, furnishings and equipment associated with the operation of a sidewalk
caf6, including without limitation, tables and chairs, which may be shaded by awnings, canopies
or umbrellas; umbrellas; planters; heaters; fans; filling service stations; service carts; bussing
stations; and menus andlor specials boards.
Additionally, Developer acknowledges and agrees that the City's Sidewalk Caf6 Ordinance will
be amended to reflect the prohibition of sidewalk caf6s at the Project Site.
ARTICLE 51
BONDS A}{D INSURANCE
51.1 Developer shall cause Contractor to fumish upon the execution of the
construction contract with Contractor, a performance bond and payment bond of the form and
containing all the provisions set forth in this Section. Payment and performance bonds shall be
in the form of dual obligee bonds from the Contractor in the amount of the Guaranteed
Maximum Price, naming the City and Developer as dual obligees.
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51.2 The bonds shall be in the amount of one hundred percent (100%) of the Cost of
the Work guaranteeing to City the completion and performance of the Project covered in this
Agreement as well as full paynent of all suppliers, material persons, laborers, or subcontractors
employed pursuant to this Project. Such bonds shall be with a surety company which is qualified
pursuant to Section 51.4.
51.3 Such bonds shall continue in effect for one year after completion and acceptance
of the Project with liability equal to one hundred percent (100%) of the Cost of the Work, or an
additional bond shall be conditioned that Developer will, upon notification by City, correct any
defective or faulty Work or materials which appear within one year after completion of the
Work.
51.4 The surety company shall have at least the following minimum ratings in the
latest revision of Best's Insurance Report:
Amount of Bond
500,001 to 1,020,000
1,020,001 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10, 000, 000
10,000,001 to 25,000,000
25,000,001 to 50,000,000
50,000,001 or more
Ratings
B+
B+
A
A
A
A
A
Catesory
Class I
Class II
Class III
Class IV
Class V
Class VI
Class VII
51.5 Indemnification Of City
51.5.1 The construction contract between Developer and Contractor and the
architect's agreement between Developer and Consultant shall provide that Contractor or
Consultant (as applicable) shall indemnifiz and save harmless City, its officers, agents and
employees, from or on account of any injuries or damages, received or sustained by any person
or persons during or on account of any construction activities of Contractor or Consultant (as
applicable), or any of its subcontractors, subconsultants, agents, servants, or employees
connected with the Project; or by or in consequence of any negligence of Contractor or
Consultant (as applicable), or any of its subcontractors, subconsultants, agents, servants, or
employees (excluding negligence of City), in connection with the construction activities of
Contractor or Consultant (as applicable), or any of its subcontractors, subconsultants, agents,
servants, or employees connected with the Project; or by use of any improper materials or by or
on account of any act, error or omission of Contractor or Consultant (as applicable) or any
subcontractor, subconsultants, agents, servants or employees, except to the extent caused by
City. The construction contract between Developer and Contractor and the architect's agreement
between Developer and Consultant shall further provide that Contractor or Consultant (as
applicable) shall indemnifiz and save harmless City (a) against any claims or liability arising
from or based upon the violation of any federal, State, County or City laws, bylaws, ordinances
or regulations by Contractor, its subcontractors, agents, servants or employees (excluding
negligence of City); and (b) from all such claims and fees, and from any and all suits and actions
43
770
of every name and description that may be brought against City on account of any claims, fees,
royalties, or costs for any invention or patent, and from any and all suits and actions that may be
brought against City for the infringement of any and all patents or patent rights claimed by any
person, firm, or corporation.
51.5.2 Developer shall indemnify, save harmless and defend City, its agents,
servants and employees, from and against any claim, demand or cause of action of whatever kind
or nature arising out of any negligent conduct or negligent misconduct of Developer and for
which City, its agents, servants or employees, are alleged to be liable.
51.5.3 The indemnification provided above shall obligate Contractor,
Consultant or Developer (as applicable) to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and
all claims of liability and all suits and actions of every name and description that may be brought
against City which may result from the operations and activities under this Agreement whether
the construction operations be performed by Developer, Contractor, Consultant, its
subcontractors, its subconsultants, or by anyone directly or indirectly employed by any of the
above.
51.6 Insurance. Developer shall as a Cost of the Work provide, or cause to be
provided, and maintain, or cause to be maintained, in force at all times during the Project, such
insurance, including Workers' Compensation lnsurance, Employer's Liability Insurance,
Comprehensive General Liability Insurance, and Professional Liability Insurance, as will assure
to City the protection contained in this Agreement. Such policy or policies shall be issued by
companies approved to do business in the state of Florida, and having agents upon whom service
of process may be made in the state of Florida. Developer shall specifically protect City by
naming City as an additional insured under the Comprehensive General Liability Insurance
Policy hereinaft er described.
51.6.1 Professional Liability Insurance to be carried by Consultant with limits
of liability provided by such policy not less than One Million Dollars ($1,000,000.00) each claim
to assure City the indemnification specified in Section 51.5. Such policy may cany a
commercially reasonable deductible, not to exceed Fifty Thousand Dollars ($50,000.00) for each
claim. The Certificate of Insurance for Professional Liability Insurance shall reference the
applicable deductible and the Project.
51.6.2 Workers' Compensation Insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the state of Florida and all applicable
federal laws. In addition, the policy(ies) must include: Employer's Liability with a limit of
$ 1,000,000.00 each accident.
51.6.3 Comprehensive General Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occuffence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability Policy, without restrictive endorsements,
as filed by the Insurance Services Office and must include:
44
771
(i) Premises andlor Operations;
(ii) Independent Contractors;
(iii) Products and/or Completed Operations;
(iv) The Developer shall cause Contractor to maintain in force
until at least three (3) years after Final Completion of the Project coverage for Products and
Completed Operations, including Broad Form Property Damage;
(v) Explosion, Collapse and Underground Coverages;
(vi) Broad Form Property Damage;
(vii) Broad Form Contractual Coverage applicable to this
specific Agreement, including any hold harmless and/or indemnification agreement;
(viii) Personal Injury Coverage with Employees and Contractual
Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury
Liability and Property Damage Liability; and
(ix) Notice of Cancellation and/or Restriction-The policy(ies)
must be endorsed to provide the City with thirty (30) days notice of cancellation and/or
restriction.
51.6.4 Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occulrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive than the
latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as
filed by the Insurance Services Office and must include:
(i) Owned vehicles; and
(ii) Non-owned and hired vehicles.
51.6.5 Notice of Cancellation, Expiration and/or Restriction: The policy(ies)
must be endorsed to provide the City with thirty (30) days notice of cancellation, expiration
andlor restriction, to the attention of the Risk Manager, 1700 Convention Center Drive, Miami
Beach, Florida 33139.
51.6.6 Developer shall fumish to the Contract Administrator Certificate(s) of
Insurance evidencing the insurance coverages required herein within ten (10) days after
execution of the construction contract. Such certificate(s) shall reference this Agreement. City
reserves the right to require a certified copy of such policies upon request. All certificates shall
state that City shall be given thirty (30) days' prior written notice of cancellation and/or
expiration.
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772
51.6-7 Developer shall provide to City a Certificate of Insurance or a copy of
all insurance policies required under this Article. The City's Risk Manager reserves the right to
require certified copies if requested. Endorsements and certifications shall state City is to be
given thirty (30) days'written notice prior to expiration or cancellation of the policy.
ARTICLE 52
MISCELLANEOUS
52.L Art in Public Places (AIPP). Pursuant to Chapter 82 of the Miami Beach City
Code, the City has determined that an AIPP contribution does not apply to the proposed Project
because the Improvements are defined as streetscape beautification projects, which include, but
are not limited to, one or all of the following elements: resurfacing, new curbs, gutters, pavers,
sidewalks, landscaping, lighting, bus shelters, bus benches, street furniture and signage.
52.2 Public Benefits. The public will benefit in several ways from the proposed
Project: (a) by removing delivery vehicles at the end of Euclid Avenue just south of Lincoln
Road and establishing a delivery vehicle loading zone at Lincoln Lane South that will permit
such vehicles to travel east or west through Lincoln Lane South instead of having to back up and
turn around to exit on Euclid Avenue; (b) bV providing the Flamingo Park residents with an
entrance to Lincoln Road off Euclid Avenue; and (c) by creating more space for performances at
the Euclid Oval.
52.3 Easements. Developer shall cause Lincoln Center to grant to the City, upon
completion of the Project, a perrnanent easement substantially in the form which is attached
hereto and made a part hereof as Exhibit "H", for the new electrical disconnect vault that is
being moved from City Property onto the Lincoln Center Parking Lot as part of the
Improvements.
52.4 Pedestrian Drop-Off Areas. A pedestrian drop-off area at the Project Site shall be
carefully designed in a manner to be reviewed and approved by City staff in accordance with the
requirements of the Department of Public Works (the "Department"). The Department has
already met with the Florida Department of Transportation and is completing studies requested
to finalize the drop-off plan.
52.5 Operation of Project upon Substantial Completion. City shall be solely
responsible for operating and maintaining the Project upon Substantial Completion.
52.6 Maintenance Proeram.
Pursuant to the HPB Order, Developer, in connection with the development of the
Project, is required to comply with various conditions including, without limitations,
submitting an initial landscape plan ("Initial Landscape Plan"), which includes, without
limitation, (i) retaining the two large Copper Pod trees located at the planter closest to
Lincoln Road, unless the City determines that they need to be replaced; (ii) introduction
of large canopy trees within the northern portion of the southernmost oval planter; and
(iii) introduction of other small size accent palms trees, other shade trees, and other
46
773
landscape which may be required to be introduced simultaneously with or subsequent to
the implementation of the Initial Landscape Plan.
Developer shall perform the following maintenance of the Improvements: (i) sweeping
of the street that is part of the Project Site; (ii) trash removal within the Project Site; and
(iii) maintenance of the landscaping contained within the Project Site, including, but not
limited to, the initial landscape which Developer is required to provide, pursuant to the
Initial Landscape Plan, as said Initial Landscape Plan may be required to be replaced
and/or modified by the City in the future. Thereafter, Developer will only be required to
maintain the landscaping and the City shall be responsible for replacement of the
landscape, as needed, in the City's reasonable discretion. Without releasing or excusing
Developer's maintenance obligations under Section 52.6(t) and (ii) herein, the City, at its
sole discretion, may undertake to maintain a portion or all of the landscaping at the
Project Site, upon thirty days written notice to Developer, thereafter releasing Developer
from any further obligation to maintain the landscaping responsibilities assumed by the
City. The balance of the maintenance shall be performed by the City. Developer and the
City shall enter into a Maintenance Agreement substantially in the form with is attached
hereto and made apart hereof as Exhibit "I".
52.7 Royalties And Patents. All fees, royalties, and claims for any invention, or
pretended invention, or patent of any article, material, alrangement, appliance or method that
may be used upon or in any manner be connected with the construction of this Project or
appurtenances, are hereby included in the prices stipulated in this Agreement for said Project.
52.8 Rights of Various lnterests. Whenever Work being done by City's forces or by
other Contractors is contiguous to Work covered by this Agreement, the respective rights of the
various interests involved shall be established by the Contract Administrator to secure the
completion of the various portions of the Work in general harmony.
52.9 Assierrment. This Agreement shall not be assigned or subcontracted as a whole or
in part without the written consent of the City, nor shall Developer assign any monies due or to
become due to it hereunder, without the prior written consent of the Contract Administrator.
52.10 No Interest. Any monies not paid by City when claimed to be due to Developer
under this Agreement shall not be subject to interest. However, the provisions of City's prompt
payment ordinance, as such relates to timeliness of payment, and the provisions of Section
218.74(4), Florida Statutes, as such relates to the payment of interest, shall apply to valid and
proper invoices.
52.11 Ownership of Documents. Drawing, specifications, design, models, photographs,
computer AutoCAD disks, reports, surveys, and other data provided in connection with this
Agreement and for which City has rendered payment, are and shall, subject to the terms of the
Contract Documents, become and remain the property of City whether the Project for which they
are made is executed or not. If this Agreement is terminated for any reason prior to completion
of the Work, City may, subject to the terms of the Contract Documents, in its discretion, use any
design and documents prepared hereunder for the purpose of completing the Project, provided
that City has paid for same; and provided further that if such termination occurs prior to
47
774
completion of documents and/or through no fault of Developer; Developer and Consultant shall
have no liability for such use; and provided further that any reuse without the written verification
or adaptation of Consultant for the specific purpose intended will be without liability or legal
exposure to Consultant or Developer. At the completion of the Project, as part of the Project
closeout, copies of all drawings on AutoCAD disks shall be transmitted from Developer to the
Contract Administrator within seven (7) days of termination of this Agreement in addition to the
record drawing. The provisions of this clause shall survive the completion of this Agreement
and shall thereafter remain in full force and effect. Any compensation due to Developer shall be
withheld until all documents are received as provided herein. Notwithstanding the foregoing, the
City retains ownership of any and all documents provided to the Developer and has full use
thereof without any further payment.
52.12 Records. Developer shall keep such records and accounts and require Contractor
and Consultant to keep records and accounts as may be necessary in order to record complete
and correct entries as to personnel hours charged to this engagement. Such books and records
will be available at all reasonable times for examination and audit by City and shall be kept for a
period of three (3) years after the completion of the Project pursuant to this Agreement.
Incomplete or incorrect entries in such books and records will be grounds for disallowance by
City ofany fees or expenses based upon such entries.
52.13 Nondiscrimination. Equal Emololnnent Opportunity. And Americans With
Disabilities Act. Developer shall not unlawfully discriminate against any person in its operations
and activities in its use or expenditure of the funds or any portion of the funds provided by this
Agreement and shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act in the course of providing any services funded in whole or in part by City,
including Titles I and 1 1 of the (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards.
Developer's decisions regarding the delivery of services under this Agreement shall be
made without regard to or consideration of race, age, religion, color, gender, sexual orientation,
national origin, marital status, physical or mental disability, political affiliation, or any other
factor which cannot be lawfully or appropriately used as a basis for service delivery.
Developer shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not discriminate
against any employee or applicant for employment because of race, age, religion, color, gender,
sexual orientation, national origin, marital status, political affiliation, or physical or mental
disability. In addition, Developer shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay, other forms of compensation, terms and conditions of
employment, training (including apprenticeship), and accessibility.
Developer shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color, gender, sexual orientation,
national origin, marital status, political affiliation, or physical or mental disability during
employment. Such actions shall include, but not be limited to, the following: employment,
48
775
upgading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay, other forms of compensation, terms and conditions of emplo5rment, training (including
apprenticeship), and accessibility.
Developer shall not engage in or commit any discriminatory practice in violation of the
City's Human Rights Act in performing the Scope of Services or any part of the Scope of
Services of this Agreement.
52.14 No Contingent Fee. Developer warrants that it has not employed or retained any
company or person, other than a bona fide employee Working solely for Developer to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee Working solely for Developer,
any fee, commission, percentage, 81ft, or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of this provision, City shall
have the right to terminate the Agreement without liability at its discretion, to deduct from the
Contract Sum, or otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
52.15 All Prior Aqreements Superseded: Amendments. The Contract Documents
incorporate and include all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this Agreement
that are not contained in the Contract Documents. Accordingly it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements whether oral or
written.
It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
52.16 Notices. Whenever either party desires to give notice unto the other, it must be
given by written notice, (a) sent by certified United States mail, with return receipt requested, (b)
by personal delivery with a signed receipt, (c) by recognized national overnight courier service
or (d) by facsimile, in any case, addressed to the party for whom it is intended, at the place last
specified; and the place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. Notices given by an attorney
for the City or Developer shall be deemed effective notices. For the present, the parties designate
the following as the respective places for giving of notice, to wit:
FOR CITY:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
Fax: (305) 673-7782
49
776
With a copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attomey
Fax: (305) 673-7002
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Eric Carpenter, Public Works Director
Fax: (305) 673-7028
FOR DEVELOPER:
Jameck Development, Inc.
1300 Collins Avenue
Suite 100
Miami Beach, FL 33139
Attn: Melvyn Schlesser
Fax: (305) 531-4173
With a copy to:
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue,23rd Floor
Miami, Florida 33131
Attn: Adam D. Lustig, Esq.
Fax: (305) 351-2235
52.T7 Truth-In-Negotiation Certificate. Signature of this Agreement by Developer shall
act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual
unit costs supporting the compensation of this Agreement are accurate, complete, and current at
the time of Contracting. The original Contract Sum and any additions thereto shall be adjusted to
exclude any significant sums by which City determines the Contract Sum was increased due to
inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such
adjustments shall be made within one (1) year following the end of this Agreement.
52.18 Interpretation. The parties hereto acknowledge and agree that the language used
in this Agreement expresses their mutual intent, and no rule of strict construction shall apply to
either party hereto. The headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement shall include the other gender, and the singular shall include the
plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof,"
"hereunder," and "hereinafter" refer to this Agreement as a whole and not to the particular
sentence, paragraph or section where they appear, unless the context requires otherwise.
50
777
Whenever reference is made to a Section or Article of this Agreement, such reference is to the
Section or Article as a whole, including all of the subsections and subparagraphs of such Section
or Article, unless the reference is expressly made to a particular subsection or subparagraph of
such Section or Article.
52.19 Reclzcled Content. In support of the Florida Waste Management Law, Developer
is encouraged to supply any information available regarding recycled material content in the
products provided. City is particularly interested in the type of recycled material used (such as
paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the
product. City also requests information regarding any known or potential material content in the
product that may be extracted and recycled after the product has served its intended purpose.
52.20 Public Entity Crimes Act. In accordance with the Public Entity Crimes Act,
Section 287.133, Florida Statutes, a person or affiliate who is a Contractor, consultant or other
provider, who has been placed on the convicted vendor list following a conviction for a Public
Entity Crime, may not submit a bid on a contract to provide any goods or services to the City,
may not submit a bid on a contract with the City for the construction or repair of a public
building or public Work, may not submit bids on leases of real property to the City, may not be
awarded or perform Work as a Contractor supplier, subcontractor or consultant under a contract
with the City and may not transact any business with the City in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36
months from the date of being placed on the convicted vendor list. Violation of this section shall
result in cancellation of the City purchase and may result in debarment.
52.21 Waiver of Trial blz Jury. BY ENTERING INTO THIS AGREEMENT,
DEVELOPER AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF THE PROJECT. DEVELOPER SHALL SPECIFICALLY BIND CONTRACTOR
AND CONSULTANT AND REQUIRE THAT CONTRACTOR AND CONSULTANT BIND
ANY AND ALL OTHER SUBCONTRACTORS AND/OR SUBCONSULTANTS TO THIS
PROVISION OF THIS AGREEMENT.
52.22 Approvals. Whenever any matter set forth herein is made subject to the approval
of the City or the Contract Administrator, the approval shall be expressed in writing and the City
or the Contract Administrator (as applicable) shall not be unreasonably withhold, delay or
condition any such approval, and the failure to grant or withhold any such approval within ten
(10) business days after receipt of written notice requesting the same (or such other time period
as may be expressly provided in this Agreement), shall be deemed approval of such matter if so
stated in said notice.
52.23 Time. Time shall be of the essence for the performance of all obligations of
Developer, the City and Contract Administrator under this Agreement. Whenever this
Agreement provides for or contemplates a period of time for performance of any obligation, such
time period shall be calculated using calendar days, except when such time period is expressly
stated to be calculated in business days. Any date in this Agreement which falls upon a
Saturday, Sunday or legal holiday (defined as any weekday upon which banks in Miami, Florida
are not open for business) shall be deemed to be extended to the next business day. The term
51
778
"business day" as used in this Agreement means any day that is not a Saturday, Sunday, or legal
holiday.
52.24 Recording of Development A8reement. Within fourteen (14) days after the City
executes this Agreement, the City shall record this Agreement with the Clerk of the Circuit Court
of Miami-Dade County. Developer shall submit a copy of the recorded Development Agreement
to the State of Florida's Land Planning Agency within fourteen (14) days after this Agreement is
recorded. This Agreement shall become effective only after (a) it has been recorded in the
Public Records of Miami-Dade County, and (b) thirty (30) days have elapsed after the State of
Florida Land Planning Agency's receipt of a copy of the recorded Agreement. The City agrees
that it shall be responsible for all recording fees and other related fees and costs related to the
recording and delivery of this Agreement as described in this Section. The provisions hereof
shall remain in full force and affect during the term hereto, and subject to the conditions of this
Agreement shall be binding upon the undersigned, and all successors in interest to the parties to
this Agreement. Whenever an extension of any deadline is permitted or provided for under the
terms of this Agreement, at the request of either party, the other party shall join in a short-form
recordable Memorandum of Agreement confirming such extension to be recorded in the Public
Records of Miami-Dade County.
52.25 Duration of this Development Aereement. The duration of this Agreement shall
not exceed ten (10) years from the date first written above; provided, however, that the duration
of this Agreement may be extended by mutual agreement of the City and Developer. During the
term of this Agreement, the City's laws and policies governing the development of land in effect
as of the date hereof shall govern development of the Project. The City may apply subsequently
adopted laws and policies to the Project only if the City has held a public hearing pursuant to
Section 163.3225, Florida Statutes, and determined:
52.25.1 they are not in conflict with the laws and policies governing this
Agreement and do not prevent development of the land uses, intensities, or densities in this
Agreement; or
52.25.2 they are essential to the public health, safety, or welfare, and expressly
state that they shall apply to a development that is subject to a development agreement; or
52.25.3 they are specifically anticipated and provided for in this Agreement; or
52.25.4 the City demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of this Agreement; or
52.25.5 this Agreement is based on substantially inaccurate information
supplied by Developer.
IREMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
52
779
IN WITNESS
first above written.
WITNESSES:
WHEREOF, the parties have set their hands and seals the day and year
CITY:
CITY OF MIAMI BEACH, FLORIDA, A
municipal corporation of the State of Florida
Name: Philip Levine
Title: Mayor
By:
Sigrr
Print Name
Sigr
Print Name
ATTEST:
Name: Rafael E. Granado
Title: City Clerk
STATE OF FLORIDA
COL]NTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
,2014, by Philip Levine, as Mayor, and Rafael E. Granado, as City Clerk, of the
City OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf
of such municipal corporation. They are personally known to me or produced valid Florida
driver's licenses as identification.
Notary Public, State of Florida
By:
)ss:
)
APPROVED AS TO
FORM & LANGUAGE
.-\ & FOINXECUTION
>/J-O*,Q r[4[(r
-
CityAttorrey-.Sif Dote
My commission expires:
780
DEVELOPER:
JAMECK DEVELOPMENT, INC., A
Florida corporation
Sigr
Name: Melvyn Schlesser
Title: President
Print Name
Sigr
Print Name
STATE OF FLORIDA )
)ss:
couNTY oF MrAMr-DADE )
Theforegoinginstrumentwasacknowledgedbeforemethisdayot-,
2014, by Melvyn Schlesser, as President of Jameck Development, fnc., a Florida corporation, on
be'half of such corporation. He is personally known to me or produced valid Florida driver's
licenses as identification.
Notary Public, State of Florida
My commission expires:
By:
781
Joinder by Lincoln Center with respect to Section 52.3 of the Agreement:
Lincoln Center hereby acknowledges and consents to the requirements of Section 52.3
herein, including agreeing to execute an easement agreement, in substantially the form of
the Easement Agreement attached hereto as Exhibit "H".
LINCOLN CENTER ASSOCIATES, LLC,
a Florida limited liability company
Sigr
Name: Melvyn Schlesser
Title: Manager
Print Name
Sigr
Print Name
STATE OF FLORIDA )
)ss:
couNTY oF MIAMr-DADE )
The foregoing instrument was acknowledged before me this day ol__,
2074, by Melvyn Schlesser, as Manager for Lincoln Center Associates, LLC, a Florida limited
liability company, on behalf of such limited liability company. He is personally known to me or
produced valid Florida driver's licenses as identification.
Notary Public, State of Florida
My commission expires:
By:
782
EXHIBIT ''A''
LEGAL DESCRIPTION OF PROJECT SITE
A portion of Euclid Avenue Right-of-Way as shown on the plat of *SECOND
COMMERICAL SUBDIVISION OF THE ALTON BEACH REALTY
COMPANY", according to the plat thereof, as recorded in Plat Book 6, at Page 33,
and the plat of (LINCOLN SUBDMSION", according to the plat thereof, as
recorded in Plat Book 9, at Page 69, both recorded in the Public Records of Miami-
Dade County, Florida; bounded on the North by the extension of the South Right-
of-Way Line of Lincoln Road; bounded on the South by the extension of the North
Right-of-Way Line of Lincoln Lane South; bounded on the East by the East Right-
of-Way line of Euclid Avenue and bounded on the West by the West Right-of-Way
Line of Euclid Avenue.
783
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN LANE
ft
- -EG
-o2040I#
SCALE
l" :40'
LEGEND:
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
PC = POINT OF CURVATURE
PT = POINT ON TANGENCY
O.R.B. = OFFICIAL RECORDS BOOK
PG. = PAGE
R=15.00'
L=23.56'
Ton=15.00'
D=90o00'00"
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NORTH RIGHT OF WAY
LINE OF LINCOLN LANE
(P.B. 6 . PG.33)
LOT 7
BLOCK 51A
LINCOLN SUBDIVISION
OF'THE ALTON BEACH
REATTY COMPANY"
(P.B.9, PG.69)
Lg'}',qI,IYP-E
8290 NW 6/*rx STREET
MrAMr, FL. 55r66
PH0NE:(505) t 63-0912 FAX:(505)5l5-5680
WWW. LONG ITUDESURVEYORS. COM NOTICE: Not full and complete without all two (2) pages.
JOB NO.: 133]4
PAGE I OF 2
SOUTH RIGHT OF WAY LINE OF
rtr.tcoLN ROAD (P'8.6, PG' 33)
LINCOLN
L:\15J14 Eucid Ave irom Lincoln Ln io Lincoln Rd, Miomi Beoch, FL\dwg\Sl€ich ond Legols\15J14 SL 06-03-14.d,q 7/9/2014 1:46:59 Pil EOI
784
SKETCH TO ACCOMPANY LEGAL DESCRIPTTON
PORTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN ISNE
ffiffiffiffiHE
L__frHHrfrEffi
ffi*ffiHHHJ m=ru
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LOCATION MAP (Nor ro scALE)
IEGAt DESCRIPIION:
A porlion of Euclid Avenue Righl-ot-woy os lhorm on lhe plot of "SECOND COMMERCT t SUBDTDTVTS|ON OF THE ALTON BEACH REALTy COMPANr. occording to the ptot
Ithercof. or tGcorded in Plol Book 6, ol PogG 33, ond lhe plol of "LINCOLN St BDlvlslotf. occording lo ihc plot trhereof, os recordect in plot Book 9. ot poge 6t. both
recordad ln lhe Public R6cords of Miomi.Oodc Counly, Flqftlo; boundrd on thc Norlh by lhe exlension of ihe Soulh Right of woy tine ot Lincoh Rood: bounded on the
South by the extensbn of th. Norlh Right of woy line of l,ncoln Lone Soulh; bounded on lhe Eort by the Eosl Righl ol Woy Line of Eucfid Avcnu. ond bounded on lhe
Wes, by lhe Wesl Rlght of Woy Line of Eucld Avenue.
Sold porcol ot lond lying ond being in lh€ City of Miomi Beoch. Miom:i-Dode County, Roddo ond contoining 10,578 Squorc FGel, mo(e or le!6, by cotcublbns.
PERTINENT INFORMAIION USED FOF SURVEY:
Ih€ Lcgd Oe3crlplion ot the fuqccl Porcol wor generoled from lhc foliowing rrcord documcntr:
I . Leo5o Ag eem€nl o, the Sloto ot Hoddo, Boorct of Trusleer ol th? lntornol lmprovement Funct, reco.ctect in Ofnciol Records Book I 1793. ot Poge 339, Mimoi-Dode
Counly Rrcords.
2. leoso Agrocmenl of lhe Slote of Flqido. Boord of Trutlcer of lhr hlcmol lmprovcmenl Fund. recordGd in Officiol Recorc,s Book I I 793. ot poge 334, Mimoi-Clode
Counly Recordr.
Beotings os shown hereon ore bo.ecl upon the Wesl Une of lhe NW I /,1 of Scction 22, Township 52 South. Rongc 42 Eosl. Miomidode County. Florido. with on o$umed
boorhg of SOtroOo4'E.
E^SEUENTS AND ENCUMBSANCES:
No lnfotmslion wos provided or to lhe e*slence of ony ?o5amcnli otherlhol whot oppeors on the underiying Plot of rccord. PlGose refer to lhe Limilolions ilcm wilh
rcspecl lo polsibla rertrictions of record ond uliflly relvices.
RESTRICTIONS:
Slnce no olhe, infotmotion were tumished olhellhon whol ii cilecl in lhe Sources of Dolo, lhc clienl is hereby odvilcd thol lhore moy be legol rertrictions on lhc 5ubieclpropcrty lhol or. not tho\^n on lhb Skelch or conloined wilhin lhb reporl lhot moy b. fqrnd in lhe Pubfic Records of Miomi-Dode Counly, Flo.ido or ony oth.r publc ond
privote entilics os ihoir,iurisdiclions moy oppeor.
Thi: cbcumenl does nol rcproslnl o fiEld boundory survey of lhe dcscribed prop€rty. or ony po,t or porcel lhereof.
SURVEYOBS CEFNFICAIE:
I hcrcby carlity; Thol this Sketch lo Accompony Legol Descdplion" ond lhe survey Mop rerulting lhcrefrom wos performed under my direction ond is true onct concct lo
thc besl ol my knowlodgc ond beEet ond furthcr. lhot 3oid Tkctch to Accompc,ny Lrgol Descriplion'meets lhe inlenl ol the opp[coble provisions of thc'Minimum
TcchnicolSlonc,orclsforlondSuNeyinginlheStot€of Ro.ido'.puriuonltoRuic5J-l7O5l lhrough5J-lT.0s2otlhcFbrictoAdminidroliveCoctaondilsimptcmcnlingtow.
CF'optet 172.027 of lhe Fk ddo Slolutes.
LONGTTUDESURVEYORSLLC.. o Floddo Umited Ljobiliry Ccmpony
Floddo Cortificotc of Aulhorizolion Numbar 187335
Lgt|tq!,1YPE AG
Sraea Ptllf
furveyor ond Mopp€r 155938
ot Floddo
Not volic, withoul the rignoture ond originol robed seol ot o Ftcnids Uccns€d8290 NW 64rn STREET
MtAMt. FL. 55t66
PHONE:(505)/*65-0912 FAX:(505)Sl5-5680
WWW. LONG ITUDESURVEYORS. COM
Survsyor oncl Mopp€r. Addilion! or clrletions lo furvcy Mops by other thon the rigning porty ore
prohlblled wilhoul lhe writl€n conrent of lhe ligning porty. JO! NO.: l:fill4
NOTTCE i,lot lull and complcte without atl t!rc (2) p.grs. ?AGE 2 Ot 2
u\JJl. 445 r ffi uda ln ts lfun i( Ird E6cn. Fl\nq\rsr*n .na Lsrr\rsra SL o6-oJ-ra.ic ,/t/zua ttaa:rt w e[r
785
EXIIIBIT ''BII
LEGAL DESCRIPTION OF LINCOLN CENTER PARKING LOT
Lots 7 and 8 in Block 5L-A, LINCOLN SUBDMSION, according to the Plat thereof, as
recorded in Plat Book 9, at Page 69, of the Public Records of Miami-Dade County, Florida.
Folio No. 02-323 4002-0540
786
EXHIBIT ''CI'
CONCEPTUAL PLAN
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EXHIBIT "D'
HISTORIC PRESERVATION BOARD ORDER, FILE NO. 7385
795
HI$TORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: Oclober 8,2A13
FILE NO: 7385
PROPERTY: Eusiid Avenue between Lincoln
Road and Lincoln Lane South
LESAL: A portion of the Public-Right-of-Ways of Euclid Avenue from Lincoln Lane
to Lincoln Road along with a portion of the adjacent Right-of-Ways, all
lying and being in the City of Miami Beach, Florida.
lN RE: The Application for a Certificate of Appropriateness for streetscape
impror,'-'prents in the Sity's rights-of-way. These improvements includa,
but are not iimited to, the removal of the disconnect vault and landscape,
installation qf now hardscape, landscape, and street lighting and the
ctrosure of a portion of Euclid Avenue to vehicular traffic, as part of an
extension of the pedestrian mall.
ORDFR
The applicant, City of Miami Beach, filed an application wiih the City of Miami Beach Planning
Department for a eer$ficate of Appropriateness"
The City of Miami Beach Historic Preservation Board makes the following FINDING$ OF FACT,
based upon the avidence, information, testimony and materials presented at the public hearing
and which are part of the record for this matter:
A. The subject site is located within the Flamingo Park Locall-listoric Diskict.
B. Based on the plans and documents *ubmitted with ihe application, testirnony and
796
Page 2 of 7
HPB File No. 7385
Meeting Date; October 8, 2013
information provided by the applicant, and the rea$ons set forth in the Planning Deparimeni
$taff Report, the project as submitted is consistent with the Certificale of Appropriateness
Criteria in Seclion 118-564(aX1) of the Miami Beach Code, is not consistent with Certificate of
Approprlateness Criteria'f in $ection 118-564(aX2) of the ll{iami Beach Code, and is not
consistent with Certificate of Appropriateness Criteria 'h' in Section 118-5S4{aX3) of the Miami
Beach Code,
C. The project would he consistent with the criteria and requirements of section 118-564 if the
following conditions are met;
1. A revised landscape plan, prepared by a Professional Landscape Architect, registered in
the $tate of Florida, and corresponding site plan, shall be submitted to and approved by
staff. The species type, quantity, dimensions, $pacinE, location and overall height of all
plant material shall be clearly dellneated and subject to the review and approval of staff.
At a minimum, $uch plan shall incorporato the following:
a. The proposed planter closest to Lineoln Road, which is intended to preserve the
two large and existlng Copper Pod trees shall be signiflcantly enlarged in order to
protect and minimize damage to the existing root system of the trees, in a
manner to be reviewed and approved by Planning Department stalf and the
City's Urban Forester consistent with the Certificate of Appropriateness Criteria
andlor the directions from the Board. At a minimurfl, the overall square footage
cf the existing planting area shall not be reduced.
b. A tree protectlon plan, ensuring that the ro,ot system, trunk, and branches of the
existing Copper Fod trees are fully protected during the construction period, shall
be submitted in a rnanner ts be reviewed and approved by Planning Department
staff and the City's Urban Fprester consistent with the Certificate of
Appropriateness Criteria andlor the dir*ctions from the Board.
c. One or more additional large canopy trees shall be introduced within the northern
portion of the southsrnmost oval planter, in a manner to be reviewed and
approved by Pianning Department slaff and the City's Urban Forester consisterit
with the Certifieate of Appropriateness Criteria andlor the directions from the
Board.
Small size accent palms trees may be utilized as part of the understory plant
paleite composition, but should not pravent or limit the addition of rnore shade
trees, in a manner to be reviewed and approved by Planning Oepartment staff
and the City's Urhan Forester consistent with the Certificate of Appropriateness
Criteria andlor the directions from the Board.
The planter structure shall be constructed of a high quality, natural architectural
concrets, in a manner to be revielved and approved by Planning Dopartment
staff consistent with thn Certificate of Appropriateness Critoria and/or the
directions from the Board.
Any demolition work adjacent to the existing trees shall be performad in close
consultation with the City's Urban Forester.
c.
797
Page 3 of 7
HPB File No. 7385
Meeting Date: October B, 2013
h.
l.
U.The utilization of root barriers and/or $ilva Cells, as applicable, shall be clearly
delineated on the revised landscape plan.
A fully automatii irrigation system with 1000/o covorags and an autornatic rain
sensor in order to render the system inoperative in tho event of raln. Right-of-
way area$ shall also be incorporated as part of the irrigation system.
The proposed black and white concrete paving areas shall be comprised of fully
integral colored concrete and samples shall be provided, in a mann*r to be
reviewed and approved by Planning Department staff consistent with the
Certificate of Appropriateness Criteria and/or the directians from the Board.
The applicant shall explore with the Planning Department and Public Works
Department the most appropriate lighting system to be used in the nolv plaza
area, in a manner to be reviewed and approved by Planning Department staff
consistent with the Certificate of Appropriateness Criteria and/or the directions
frsm the Board. Standard "Paulsen" lights, matching the existing pedestrian
lighting elsewhere on this block of Lincoln Road, shall be used in the new plaza
area if no alternative more appropriate lighting system is identified.
Materials samples shall be provided for all proposed mosaic tiles and grout of the
"decorative mosaic mounds" of the new plaza, in a manner to be revielved and
approved by Flanning Departrnent staff consistent with tl:e Certificate of
Appropriateness Criteria and/or the directions frorn the Board.
Any proposed up-lighting of the trees in the new piaza area shall be provided, in
a manner to be reviewed and approved by Ptanning Separtment staff consistent
with the Certificate of Appropriateness Criteria and/or the directions from the
Board"
The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all backflow prevention devices. Backflow preventicn devices shall
not be permitted within any required yard ar any area fronting a street or
sidewalk, unless otherwise permitted by th* Land Develapment Regulations.
The location of all backflow prevention devlces, and how they are sreened from
the rightof-way, shall be clearly indicated on the site and landscape plans and
shall be subject to the review and approval of staff. The flre department
shall require a post-indicaior valve {PlV) visible and accessible from the street.
The applicant shall verify, priar to the issuance of a Building Permit, the exact
loeation of all post-indicator valves {PlV), fire department connections (FDC)and
all other related devices and fixtures, which shall be clearly indicated on ths site
and landscape plans, in a manner to be reviewed and approved by siaff
consistent with the Certificate of Approprialeness Criieria and/or tha directisns
from the Board.
The applicant shali verify, priar lo the issuance hf a Building Permit, the exact
location of all applicable FPL transformers or vault rooms; such transformers and
m.
n.
798
Page 4 of 7
HPB Fite No. 7385
Meeting Date; October B, 2013
L
vault rooms, and all other related devices and fixtures, *hall not be permitted
within any required yard or any ar6a fronting a *treet or sidewalk. The location of
any exterior transformere, and how they are screened with landscape material
from the right-of-way, shall be clearly indicated an the site and landscape plans
in a rnanner io he reviewed and approved by staff consistent with the Certificate
of Appropriateness Criteria and/or the directions from the Board.
p. Prior ts the iosuance of a Cefiificate of Occupancy, the Landscape Architect for
the project architect shall verify, in writing, that the project is eonsistent vrith the
site and landscape plans approved by the Pianning Department for Building
Permit.
A ccmprehenslye annual maintenance program and schedule shalt be prepared by the
design consultants and provided to the City for the future successful maintenance of this
plaza area. This maintenance proposal shall be reviewed and approved by all relevant
city agencies.
The applicant may be required to submit a separate analysis for water and sewer
requirements, at the discretion of the Public Works Director, or designoe. Based on a
preliminary review of the proposed project, the following may be required by the Public
Works Department:
a. The existing electric utility room shall be relocated to private properiy and an
easement access shall be provided.
b. A traftic and neighborhood impact siudy shall be conducted as a means to
mea$ure a proposed development's impart on transportation and
neighborhoods, The study shall address all roadway Level of Service (LOS)
deficiencies relative to the csncurrency requirements of ihe City Code, and if
required, shall be submitted prior to the issuance of a Building Permit. The final. building plans shatl meet all other requirements of the Land Development
Regulations of the Oity Code. The developer shall refer to the most recent City of
Miami Beach's Traffic and Neighborhood lmpact Methodology as issued by the
Public Works Department.
c. Removelreplace sidewalks, curbs and gutters on all street frontages, tf
applicable. Unless otherwise specifiod, the standard color for city sidewalks is
red, and the standard curb and gutter color is gray.
d. Milllresurface aspha{t in rear alley along property, if applicabte,
e. Provlde underground utility service connections and on-site transformer location,
if necessary.
f. Provide back-flow prevention devices on altwater services.
g. Provide on-site, self-contained storm lvater drainage for the proposed
develapmenl.
799
Page S of 7
HPB File No. 7385
Meeting Date: October 8, 2013
Meet waterlsevt'er coficurency requirements including a hydraulic water model
analysls and gravity sewer system capacfty analysis as determined by the
Department and the required upgrades to water and sewer mains servicing this
project,
Payment of City utility impaci fees for water me{erslservices.
Prsvide flood harrier ramps to underground parking or minimum slab elevation to
be at highest adjacent crown road elevation plus 8".
Right-of-way permit must be obtained from Public Works.
All right-of-way encroachments must be removed,
m. All planting/landscaping in the public rightof-way must be approved by the Public
Wsrks and Parks Departments,
4. All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code {FAC).
5, At the time of completion of the project, only a Final Certificate of Occupancy (CO) or
Final Certificate of Conrpletinn (CC) may be applied for; the staging and scheduling of
the consiruction on site shall take this into account, All work on site must be completed
in accordance with the plans approved hereln, as well as by the Building, Fire, Planning,
OIP and Publis Works Departments, inclusive of all conditions imposed herein, and by
other Developrnent Review Boards, and any modifications required pur*uant to field
in*pections, prior to the issuance of a CO or CC, This shall not prohibit the issuance of a
Partial or Temporary CO, or a Partial or Temporary CC.
6. The Final Order shall be recorded in the Public Records af Miami-Dade County, prior to
the issuance of a Building Permit.
7. The Final Order is not severable, and if any provision or condition heresf is held void or
unconstitutional in a final decjsion by a court of competent jurisdiction, the order shall be
returned to the Board for reconsideration as to tr,rhether the order meets the criteria fon
approval absent the stricken provision or sondition, and/or it is appropriate to modify the
remaining conditions or impose new conditions.
8. The conditions of approval herein are binding on ihe applicant, the property's owners,
operators, and all successors in interasi and assigns.
9. Noihing in this order authorizes a violatlon of ihe City Code or other appticable law, nor
allowe a relaxation of any requirernent or standard set forth in the City Code.
lT lS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information,
tostimony and materials presented at the public hearing, which are pafi of the record for this
matter, and the staff report and analysis, whieh are adopted herein, including the etaff
recommendations, whlch were amended by the Board, tirat the Certificate of Appropriateness is
GRANTED for th* above-referenced project subject to those certain conditions specifiod in
h-
800
Page 6 of 7
HPB File No. 7385
Meeting Date: October 8, 2013
paragraph C of the Findings of Fact (Condition Nos. 1-O inclusive) hereof, to which the applicant
has agreed.
PROVIDED, the applicant shall build substantially in accordance with the plans approved by the
Historic Freservation Bsard, as determined by staff, entitled "Lincoln Road Euclid", as prepared
by R + O Studio, dated 08:12:2013.
When requesting a huilding permit, the plann submitted to the Building Depariment for permlt
shall be consistent with the plans approved by the Board, modified in accordance with the
conditions set forth in this Final Order. No building permit may be issued unless and until all
conditions of approval that must be satisfied prior to permit issuance, as set forth in this Final
Order, have been met.
The issuance of this Certificate of Appropriateness does not relieve the applicant from obtaining
all other required Municipal, County and/or State reviews and permita, including final zoning
approval. lf adequate handicapped access is not provided on the Board-approved plans, this
approval does not mean that such handicapped aceess is not required" When requesting a
building permit, the plans submitteci to the Building Department fcr permit shall be consistent
with the plans apprcved by the Board, modified in accordance with ihe condltions set forth in
this Order.
lf the Full Building Permit for the project is not issued within eigh{een (18) months of the meeting
date at which the original Certificate af Appropriateness was granted, this Certificate of
Appropriateness will expire and become null and void, ll the Full Building Permit for the project
should expire for any reason {including but not limited to consiruction not cornmencing and
continuing, with required lnspections, in accordance wlth the applicable Building Code), thls
Certificate of Appropriateness will expire and become null and void.
ln accordance with Section 118-561 of the City Code, the violatlon of any conditions and
safeguards that are a part of this Order shall be deemed a violation of th* land development
regulations of the City Cod*. Failure to comply with this Order shall subject this Certifinate of
Appropriateness to Section 11B-564, City Code, for revocation or modifieation of the Certilicaie
of Appropriateness. ,. p,yl
Datedl,i, ib* dayof I'iezors
HISTORIC PRESERVATION BOAR,D
THE ffIry OF MIAM1 BEACH, FLORIDA
DESIGN AND PRESERVATION
FOR THE CHAIR
801
Page 7 of 7
HPB File No.7$85
Meeting Date: October 8, !013
STATE OF FLORIDA
COUNTYOF MIAMI.DADE
of the corporation. He is personally known to me.
The foregoing instrument was acknowledged b*fore me this && day ,of(V*e ta4g-- - 2A&"by Thornas R. Mooney, Design anO pr.eseivition Manager,
Planning Dnpartment, City of Miami Boach, Florida, a Florida Municipal Corporatipn, En behalf
)
)ss
)
s**.ilr^ TSRESAMARIA
. *-ir . [4Yco]durssiouf oDotsrlg"ffi.;ffitrf;T,Tlffil NOTARY PUBLIC
Miami-Dade County, Florida , - n
My commission exiies,)/8::t J8
Approved As To Form:
Legal Department:( lo'/b- 131
Filed with the Glerk of the Historic Preservation Board on ._I0r la r-?ot* - { -{AJ ;i^
FIPLAN\$HPB\1 3 HPB\Oct1 3\7385,o0t201 3, FO.doex
802
EXHIBIT ''E''
DEVELOPMENT APPROVALS
Certifi cate of Completion
Demolition Permit
Department of Environmental Protection Permit (if required)
Department of Environmental Resource Management Permit
FDOT Permit
Building permits for:
Electrical
Plumbing
Miami-Dade County Public Works Department Permit (if required)
Public Works Permit, Paving and Drainage
Public Works Permit, Water and Sewer
Such other permits as may be required by Federal, State and local law
Historic Preservation Board Certificate of Appropriateness
803
EXHIBIT *F'
ESTIMATED BUDGET
4
804
PRELI M I NARY BUD.EE lT SUMMARY
Cost of QgnstruEtio-f *
Demolition
Landscape and lrrigation
Site work
Temporary Fenciag and Protection
Dumpsters and Cleaning
Electrical
Electrical Fixtures
General Requirements I Contingency
40,000.00
85,000.00
210,000.oCI
10,000.00
12,000.00
80,000.00
40,000.00
25,000.00
Budget Price s02,000.00
* Note: The Cost of Construction includes profit and overhead to general constructor.
Soft Costs
Architectural drawings and engineering
Permit Cosls
Miscellaneous Soft Costs
Construction Consultant / Manager Fees
Utilities
Adminlstration
55,000.00
10,000.00
9,000.00
30,000.00
3,500.00
8,500.00
Total Soft Costs
Total Project Cost
116,000.00
6t^8,000.00
805
EXHIBIT IIGII
DOCUMENTS PROVIDED BY THE CITY TO DEVELOPER
1. Water, sewer and stormwater utility drawings for Euclid Avenue between Lincoln Road
and North Lincoln Lane.
2. Memoranda to Finance and Citywide Projects Committee meetings and Commission
meetings.
3. Sonar study of all existing underground facilities, equipment and utilities within the
Project Site.
806
EXHIBIT *H'
EASEMENT FROM LINCOLN CENTER TO CITY
6
807
Prepared by and after recording return to:
Gisela Nanson Torres, Esq.
Office of the City Attomey
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33 139
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made as of the _ day of
2014, by and among CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation of the State of Florida (the "City"), and LINCOLN CENTER ASSOCIATES, LLC, a
Florida limited liability company ("Lincoln"). The City and Lincoln are each, a "Party", and
collectively, the "Parties".
RECITALS:
A. The City is the owner of certain right of ways along a portion of Euclid Avenue,
between Lincoln Road and Lincoln Lane South, along with a portion of the adjacent right of
ways, all lying in Miami Beach, Florida (the "City Property"), more particularly described in the
attached Exhibit "A-1 ".
B. Lincoln is the owner of certain land located adjacent to Lincoln Lane South and
Euclid Avenue, on which a parking lot is located, more particularly described in the attached
Exhibit tt A-ztt (the "Lincoln Center Parking Lot").
C. At the request of developer, Jameck Development, Inc. ("Jameck"),The Historic
Preservation Review Board of the City, pursuant to an Order dated October 8,2013, under HPB
File No. 7385 (the "HPB Order") approved street scape improvements in the City's Property,
including, but not limited to, the removal of the disconnect vault and landscape, installation of
new hardscape, landscape and street lighting; the closure of the portion of Euclid Avenue to
vehicular traffic, from Lincoln Road to the north part of Lincoln Lane South, as part of an
extension of the pedestrian mall; creation of a new pedestrian drop-off area, subject to approval
by the City's Public Works Department; and creation of a new commercial loading zone at
Lincoln Lane South (collectively, the "Euclid Project Improvements"). Part of the Euclid Project
Improvements involves the removal of the electrical disconnect vault ("City Electrical
Disconnect Vault"), located within the City Property, and relocating the City Electrical
Disconnect Vault to the Lincoln Center Parking Lot, in functioning order.
D. The City and Jameck, an affiliate of Lincoln (Jameck and Lincoln are under
common control), have entered into a Development Agreement simultaneously herewith,
providing for Jameck to design and construct the Euclid Project Improvements.
808
E. As part of the scope for the work related to the construction of the Euclid Project
Improvements, pursuant to the Development Agreement, Jameck agreed to cause Lincoln to
grant the City a permanent easement in connection with the future maintenance of the City
Electrical Disconnect Vault.
NOW, THEREFORE, in consideration of the premises and the covenants contained
herein, the Parties hereto agree as follows:
1. Recitals. The above and foregoing recitals are true and correct and incorporated
herein by reference thereto.
2. Grant of Easements. Lincoln hereby grants to the City a permanent, non-
revocable maintenance easement, including the right of entry and the right to maintain, repair,
replace andlor relocate (City Maintenance Easement), as needed, the City Electrical Disconnect
Vault, within the electrical vault building at the Lincoln Center Parking Lot, at the location
shown in the attached Exhibit "B".
3. Maintenance. In its continuing operation and maintenance of the City
Electrical Disconnect Vault, City shall use reasonable commercial efforts to avoid causing any
damage to, or any material interference with, the use of the Lincoln Center Parking Lot.
(a) In making use of the City Maintenance Easement, City shall:
(i) To the extent feasible, use reasonable commercial efforts to
coordinate with Lincoln its repair, maintenance, replacement and/or relocation activities within
the Lincoln Center Parking Lot;
(ii) Use reasonable commercial efforts to minimize interference with
the use of the Lincoln Center Parking Lot;
(iii) After the performance of any work in connection with the City
Maintenance Easement, restore, if required, at City's sole expense, the portion of the Lincoln
Center Parking Lot which was disturbed by such work, to substantially the same condition of
such area and/or improvements before the performance of such work, responsible even after
excepted;
(iv) In no event, other than an emergency, repair, replace, remove,
relocate or otherwise take any action at any time within the Lincoln Center Parking Lot, without
first providing Lincoln with three (3) calendar days prior written notice; and
(v) At all times, keep the Lincoln Center Parking Lot free from
obstruction of any kind or nature whatsoever, except as may be required from time to time to
effect the maintenance, repair, replacement andlor relocation of the City Electrical Disconnect
Vault.
4. Nature of Easement. The burdens and benefits of the easements created herein
shall run with the land and shall inure to the benefit of, and be binding upon the Parties and
their respective successors and/or assigns, and all persons claiming under them. Any transferee
MIAMI 127 s 5 69.5 7 7 137 2690 t
809
of a Party and/or Parties, or its/their successors or assigns, as the case may be, shall be bound by
all terms and conditions of this Agreement. For purposes of a transfer and/or assignment of this
Agreement, a Party andlor Parties shall only be permitted to assign a Party's andlor Parties'
rights hereunder to (and a Party and/or Parties' successors shall only include) successor owner(s)
or mortgage lenders of Lincoln Center Parking Lot and/or association(s) designated with the
responsibility of maintenance of the cofllmon areas in connection with the development or
operation of the Lincoln Center Parking Lot.
5. Governing Law. This Agreement shall be govemed by and construed in
accordance with the laws of the State of Florida, both substantive and remedial, without regard
to principles of conflict of laws. The exclusive venue for any litigation arising out of this
Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
CITY AND LINCOLN EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT
OF, THIS AGREEMENT.
6. Counterparts. This Agreement may be signed in counterparts with the same
force and effect as if all required signatures were contained in a single, original instrument.
7. Term. The easements, covenants, conditions and restrictions contained in this
Agreement shall be effective commencing on the date of recordation of this Agreement in the
office of the Clerk of Court of Miami-Dade County and shall remain in fulI force and effect
thereafter in perpetuity, unless this Agreement is modified, amended, canceled or terminated
by the written consent of the Parties.
8. Development of Lincoln Center Parking Lot. Notwithstanding anything
contained in this Agreement to the contrary, the granting of this Maintenance Easement to the
City shall not prevent or preclude Lincoln from developing or redeveloping the Lincoln Center
Parking Lot, so long as the City electrical Disconnect Vault remains in the electrical vault
building or any other portion of the Lincoln Center Parking Lot.
9. Remedies and Enforcement: Self-Help. In the event of a breach by either Party
of any of the terms, covenants, restrictions or conditions hereof, the other Party shall provide
written notice of such breach to the defaulting Party. If the defaulting Party fails to cure such
breach within thirty (30) calendar days following written notice thereof by the non-defaulting
Party (unless such breach creates an emergency requiring immediate action, in which case
either Party may take action to correct the problem after such reasonable notice to the other
Party as may be possible under the circumstances; or with respect to any such breach the nature
of which cannot reasonably be cured within such thirty (30)-day calendar period, the defaulting
Party commences such cure within such thirty (30)-day calendar period and thereafter
diligently and continuously prosecutes such cure to completion), the non-defaulting Party shall
have the right to pursue any one or more of the following remedies: (a) perform such
obligation contained in this Agreement on behalf of such defaulting Party and be reimbursed
by such defaulting Party upon demand for the reasonable costs thereof; (b) full and adequate
relief by injunction andlor all such other available legal and equitable remedies from the
consequences of such breach, including payment of any amounts due; (c) specific performance;
MIAMI 12',t 5569.5 77 13726901
810
andlor (d) record a lien against the Lincoln Center Parking Lot. Notwithstanding anything
contained herein to the contrary, no breach hereunder shall entitle any Party to cancel, rescind,
or otherwise terminate this Agreement.
10. No Waiver. No waiver of any default of any obligation by any Party hereto
shall be implied from any omission by the other Party to take any action with respect to such
default.
11. No Agency. Nothing in this Agreement shall be deemed or construed by either
Party or by any third person to create the relationship of principal and agent or of limited or
general partners or ofjoint venturers or of any other association between the parties.
12. Severability. Each provision of this Agreement is hereby declared to be
independent of and severable from the remainder of this Agreement. If any provision contained
herein shall be held to be invalid or to be unenforceable or not to run with the land, such
holding shall not affect the validity or enforceability of the remainder of this Agreement. In
the event the validity or enforceability of any provision of this Agreement is held to be
dependent upon the existence of a specific legal description, the parties agree to promptly
cause such legal description to be prepared.
13. Force Majeure Events. Except in the event of any emergency requiring
immediate action, whenever a period of time is herein prescribed for the taking of any action
by either Party, neither Party shall be liable or responsible for, and there shall be excluded from
the computation of such period of time, any delays due to strikes, riots, acts of God, shortages
of labor or materials, war, govefilmental laws, regulations or restrictions, or any other cause
whatsoever beyond the control of such Party.
14. No Dedication. Neither this Agreement nor City's limited rights to use of the
Lincoln Center Parking Lot, as set forth herein, shall be deemed a dedication, either express or
implied, of all or any portion of the Lincoln Center Parking Lot to City and/or its successors
and assigns.
15. Entire Agreement. This Agreement contains the complete understanding and
agreement of the parties hereto with respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby.
16. Amendment. The Parties agree that the provisions of this Agreement may be
modified or amended, in whole or in part, or terminated, only by the written consent of the City
and Lincoln, or their respective successors andlor assigns, evidenced by a document that has
been fully executed and acknowledged by the City and Lincoln, and or their respective
successors andlor assigns and recorded in the Official Records of Miami-Dade County,
Florida. The Parties agree that they shall not unreasonably withhold completion or delay their
written consent and approval of any amendment to this Agreement which is for the purpose of
complying with any applicable law or necessary for the development of the Lincoln Center
Parking Lot but only to the extent that such amendment to this Agreement does not adversely
affect, limit or modify the covenants and restrictions contained in this Agreement.
MIAMI 127 5569.5 77 13726901
811
ll. Attorneys' Fees. In the event any Party institutes any legal action or proceeding
for the enforcement of any right or obligation herein contained, the prevailing Party after a
final adjudication shall be entitled to recover its costs and reasonable attorneys' fees incurred in
the preparation and prosecution of such action or proceeding, at trial and at all appellate levels.
18. Notices. Whenever either party desires to give notice unto the other, it must be
given by written notice, (a) sent by certified United States mail, with return receipt requested,
(b) bV personal delivery with a signed receipt, (c) by recognized national overnight courier
service or (d) by facsimile, in any case, addressed to the party for whom it is intended, at the
place last specified; and the place for giving of notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this paragraph. Notices given
by an attorney for the City or Lincoln shall be deemed effective notices. For the present, the
parties designate the following as the respective places for giving of notice, to wit:
FOR CITY:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
Fax: (305) 673-7782
With a copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attomey
Fax: (305) 673-7002
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Eric Carpenter, Public Works Director
Fax: (305) 673-7028
FOR LINCOLN:
c/o Lincoln Center Associates,LLC
1300 Collins Avenue, Suite 100
Miami Beach, Florida 33139
Attn: Melvyn Schlesser
Fax: (305) 531-4173
MrAMI 127 5569.5 77 13726901
812
With a copy to:
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23'd Floor
Miami, Florida 33131
Attn: Adam Lustig, Esq.
Fax: (305) 351-2235
19. Estoppel Certificates. Either Party hereto, within ten (10) business days of its
receipt of a written request from the other Party shall from time to time provide the requesting
Owner with a written estoppel certificate duly executed stating:
(a) to the best of such Party's knowledge, whether the other Party is in default
or violation of this Agreement and setting forth with specificity the default or violation; and
(b) that this Agreement is in full force and effect and identifying any
amendments to the Agreement as of the date of such certificate.
20. Further Assurances. From time to time, at the request of either Party and
without further consideration, either Party shall execute and deliver any further instruments and
take such other actions as the other Party may reasonably require to accomplish the purposes of
this Agreement.
IREMAINDER OF PAGE INTENTIONALLY LEFT BLANKI
MIAMr 127 5569.s 77 13726901
813
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first set forth above.
WITNESSES:CITY:
CITY OF MIAMI BEACH, FLORIDA, A
municipal corporation of the State of Florida
By:
Sigr Name: Philip Levine
Title: Mayor
Print Name
Sigr
Print Name
ATTEST:
By:
Name: Rafael E. Granado
Title: City Clerk
STATE OF FLORIDA
COI.INTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 20014, by Philip Levine, as Mayor, and Rafael E. Granado, as City Clerk, of the
City OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf
of such municipal corporation. They are personally known to me or produced valid Florida
driver's licenses as identification.
Notary Public, State of Florida
My commission expires:
)
)ss:
)
814
WITNESSES:LINCOLN CENTER ASSOCIATES, LLC,
a Florida limited liability company:
Sigr By:
Name: Melvp Schlesser
Title: Managlng Member
Print Name
Sigr
Print Name
STATE OF FLORIDA )
)ss:
COLINTY OF MIAMI-DADE )
Theforegoinginstrumentwasacknowledgedbeforemethisdayo|-,
2014, by Melvyn Schlesser, the Managing Member of LINCOLN CENTER ASSOCIATES,
LLC, a Florida limited liability company. He is personally known to me or produced valid
Florida driver's licenses as identification.
Notary Public, State of Florida
My commission expires:
815
EXHIBIT IIA-1II
LEGAL DESCRIPTION OF CITY PROPERTY
A portion of Euclid Avenue Right-of-Way as shown on the plat of "SECONDCOMMERICAL SUBDIVISION OF THE ALTON BEACH RE,ALTY
COMPANY", according to the plat thereof, as recorded in PIat Book 6, at Page 33,
and the plat of '.LINCOLN SUBDIVISION", according to the plat thereof, as
recorded in Plat Book 9, at Page 69, both recorded in the Public Records of Miami-
Dade County, Florida; bounded on the North by the extension of the South Right-
of-Way Line of Lincoln Road; bounded on the South by the extension of the North
Right-of-Way Line of Lincoln Lane South; bounded on the East by the East Right-
of-Way line of Euclid Avenue and bounded on the West by the West Right-of-Way
Line of Euclid Avenue.
816
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN LANE
,+g\e
L I: ---EJ
20 40
SOUTH RIGHT OF WAY LINE OF
UrIICOLN ROAD (P.B' 6 ' PG' 33)
LINCOLN ROAD
LEGEND:
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
PC = POINT OF CURVATURE
PT = POINT ON TANGENCY
O.R.B. = OFFICIAL RECORDS BOOK
PG. = PAGE
oi7z0sa/> <>x6xOcovrr)=>\zo\o)<nALTJYOs
:-E 6
6=#'?r z;e
-J2<
U+ru-
=
LINCOLN LANE O.{,ltt
LOT 6
BLOCK 5OA
LINCOLN SUBDIVISION
OF'THE ALTON BEACH
REALTY COMPANY''
(P.8.9. PG.69)
LOT 7
BLOCK 51A
LINCOLN SUBDIVISION
OF'THE ALTON BEACH
REALTY COMPANY'
(P.8.9, PG.69)
Lg'|tqI,IYPS
8290 NW 64rx STREET
MlAMt, FL. 55r66
PHONE:(505) t+63-0912 FAX: (505)5 I 5-5680
WWW. LONG ITUDESURVEYORS. COM
NOTICE: Not full and complete without all two (2) pages.
JOB NO.: 13314
PAGE I OF 2
-[
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L:\13314 Erucid Av€ lrom LincoLn Ln io Lincoln Rd, Miomi Beoch, FL\dwg\Slerch ond Legols\11114 SL 06-0J-14.dsg 7/9/2014 1:a6:59 PM EO1
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LOCATION MAP (Nor ro scALE)
Lg)[.r,q|IYP-E 4-€oo,e: o/ar/f-----=-------i_
LEG^L DESCRIPION:
A ptrtion ot Euclid Avenue Righrot-Woy os shor/n on lhe plol of SECOND COturMErcnL SUBOIDIVISION OF IHE ALTON BEACH REALTY COMPANr. occording to the p|ot
lrher.of, ot /ccorded in Plol Boot 6, ol Pogc 33. ond lhe plol ot "l.lNCOtN SUBDlvlSlOM. occording to tho plol lficroof. os.ecord€d in plol Book I, ot poge t9. both
reco.clad in the Pubtic Records of Miomi-Dodc Counly. Flqido: boundcd on lhG l-,lorth by lhe cxtension of the Soulh Right of woy tine o, Lincoln Rood: boundEd on the
Sourh by lhe sxtension of lhe Norlh Rigfit of woy Une of Uncoln LonG Soulh; bounded on lhe Eost by the Eosl Right of woy Line of Euc[d Avcnuo ond bounded on the
Werl by lhe Wesl Righi of woy Line of Eucld Avenue.
Sold porccl ot lond lying ond being in lhe Oty ot Miomi Bcoch, Miomi-Dode Counly, Ro{ido ond conloining 10,576 Squorr Fccl. more or te!s, by colculotions.
The Logol Descriplion of thc fubiccl Porcel w6 generoled trom th. foltowing record documGnls:
I . Leoro Agreemenl ol thc Slolc of Horiclo, Boord ot Trustees ol lha htcrnol lmprovemenl Fund, rrcorcted in Officiol Records Book I 1793. ot poge 339, Mimoi-Dode
Counly Rccords.
2. Lcos8 Agr.amgnl of lhe Slole of flotido, Boord of Trutlees of lhc hlsmol hprovGmenl Fund. recordGd in Officiol Rccords Book I I 793, ol poga 334, Mimoi-Dode
Counly Records.
Eeodngs or shown hereon ore bosed upon the Wesl Line ot lhe NW l/,{ of Section 22, Township 52 Soulh, Rongr 42 Eost, Miomidode County. Fbrido. with on ossumed
bcoring of SOroOo{E.
No lnformolion uroi provided ot to lhe eislence of ony eosemcnls other lhol whot oppeoG on lhc underlying Plol of rocord. Plcosc refer to lhe l-imilolions itcm wilh
respecl lo porsxile reshiclions of record ond utllily services.
RESTRICTICINS:
ShcG no other informotion were fumirhed olher ihon whot ir ciled in the Sourcei of Dolo, lhe Cllenl is hereby odviicd lhol thcre moy be tegol rertrictions on the subject
propcrty tllol orG nol rhown on ihb Skctch or contoincd within thi! reporl lhol moy be found in lhe Pubfic Records of Miomi-Dode Counly, Ro.ido or ony othar publc onct
privole eniilica 03 lhoir juriscliclions m(,y oppeor.
Ihir documenl does not reprdGnl o field boundory survey of lhe descdbad property, or ony porl or porcel ther€of,
I hcreby c.rtify: Thol this Tketch lo Accompony L3gol Drscdplion" ond the Survcy Mop resulting lhcrefrom \^ros pertorm€d unclcr my direclion ond is lrur ond cofiacl lo
thc besi o, my kno^rlcdge ond belief ond further, lhol roid Skctch lo Accornpony Lcgol D€scfiplion" mectr lhe inlenl of the opplcobte provisions of the'Minimum
T.chnicolSlondordttorLondfurveyinginlheStotoof Rorido',pu6uonlloRulc5J-17.051 through5J-17.052of theFloridoAdmini5lroliveCodconditrimptcmrnlingtow,
Choplet 172.027 ot lhe Fbddo Slolutes.
LONGITUDE SURVEYORS LLC., o Floddo Umited l,iotr'fity Compony
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
POHTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN I-,ANE
S.n.i, P$i{
Surveyor ond Mopper 155?38
of Flodclo
8290 NW 64TH STREET
MlAMl, FL. 5st66
PHONE:(505)/.65-0912 FAX:(505)Sl5-5680
WWW. LONGITUDESURVEYORS. COM
Not volid withoul lhe rignoture ond originol robed reol ot o Fkxido Llccnsed
Surveyor ond Mopper. Adc,ilions or delerions to turvoy Mops by other lhon thc rigning porly ore
prohlbiled wilhoul lhe witlen consenl of lhe signing porty.
JOB NO.: l:Hll4
NOTICE t{ot tull and comCere wilhout all t$ro (2) p.Ccs. PAGE 2 Ot 2
u\J51. 06! AE t6 u6r^ b r. lfuh i( Ii6r E@h. R\drg\Fr.rEi ohd Lrytt\J!14 3L O6-O5-r..dE 7/"ltl20la r:{&5t il aDT
Floddo Corlificote ot Aulhorizotion Numbor 187335
818
n A-zn
LEGAL DESCRIPTION OF LINCOLN CENTER PARKING LOT
Lots 7 and 8 in Block 51.-A, LINCOLN SUBDMSION, according to the Plat thereof, as
recorded in Plat Book 9, atPage 69, of the Public Records of Miami-Dade County, Florida.
Folio No. 02-323 4002-0540
l0
819
EXHIBIT *B'
SKETCH OF EASEMENT AREA
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EXHIBIT ..I"
MAINTENANCE AGREEMENT
824
MANAGEMENT AGREEMENT FOR MAINTENANCE
OF EUCLID STREET END PEDESTRIAN MALL
THIS MANAGEMENT AGREEMENT FOR MAINTENANCE OF THE EUCLID
STREET END PEDESTRIAN MALL (this "Agreement") is made and entered into as of the _
day of , 2014, by and between the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation of the State of Florida (the "City"), and JAMECK DEVELOPMENT,
INC., a Florida corporation ("Manager").
RECITALS:
A. The City is the owner of certain right of ways along a portion of Euclid Avenue,
between Lincoln Road and Lincoln Lane South, along with a portion of the adjacent right of
ways, all lying in Miami Beach, Florida, more particularly described in the attached Exhibit
rrArr (the "City Property" or the "Project Site").
B. On June 5, 2013, the City Commission adopted Resolution No. 2103-28236,
approving a conceptual plan for street scape improvements in the City's Property, including but
not limited to, the removal of the disconnect vault and landscape, installation of new hardscape,
landscape and street lighting and the closure of the portion of Euclid Avenue to vehicular traffic,
from Lincoln Road to the north part of Lincoln Lane South, as part of an extension of the
pedestrian mall at the City Property (collectively referred to herein as the "Euclid Project
Improvements").
C. On June 11,2014, the City Commission adopted Resolution No. 2014-28628,
approving, on first reading, a Development Agreement between the City and Manager, for the
design, development, and construction of the Euclid Project Improvements at the City Property,
which is adjacent to property owned by Lincoln Center Associates, LLC ("Lincoln Center"), an
affiliate of Manager, located at 670 Lincoln Road, Miami Beach, Florida, Folio No. 02-3234-
003-0060 (the "Lincoln Center Property").
D. On July 23, 2014, the City Commission adopted Resolution No.
approving, on second reading, a Development Agreement
between the City and Manager, for the design, development, and construction of the Euclid
Project Improvements at the City Property, which is adjacent to property owned by Lincoln
Center, located at the Lincoln Center Property.
On the City and Manager entered into a Development
Agreement, recorded in Official Records Book _) Page _ of the Public Records of
Miami-Dade County, Florida (the "Development Agreement").
F. Section 52.6 of the Development Agreement provides that: Developer shall
perform the following maintenance of the Euclid Project Improvements: (i) sweeping of the
street located within the Project Site; (ii) trash removal within the Project Site; and (iii)
maintenance of the landscaping contained within the Project Site. In accordance with Section
52.6 of the Development Agreement, the City and Manager desire to enter into this Agreement to
set forth the terms and conditions of Manager's management and oversight of the Project
Maintenance Responsibilities (as defined below) of the City Property.
E.
825
NOW, THEREFORE, for and in consideration of the premises and the mutual
covenants and agreements contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Recitals. The above recitals are true and correct and incorporated herein by
reference.
2. Retention. The City hereby retains Manager, and Manager hereby agrees to
provide management and oversight of the Project Maintenance Responsibilities, as more
particularly set forth herein. Manager shall use its reasonable efforts, skill, judgment and
abilities in the discharge of its duties under this Agreement.
3. Services to be Performed b), Manager. Manager agrees to perform the following
functions and services with respect to the maintenance of the Project Site (the "Project
Maintenance Responsibilities") :
(a) Pursuant to the Historic Preservation Board's Certificate of
Appropriateness, dated October 8,2013 ("HPB File No. 7385"), Manager, in connection with the
development of the Euclid Project Improvements, is required to comply with various conditions
including, without limitations, submitting an initial landscape plan ("Initial Landscape Plan"),
which includes, without limitation, (i) retaining the two large Copper Pod trees located at the
planter closest to Lincoln Road, unless the City determines that they need to be replaced; (ii)
introduction of large canopy trees within the northern portion of the southernmost oval planter;
and (iii) introduction of other small size accent palms trees, other shade trees, and other
landscape which may be introduced simultaneously with or subsequent to the implementation of
the tnitial Landscape Plan, a copy of which is attached hereto as Exhibit "B".
(b) Section 52.6 of the Development Agreement provides that: Developer
shall perform the following maintenance of the Euclid Project Improvements: (i) sweeping of
the street located within the Project Site; (ii) trash removal within the Project Site; and (iii)
maintenance of the landscaping contained within the Project Site, including but not limited to the
initial landscape which Manager is required to provide, pursuant to the "Initial Landscape Plan,
as said Initial Landscape Plan may be replaced and/or modified by the City in the future.
Thereafter, Manager will only be required to maintain the landscaping and the City shall be
responsible for replacement of the landscape, as needed, in the City's reasonable discretion.
Without releasing or excusing Manager's maintenance obligations under Sections 3(bxi) and (ii)
herein, the City, at its sole discretion, may undertake to maintain a portion or all of the
landscaping at the Project Site, upon thirty days written notice to Developer, thereafter releasing
Developer of any further obligation to maintain the landscaping responsibilities assumed by the
City.
(c) The Director of the Public Works Department of the City, or his designee,
shall be designated as the "Contract Administrator" for matters concerning this Agreement. The
City agrees that a single person shall serve as Contract Administrator under this Agreement and
the City shall notify Manager of the person who shall serve as Contract Administrator and of any
changes in who seryes as Contract Administrator.
MrAMr 1987 t29.6 77 t3'7 2690 1
826
(d) Manager will be responsible to ensure that the Project Maintenance
Responsibilities meet the "Extremely Clean" standard as set forth in the Cleanliness Index for
Streets, Sidewalks, Right-of-Ways, Parks, Parking and Alleys established by the City of Miami
Beach, which are set forth in the attached Exhibit "8", with the exception that the Manager shall
not be required to maintain the garbage cans located at the Project Site.
(e) Manager will be responsible for the Maintenance Program meeting the
City of Miami Beach Public Area Cleanliness Index standards, which are set forth in the attached
Exhibit "C", with the exception that the Manager shall not be required to maintain the garbage
cans and further subject to the terms and conditions set forth in Subsection 3(b) herein.
4. Manaeer's Responsibilities. The liability and responsibility of Manager for a
default by it under the terms of this Agreement will be limited to the actual damages incurred by
the City, its officers, directors, agents, and employees resulting from Manager's breach under this
Agreement (after expiration of any applicable notice and cure period) or Manager's willful
misconduct or gross negligence. Manager shall be responsible for the gross negligence of
Manager's employees, agents, and/or contractors. In no event will Manager be liable or
responsible for consequential, incidental or punitive damages. It is understood that the
responsibility for compliance with laws in connection with the Maintenance of the City Property,
as lies within the Manager's Project Maintenance Responsibilities, shall be the responsibility of
the Manager. Except as expressly set forth in this Agreement, Manager has made no
representation whatsoever to the City with respect to the maintenance of any portion of the
Project Site, which does not fall within the purview of Manager's Project Maintenance
Responsibilities.
5. Indemnification from Contractors. All contracts entered into by Manager with
Contractors performing Maintenance of the City Property shall provide that such Contractors
indemnify and hold harmless and agree to defend the City from any and all actions, causes of
action, claims, liabilities, demands, losses and expenses of any kind whatsoever for damage to
property or injury to or death of persons, including, without limitation, reasonable attorneys' fees
and court costs at trial and all appellate levels, which may be filed or made against Manager
and/or the City, and their respective officers, directors, partners, agents, affiliates, employees,
successors and/or assigns, as a result of the actions or inactions of such Contractors in connection
with the Maintenance of the City Property performed or required to be performed by such
Contractors, except to the extent such claims result from Manager's and./or the City's gross
negligence or willful misconduct.
6. Indemnification from Manager. Manager hereby indemnifies and holds harmless
and agrees to defend the City from any and all actions, causes of action, claims, liabilities,
demands, losses and expenses of any kind whatsoever for damage to property or injury to or
death of persons, including, without limitation, reasonable attorneys' fees and court costs at trial
and all appellate levels, which may be filed or made against the City, and its respective officers,
directors, partners, agents, affiliates, employees, successors and/or assigns, as a result of the
actions or inactions of Manager in connection with the maintenance of the City Property
performed or required to be performed by this Management Agreement, except to the extent such
claims result from the City's gross negligence or willful misconduct.
MIAMI 1987 I 29.6 7 7 13',7 26901
827
7. Cooperation. Should any claims, demands, suits or other legal proceedings be
made or instituted by any person against the City or Manager which arise out of the matters
relating to this Agreement, Manager or the City shall provide the other party all pertinent
information and reasonable assistance, in the defense or other disposition thereof.
8. Term. This Agreement shall commence on Final Completion of the Work and
continue until the date that is ten (10) years following the date thereof (the "Term"), unless
terminated sooner in accordance with the terms of this Agreement.
9. Default.
(a) If Manager breaches its obligations as specified herein, then the City shall
give Manager written notice specifying the nature of the default and Manager shall have thirty
(30) days after receipt of such notice within which to cure the specified default; provided,
however, if the nature of such default is such that the same cannot reasonably be cured within
such thirty (30) day period, Manager shall not be deemed to be in default if Manager shall,
within such period, commence such cure and thereafter diligently prosecute the same to
completion; provided further, however, that the maximum cure period for any default hereunder
shall not exceed ninety (90) days from the date of the initial written notice of default from the
City to Manager. If the default is not cured within the applicable cure period, or if Manager
becomes the subject of any bankruptcy or insolvency proceeding, then the City may, on written
notice to Manager, terminate this Agreement.
(b) If the City breaches its obligations as specified herein (and same are not
waived in writing by Manager), then Manager shall give the City written notice specifying the
nature of the default and the City shall have ten (10) days after receipt of such notice, in the case
of a monetary default, or thirty (30) days after receipt of such notice, in the case of a non-
monetary default, within which to cure the specified default; provided, however, if the nature of
such default is such that the same cannot reasonably be cured within such thirty (30) day period,
the City shall not be deemed to be in default if the City shall, within such period, commence such
cure and thereafter diligently prosecute the same to completion; provided further, however, that
the maximum cure period for any default hereunder shall not exceed ninety (90) days from the
date of the initial written notice of default from Manager to the City. If the default is not cured
within the applicable cure period, then Manager may, on written notice to the City, terminate this
Agreement.
10. Termination for Convenience by City. The City shall have the right to terminate
this Agreement for convenience at any time upon ninety (90) days' prior written notice to
Manager. In the event Lincoln Center sells the Lincoln Center Property, either MANAGER or
CITY shall have the right to terminate this Agreement upon thirty (30) days' prior written notice
to the non-terminating party.
1 1. Representations and Warranties by the City. The City represents and warrants to
Manager that (a) the City has all necessary power to execute and deliver this Agreement and
perform all its obligations hereunder, (b) this Agreement has been duly authorized by all
requisite action on the part of the City and is a valid and legally binding obligation of the City
enforceable in accordance with its terms, and (c) neither the execution and delivery of this
MrAMr t 98'7 129.6 7 7 t3',7 2690 1
828
Agreement by the City nor the performance of its obligations hereunder will result in the
violation of any law, rules or regulations or any other agreement to which the City is a party or is
otherwise bound.
12. Representations and Warranties by Manaeer. Manager represents and warrants to
the City that (a) Manager is a corporation duly organized, validly existing and in good standing
under the laws of the State of Florida, is authorized to transact business under the laws of the
State of Florida and has all necessary power to execute and deliver this Agreement and perform
all its obligations hereunder, (b) this Agreement has been duly authoizedby all requisite action
on the part of the Manager and is a valid and legally binding obligation of Manager enforceable
in accordance with the terms, and (c) neither the execution and delivery of this Agreement by
Manager nor the performance of its obligations hereunder will result in the violation of any
provision of its articles of incorporation or any other organizational or governing document as
amended to date, or will conflict with (i) any law or any order or decree of any court or
govemmental instrumentality having jurisdiction or (ii) any other agreement to which Manager is
a party or is otherwise bound.
13. Sidewalk Cafe Restriction. As an inducement to enter into this Agreement, City
has required, and Manager has accepted, that the Project Site shall be a "No Table" zone.
Accordingly, no sidewalk caf6s, as defined in the City's Sidewalk Cafe Ordinance (as codified in
Sections 82-366-82-387 of the City Code), will be allowed at the Project Site. This prohibition
shall include, without limitation, the use of nonpermanent fixtures, furnishings and equipment
associated with the operation of a sidewalk cafe, including without limitation, tables and chairs,
which may be shaded by awnings, canopies or umbrellas; umbrellas; planters; heaters; fans;
filling service stations; service carts; bussing stations; and menus and/or specials boards.
Additionally, Manager acknowledges and agrees that the City's Sidewalk Caf6 Ordinance will be
amended to reflect the prohibition of sidewalk caf6s at the Project Site.
14. Assisnment. This Agreement and all rights hereunder, shall not be assignable by
either Manager or the City without prior written consent of the other, except that Manager shall
be permitted to assign this Agreement to an entity controlling, controlled by or under cofllmon
control with Manager.
15. Successors and Assi8ns. This Agreement shall inure to the benefit of, and be
binding upon, the parties hereto and their respective successors and assigns.
16. Notice. All notices, demands, requests, consents and approvals which may, or are
required to, be given by any party to any other party thereunder shall be in writing and either (a)
personally delivered, (b) transmitted by fax, (c) sent by United States mail, registered or
certified, postage prepaid, return receipt requested, or (d) sent by a nationally recognized
overnight delivery service, freight prepaid, return receipt requested, and addressed as follows,
and shall be deemed given upon receipt if delivered personally, upon the sending machine
printing a confirmation of transmission, if transmitted by fax, or upon the date of delivery (or
refusal to accept delivery) on a business day (or the next succeeding business day, if not
delivered on a business day), as evidenced by the return receipt ifsent pursuant to subsection (c)
or (d) above, at the address specified below, or to such other addresses as either party may from
MIAMr t987 t29.6 77 t3726901
829
time to time designate in writing and delivery in a like manner. Notice given by an attorney for
either party shall be deemed as effective notice given by such party.
The City: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
Fax: (305) 673-7782
With a copy to:
Manager:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attomey
Fax: (305) 673-7002
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Eric Carpenter, Public Works Director
Fax: (305) 673-7028
Jameck Development, Inc.
1300 Collins Avenue, Suite 100
Miami Beach, Florida 33139
Attn: Melvyn Schlesser, President
Fax: 305-531-4173
17. Insurance.
(a) City Election to Self-Insure. The City has elected to self-insure the City
Property against physical damage and against liability for loss, damage or injury to property or
persons that might occur on the City Property or to the lmprovements located on the City
Property. The City shall be responsible for paying for the cost of repairing any damage to the
Improvements located on the City Property; provided, however, that in the event that the City
Manager, in his sole and reasonable discretion, determines that there are insufficient (or no)
funds to repair the City Property and/or the Improvements to their existing condition
immediately prior to the occurrence or event which caused the damage, then the City shall only
be obligated to initiate such repairs to the extent that funding is available and identified and, even
then, the City's priority in making such repairs (before any aesthetic consideration) shall first be
to assure that neither the damaged portion(s) of the City Property nor the Improvements pose a
serious threat to the public health, safety, or welfare. The City shall notiff Manager within a
reasonable time following the occurrence or event of damage, the repairs to be made and the
proposed timeline for same; notwithstanding, the City shall have sole and absolute control over
the means, methods, and materials, as it deems necessary, to prosecute any repairs, and shall
M rAMr t987 129.6 7 7 1 37 2690 I
830
have no liability to Manager as result of same (nor shall any City determination or decision in
prosecuting any repairs be deemed a City default under this Agreement). Manager shall not be
responsible or liable for making or paying for any such repairs, unless they relate to Manager's
Project Maintenance Responsibility.
(b) Contractor's Insurance. Manager shall provide, or cause to be provided
and thereafter maintain insurance coverage, in the following minimum amount unless otherwise
set forth in the construction contract between the City and the Contractor:
(i) Workmen's Compensation - Statutory Amount;
(ii) Employer'sLiability($100,000minimum);
(iii) Broad Form Commercial General Liability (naming the City and
Manager as additional insured): $1,000,000 per occurrence, combined single limit; $2,000,000
in the aggregate;
(iv) Auto Liability ($1,000,000 minimum); and
(v) Property Insurance: coverage for tools and equipment brought
onto or used on the City Property by the Contractors in an amount equal to replacement costs of
all tools and equipment.
All insurance policies required pursuant to this section shall have the City listed in such policies
as additional insureds. Each policy shall be primary and non-contributory and shall contain an
endorsement requiring thirty (30) days written notice from the insurance company to the City
before cancellation or any change in the coverage, scope or amount of any policy. Renewal
certificates or copies of renewal policies shall be delivered by Mayor to the City at least thirty
(30) days prior to the expiration date of any policy. The Contractors shall procure an appropriate
clause in, or endorsement on, each of its insurance policies required hereunder whereby the
insurer waives subro gation.
18. Partial Invalidity. In the event that any one or more of the phrases, sentences,
clauses, or paragraphs contained in this Agreement shall be declared invalid by final and
unappealable order, decree, or judgment of any court, this Agreement shall be construed as if
such phrases, sentences, clauses, or paragraphs had not been inserted in this Agreement, it being
intended by the parties that the remaining provisions of this Agreement shall remain in full force
and effect notwithstanding such invalidation.
19. No Joint Venture. It is not intended by this Agreement to, and nothing contained
in this Agreement shall, create any partnership, joint venture, limited liability company or other
arrangement between the City and Manager other than that of owner and independent contractor.
No term or provision of this Agreement is intended to be, or shall be, for the benefit of any
person not a party hereto, and no such other person shall have any right or cause of action
thereunder.
MIAMI t987 129.6 77 13726901
831
20. Governing Law. This Agreement and the rights of the parties hereto shall be
governed and construed in accordance with the laws of the State of Florida and all claims related
to this Agreement shall be brought and prosecuted in Miami-Dade County, Florida, which shall
be the exclusive venue for all such matters. Before resorting to litigation, the parties agree to use
commercially reasonable, good faith efforts to resolve disputes without litigation as hereinafter
provided. In the event of a dispute which the parties cannot resolve directly between themselves
within ten (10) days, the parties agree to submit to non-binding mediation for up to a period of
thirty (30) days after either party sends written notice to the other party demanding mediation
(but no longer unless the parties mutually agree) to resolve the dispute using an independent,
trained mediator agreed to by both parties. If the dispute remains unresolved after such thirty
(30) day period or if the parties cannot agree upon a mediator within fifteen (15) days after the
demand for mediation, either party may proceed to commence litigation. The parties shall
equally split the cost of the mediator.
21. Enforcement. In the event of any dispute under this Agreement concerning the
meaning or interpretation of any provision of this Agreement, the party not prevailing in such
dispute shall pay any and all costs and expenses reasonably incurred by the other party in
enforcing or establishing its rights thereunder, including, without limitation, court costs and
reasonable attorney's fees before and at trial and through all appellate levels.
22. Entire Agreement. This Agreement constitutes the entire agreement between the
City and Manager with respect to the subject matter hereof, and supersedes and replaces all prior
or contemporaneous discussions, negotiations, letters, memoranda or other communications, oral
or written, with respect to the subject matter hereof. This Agreement may only be subsequently
modified or amended in a writing signed by both the City and Manager.
23. Amendments. No change, amendment or modification of this Agreement shall be
valid or binding upon the parties hereto unless such change, amendment, or modification shall be
in writing and duly executed by all parties hereto. The City and Manager, by mutual written
agreement, can expand the scope of this Agreement to cover management of the maintenance of
other sections of Lincoln Road and/or the future Lincoln Park.
24. No Waiver. Any waiver by any party of a breach of any provision of this
Agreement shall not operate as, or be construed to be, a waiver of any other breach of such
provision or of any breach of any other provision of this Agreement. The failure of a party to
insist upon strict adherence to any term of this Agreement on one or more occasions shall neither
be considered a waiver nor deprive that party of any right thereafter to insist upon strict
adherence to that term or any other term of this Agreement. Any waiver must be in writing and
signed by the party to be charged therewith.
25. Waiver of Jury Trial. The parties to this Agreement hereby agree not to elect a
trial by jury of any issue triable of right by jury, and waive any right to trial by ju.y fully to the
extent that any such right shall now or hereafter exist with regard to this Agreement or any action
or proceeding in which more than one of such parties may be involved. This waiver of right to
trial by jury is given knowingly and voluntarily by the parties hereto, and is intended to
encompass individually each instance and each issue as to which the right to trial by jrr.y would
M IAMI 1987 t29.6 7 7 13',7 2690 I
832
otherwise accrue. The parties hereto are each hereby authorized to file a copy of this paragraph
in any proceeding as conclusive evidence of this waiver.
26. Exculpation of Manager. Notwithstanding anything contained in this Agreement
to the contrary, upon the occurrence of any claim under this Agreement or termination caused by
Manager's default, the recourse of the City against Manager shall be limited to the actual
damages incurred by the City resulting from Manager's material breach under this Agreement
(after expiration of any applicable notice and cure period) or Manager's willful misconduct or
gross negligence for the recovery of any judgment from Manager, it being agreed that any
officers, shareholders, partners, members, managers, directors, employees or agents of Manager,
any members in the entity comprising Manager and any subsidiaries or affiliates of Manager
shall never be personally liable for any such judgment and are hereby unconditionally and
irrevocably released, satisfied and forever discharged ofand from any and all actions, causes of
action, claims, demands, losses, costs and expenses, whether direct, contingent or consequential,
liquidated or unliquidated, at law or in equity, that the City has or may or shall have.
27. Exculpation of the Citlu. Notwithstanding anything contained in this Agreement
to the contrary, upon the occuffence of any claim under this Agreement or termination caused by
the City's default, the recourse of Manager against the City shall be limited to the actual
damages incurred by Manager resulting from the City's material breach under this Agreement
(after expiration of any applicable notice and cure period) or the City's willful misconduct or
gross negligence, it being agreed that any employees or agents of the City shall never be
personally liable for any such judgment and are hereby unconditionally and irrevocably released,
satisfied and forever discharged of and from any and all actions, causes of action, claims,
demands, losses, costs and expenses, whether direct, contingent or consequential, liquidated or
unliquidated, at law or in equity, that Manager has or may or shall have.
28. Counterparts: Facsimile. This Agreement may be executed in counterparts, each
of which shall be deemed an original and all of which together shall constitute one and the same
instrument. A facsimile signature shall be deemed for all purposes to be an original.
ISTGNATURES TO FOLLOW ON NEXT PAGE]
MrAMI 1987 129.6 77 13726901
833
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed,
by and through their duly authorized representatives, as of the date first written above.
WITNESSES:CITY:
CITY OF MIAMI BEACH, FLORIDA, A
municipal corporation of the State of Florida
By:
Sigr Name: Philip Levine
Title: Mayor
Print Name
Sig,
Print Name
WITNESSES:
ATTEST:
By:
Name: Rafael E. Granado
Title: City Clerk
MANAGER:
By:
JAMECK DEVELOPMENT, INC.,
a Florida corporation
Melvyn Schlesser
President
Sigl
Print Name
Sig,
Print Name
MIAMr 1 987 129.6 7 7 137 26901
834
EXHIBIT *A'
CITY PROPERTY
A portion of Euclid Avenue Right-of-Way as shown on the plat of *SECOND
COMMERICAL SUBDIVISION OF THE ALTON BEACH REALTY
COMPANY", according to the plat thereof, as recorded in Plat Book 6, at Page 33,
and the plat of "LINCOLN SUBDMSION', according to the plat thereof, as
recorded in Plat Book 9, at Page 69, both recorded in the Public Records of Miami-
Dade County, Florida; bounded on the North by the extension of the South Right-
of-Way Line of Lincoln Road; bounded on the South by the extension of the North
Right-of-Way Line of Lincoln Lane South; bounded on the East by the East Right-
of-Way line of Euclid Avenue and bounded on the West by the West Right-of-Way
Line of Euclid Avenue.
MrAMI 1987 129.6 77 13726901
835
EXHIBIT *B'
CLEANLINESS INDEX STANDARDS
MIAMr t987 129.6 7'7 13726901
836
EXHIBIT *C"
GROUNDS MAINTENAIICE SERVICE STANDARDS
MIAMI 1987 129.6 77 13726901
837
EXHIBIT "A"
CITY PROPERTY
A portion of Euclid Avenue Right-of-Way as shown on the plat of "SECOND
COMMERICAL SUBDIVISION OF THE ALTON BEACH REALTY
COMPANY", according to the plat thereof, as recorded in Plat Book 6, at Page 33,
and the plat of "LINCOLN SUBDMSION', according to the plat thereof, as
recorded in Plat Book 9, at Page 69, both recorded in the Public Records of Miami-
Dade County, Florida; bounded on the North by the extension of the South Right-
of-Way Line of Lincoln Road; bounded on the South by the extension of the North
Right-of-Way Line of Lincoln Lane South; bounded on the East by the East Right-
of-Way line of Euclid Avenue and bounded on the West by the West Right-of-Way
Line of Euclid Avenue.
MIAMI 1987 129.6 77 137 26901
838
8290 NW 64TH STREET
MrAMt, FL. 55r66
PH0NE:(505) 163-0912 FAX:(505)51 5-5680
WWW. LONG ITUDESURVEYORS. COM NOTICE: Not full and complete without all two (2) pages.
JOB NO.: 13314
PAGE I OT 2
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN LANE
SOUTH RIGHT OF WAY LINE OF
iir.tcolN RoAD (P.B. 6 , PG' 33)
Lq'|r,gI,IYPS
LEGEND:
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
PC = POINT OF CURVATURE
PT = POINT ON TANGENCY
O.R.B. = OFFICIAI RECORDS BOOK
PG. = PAGE
SCALT
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el f, " gt*l \m Elm ,tr II \; *,]:**,l,ooIl
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o=qa Ht r ri =l .ti ',i Ei z^4,-U6 Eg i ll dl ilI, u -a 8+
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ls$ltt I " \ "L-- 1r-tF: L.TTLoT6 ,rll I lrr li BLocKslABLocK5oA l, 1,""n I ss.o,l ; i uscorxSUBDlvlsloN
LtNcoLNsuBDlvlsloN'ffi oF'THEALTONBEACH
oITnE ALToN BEACH I I IlI , ll I i REALTY CoMPANY"-'i,'"1't?3:;)" llil I tu ll (PBePG6e)
Lr\1JJ14 Erlcid Av6 r.om Lincoln Ln to Lincoln Rd, Miohi 8eoch, FL\drg\Sketch ond Legols\1JJ14 SL O6-0J-14.dwg 7/9/2A14 1:a6:59 Pil EAl
839
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF EUCLID AVENUE RIGHT OF WAY
BETWEEN LINCOLN ROAD & LINCOLN IANE
ffiffiffiffiHE
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ffiEE
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LOCATION MAP (Nor ro scALE)
LEGAL DESC8FIION:
A p6tiq1 of tudid Avonuc Righhof-woy c,s shorrn on the plsl of TECONO CCI l Ercl^L $J'DIDNEION OP IHE ALTOT{ BEACH REALW COMPANT, occoding lo thc pbt
trfi€r.o(, o3 rGcord.d in Plot Book 6. ot Pogr a!. ond the plol of tt{COLhl St BDtvSOtf. occordhg to th. ptot tfi.rtot, or rccodod in ptol Book 9. ol poge 69. both
,Gcddrd h tha Public Rccord3 of Miqniooch County. Fldidg bo/ndad on the tlorrh by the cdrnion of th. Soulh Sghl of woy ttne of tincofr Rood: bo{rldcd on the
Soulh by lhe .Jdendon of lhc North Eglrl ot woy Uno of Uncdn Lqrr Soulh: boundcd on the Eost bry thc Eosf Rbhl oI Woy Line of Brc{d Avcnuo ond bounded m ths
yvod by lho W6l Sghl of Wry Lins of fucld AvGnue.
Soic, porc.l ot loncl lying ond being in lh. City ot Momi lcoch. Miomi-DodG Cosnly, Roddo ond conloining 10,578 Squora fccl, rndc s 1r.6" by colculotio(r'.
The togol Dctcrblidl ot tha Srrtiacl Porccl w6 gcneroted trom lhc folo,ving ccord documcnl':
I . teor. Ag(r.rrunl of thr Stoto of Hstcto, loord of Tn,'tcar ot thG lnfamoa [flprovcrnenl fund. rccorctcct h Oftci, Reco{rrs aook I 1793. ot PogG !tii9, Mimoioode
CorJrW Racodr.
2. Lac. Agracmoril ol the Stote of Ho,ido. Boord of lru'LGr of thG lnlrmd |rnprovtmcnt fun4 recdd.d in Offidol Rrcords Book I 1793. ol pogc 334, tvlinoioode
Cqrnty tecordJ.
lcodng[ 6 thown hercon ote bced upon ttE Wert the ot the tlw I /,t ot Scction 22, Tou,n$ip 52 South, Ro.rgG 42 Eori, ,vlirri-dode Cosnty. Ftorido, with clrr ole,rmed
b.orheof SOroO(xE
E'ISEilENIB AND ENCUIMANCES:
No hfiomotk fl *us provldrd ot to lhc exidcncc of qry aGamanlt other lhot wt'rot opprors on thG urdrrlying Plol of rGcord. Plrorr tcflr to lhe tinilotirt! ilam with
retpccl to posslrle r!3trictions of racord ond utl[ty seNicer.
iEITRETICII€:
Shca no othar hl(,rnoflon wrrr turnbhed olhet thon whol is cllcd in the Sourccs of Dolo, lha C[ent ir mr.by odvbed tf]of lhcra firoy be tegot rerlriclionr on lhr rubiact
plopcrty lllot ora nol thc^rrn on thb Skctch orconloincd wilhin thb report lhot moy bo hrnd in lho PdrIc Rccords ol Miomi-.Docle County, Ho.ldo orony otharpublc ond
prlvole.nlilias G thair jurisclctions moy oppcor.
Thir documcnl docs nol rcpra.cnl o field boundory survey of fhe drscribod properly. or ony pod or porcd th€oof.
SUiVEYORIS CEFTIFICAIE:
I tLrcby catlilt lhot thb Tketch to Accompony Logol D.scrlption'ond lhe Suwoy Mop reiulthg th.r.ftom uros padorm.d unclar nry direclion ond B lrug ond cot?.ct lo
iha balt ol my knq,vladgc ond belict ond furlhcr. thot rold Xketch lo Accornpony Lagol Dcacfiption' mGcts lhe lnt.nl of the opplicoble proddonr of lhe 'Mrimum
Lchnicol Slondordi tor lond turvcyhg in lh. Stolo ol Fldidcf, puruont to RUL SJ-l7OSl ihrough 5,117.052 ot lhe FMdo Ac,rninidrolivr Cod. ond itt imptcmlnling tow,
CtE,glat 172.t?7 of th. Floddo Slolutes.
Rcrlclo Ccrtificot. ot Autho,irctim Nuribar 187335
L@gr,qrIypH
8290 NW 64TH STREET
HtAMt, FL. 55t66
PHONE:(505)465-0912 FAX:(505)515-5680
WWW. LONGITUDESURVEYORS. COM
Sulvayor ond Moppor. AdcliliorE or clalollons lo fuwry Mopt by olharthon tlc dgning porty orc
prohlbllcd wilhoul lhe writl.n corEcnl of lhe riening porty. JO! lto.: l&rl4
M)TICE llot tld and complttc wihout .ll t$,o (2) p.ecr. ?AGl 2 Ot 2
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840
EXHIBIT "8"
CLEANLINESS INDEX STANDARDS
MIAMI 1987 129.6 7 7 137 2690 I
841
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i
844
Ciry of n{iami Beach
Public Area Cleauliness Indoi
'i 1
Thetwo tables
The cleanliness inda makcs rcfuonces to smali and large litter, whioh can directiy ajfect the
cleadinoss scorc of a public area- -The defi:rition used to distinguish the difference betweeo
small and lage litter camo from the Fiorida Center for Solid and Hazardous Waste Mana,gement
(fbc Ceoter). Each year the Center conducts a roadside litter survey for the State of Florida and
is fi:nded tlrough the Florida Deparhoent of Environmental Protection (FDEP). Starting b
1993, tbe Florida Legislah:re designated the Center ana n:oaea Ae htter survey to measue
progress toward the state's litter reduction goal as defned in the Solid Waste Management Act.
Usingthe Cearter's defiaition forlitter, iteurs orpieces of items four square inches orlargcrin
siz,e arc classified as 'iiarge litter," and items orpieces of items r:nder foru sguare rnches are .
classified as "sma]l litter." 'As arefereir'ce, the figurcbclow contaias three templatos of 4 squaro
inelr areas in a rectdnglq squaie, and ror:nd shape are dcpicted in the f.grue below. If ttre liter'. :
fits in any of these areas, then it is considered sraall litter. -If ttre litter is too big to fit in any of
these areas, ften it is consirlered.large litter..
following the templates coatain exampies of small versus large iitter or kash.i
Exaniples of Small Litter. Cigarette butts. Bdttle caps
' Skaws. Candypackagfuig aod wrappers. Polyfoam packing materials
I . Plastic expresso coffee cups
.('l
t*-)
Templatcs for Small Littff Distinotions
IO
845
CitJ'of Mia 'Beach
Public Area Cleanli:ress Inder
t . Examples of I*ree Litier. . Beer cans. Beerbottles. Softdrink(giasO. Soft drink (cans). Soft drink (piastic). Sport drhk fufass)
; Sportdrink(plastic) ': . : :.. 'Wine / Liquor (g1as0
.. Wine / Liquor (plastic/other) . . ..
. Plastic drink ci:ps
' . PlPe'r CuPs (IIot)
. : Paper Orys (ColO. Polystyrene cups (fo.am):. . . ." ' orPuhs - - ! " " '. Plastic retail bags. Paper retarl bags. Paper bags -fast food
( ) - L Piasticbags-notretail-t
Paper bags -notrstail
Zipper bags /sandwich b ags. Cardboardboxes. . Paperboard (cereal type)
" Paper beve'rage cases. . P).as$c jrs I bot{sy lirls
, . Glasi jars / bottles misc.o eans _ sf.eelo Q,eRs - aiumiuuo. Aerosol cans
' Pape,r food wrap. Ute,nsils
' Napkins. Paperfastfoodplates. Poly fast food plates. Clothing. Printed materials (oewspapers, flyers, books, erc.)
i*,)
11
846
EXHIBIT ..C"
GROUNDS MAINTENANCE SERVICE STANDARDS
MIAMI 1987 129.6 7 7 137 2690 I
847
APPENDIX 1O
CMB GreenSpace Division Grounds Maintenance Seruice Technical Specifications
4 TECHNICAL SPECIFIGATIONS
4.1 PURPOSE
These specifications designate the manner in which basic maintenance tasks will be
performed in order to achieve the overall Quality Objective, which is to maintain the
landscaping, irrigation, pedestrian walking surfaces, hardscape planters/structures, water
features, electrica[ service and furniture on the listed sites in a vigorous, healthy, growing,
safe, clean, and attractive condition throughout the year.
4.2 STANDARDS AND REFERENCES
The Contractor's Representatlve shall be well versed in Florida maintenance operations and
procedures. All employees shall be competent and skilted in their particular job in order to
insure that they properly per{orm the work assigned.
The following organizations provide standards and publications which may be used as a
guide for conducting grounds maintenance and services, under the Contract:
A. Florida Cooperative Extension Services, 18710 SW 288th Street, Homestead,
Florida, 33030.
B. Florida Turf-Grass Association, lnc., 302 Graham Avenue, Orlando, Florida,
32803-6399.
C. National Recreation and Park Association, 1601 N. Kent Street, Arlington,
Virginia, 22209.
D. Florida Recreation and Park Association, 1406 Hays Street, Suite 1,
Tallahassee, Florida, 32301 .
E. Florida Department of Transportation, "Manual on Traffic Controls and Safe
Practices for Street & Highway Construction, Maintenance and Utility
Operations."
4.3 MATERIALS
All materials supplied and used by Contractors shall be the best kind available and used in
accordance with manufactureCs directions. Commercial products such as fertilizers,
pesticides, cleaning chemicals, water treatment chemicals, paint, and epoxy coverings shall
bear the manufacture/s label and guaranteed analysis. City inspectors may require tests
and reject materials not meeting these specifications or manufacturer's guarantee.
4.3.1 Replacement
Any plants which are damaged or die as a result of improper maintenance or lack of
sufficient maintenance shall be replaced by the Contractor, at no cost to the City,
-1-Appendix 10
848
within 10 calendar days upon discovery by the Contractor or notification by the City.
The following criteria shall be used to determine if replacement is necessary.
4.3.1.1 Plants are not in a healthy growlng condition and this renders them below the
minimum quality standard (Fla.#1 ).
4.3.1.zThere is a question of any plants ability to thrive after the end of the thirty four
(34) month maintenance period that would render it below the minimum
quality standard (Fla.# 1).
4.3.1.3The plant material is dead.
4.3.2 The ten (10) calendar days may be extended due to seasonal conditions,
availability, preparation time such as root pruning, etc., only if approved by the City, in
advance. The extended time shall be negotiated between all parties concerned, but
must receive final approval by the City. After the 10 day replacement period, the City
may perform the work and withhold monies due to the Contractor for materials and
labor costs.
4.3.3 Size, Quality and Grade of Reptacement
4.3.3.1Replacement material shall be of the same brand, species, quality and grade
as that of the materialto be replaced, or it shall conform to the Florida Grades
& Standards for nursery plants Ftorida #1 Quality, whichever is higher. The
size of the replacement plants shall not be necessarity the same size as the
original specified plant at its initial planting. The replacement shall be of equal
size to the plant to be replaced at the time it has been determined that it must
be replaced. However, if for some reason, the plant to be replaced is smaller
than the size to be replaced, the replacement shall be at least equal to the
original size when the maintenance period began.
4.3.3.2 Plants shall be sound, healthy, and vigorous, free front plant disease, insect' pests or their eggs, and shall have normal root systems and comply with all
State and local regulations governing these matters, and shall be free from
. any noxious weeds.
4.3.3.3Alltrees shall be measured six (6) inches above ground surface.
4.3.3.4 Shaoe and Form: Plant materials shall be symmetrical, and/or typical for
variety and species.
4.3.3.5.A11 plant materials must be provided from a licensed nursery and shall be
subject to acceptance as to quality by the Project Manager.
4.3.3.6 Replacements shall be guaranteed for the length of the Contract, or six (6)
months, whichever is greater.
4.3.3.7 The Contractor shall be responsible for hand watering the replacement (if
required), for 42 calendar days after ptanting.
4.3.4 Water
Should Contractor supply water, the water shall be fresh (non-salt), and containing no
harmful levels of pollutants or chemicals.
Appendix 10-2-
849
4.4
4.3.5 Soil
4.3.5.1Any soil supplied by Contractors shall be good, clean, friable top soil (or soil
mix), free from any toxic, noxious or objectionable materials, including rocks,
lime rock, plant parts or seeds.
4.3.5.2"Planting Soil Mix" shall be equal parts of Sphagnum peat moss, coarse sand,
and composted organic matter, sterilized.
4.3.5.3 "Muck-sand-soil" shall be 70 percent muck and 30 percent course sand.
4.3.6 Fertilizer
All fertilizer shall be the best commercial grade and except free flowing liquids, shall
be delivered to site and be dry when processed for application. Fertilizers shall be in
appropriate containers and tagged. Special permission from the Project Manager is
required to use bulk fertilizers.
The Contractor shall submit copies of the manufacturer's specifications for all fertilizer
including data substantiating that the proposed materials comply with specified
requirements.
4.3.7 Pesticides - (insecticides, fungicides, herbicides, etc.):
lnsecticides & Fungicides shall be only those which are approved or recommended
for use near open water bodies and those specified. Only the Federal Environmental
Protection Agency (EPA) approved products shall be used.
All pesticides are to be registered and approved for use by the Florida Department of
Agriculture.
Submit on an as needed basis, a schedule of spraying and dusting materials to be
used to control pests and disease infestation, the reason for their use and the method
to be used to apply the materials and the method of application before it is delivered
and used on the project. The need for pest and disease control, will be determined by
the Contractor's Horticulturist and approved by the City, Also, if requested by the City,
the Contractor will furnish documentation that the implementation of these control
measures for pests and disease infestation is in strict compliance with all Federal,
State, and Local Regulations
4.3.8 Miscellaneous Materials
Mulch shall be Amerigrow Recycling's shredded, round-wood, recycled mulch Pine
Bark Brown in color.. Other mulch types may be required upon request by the City.
Alternative mulch types will be readily available on the wholesale market, be of equal
or lesser wholesale cost or increased costs to be paid by City.
EQUIPMENT
Equipment supplied by Contractor shall be designed for or suited to the specific maintenance
task in which it is to be used. Equipment will not be used in areas or to perform tasks where
damage will result to the landscapes or sites.
-3-Appendix 10
850
4.5
4.6
Contractor shall maintain supplied equipment in a good appearance and all equipment shall
be maintained in a safe, operational and clean condition.
Upon specific request by the City, the Contractor will supply a current list of supplied
equipment used by the Contractor, including item, model, manufacturer, year manufactured,
and serial numbers. The Project Manager or his designee shall have the right to reject the
use of any specific piece of supplied equipment on the site, by notification to Contractor.
COMPLETION OF WORK
All work is to be completed in a continuous manner. That is all mowing, edging, weed control,
trimming, litter removal, pressure cleaning, water feature maintenance, repairs etc. shall be
completed before leaving ihe job site.
GROUNDS MAINTENANCE FUNCTIONS AND TASKS:
4.6.1 Turf Care
Maintain turf areas in a healthy, growing green and trim condition by performing the
following operation:
4.6.1.1 Site Preparation
The Contractor shall prior to mowing retrieve materials and dispose waste to
include, and not be limited to, papers, glass, bottles, cans, fallen tree limbs
and/or fronds, and all other deleterious materials found on the sites listed
herein. Should the Contractor have knowledge of, the existence of hazardous
wastes upon lands covered by the provisions of this agreement, Contractor
shall not remove same from the premises but shall have a duty to immediately
notify the City in writing.
4.6.1.2Mowing General
4.6.1.2.1Mowing shall be performed in a workmantike manner that insures a
smooth surface appearance without scalping or leaving any "missed"
uncut grass. Special care will be required to avoid scalping swales
and top of berms.
4.6.1.2.2 Reel mowers (NA)
4.6.1.2.3 Rotary mowers will be used on St. Augustine and Bahia grass.
4.6.1.2.4411 mowers are to be adjustable and adjusted to the proper cutting
height and level for the kind of grass and current condition of the turf.
Mower blade height adjustment is to be measured from a level floor
surface to the parallel and level plane of the mower blade.
4.6.1.2.5411 mower blades are to be sharp enough to cut, rather than to tear
grass blades. Mower blades shall be sharpened prior to each
mowing.
4.6.1.2.6411 litter and debris is to be removed from turf before mowing to avoid
shredding that will damage turf appearance, or items that may be
propelled by mower blades.
4.6.1.2.7 Mowing will be done carefully so as not to "bark" trees or shrubs, or
to introduce weeds into ground cover beds, or to damage sprinkler heads,
curbs, or other facilities.
-4-Appendix 10
851
4.6.1.2.8Grass clippings or debris caused by mowing or trimming will be
removed from the turf or from adjacent walks, drives, gutters and
curbs or surfaces on the same day as mowed or trimmed.
4.6.1.2.9 Mowing will not be done when weather or other conditions will result
in damaged turf.
4.6. 1.3 Mowing Specifics
4.6.1.3.1 St. Augustine Grass
Mow only with a rotary mower a minimum of once per week during
the growing season of May through the end of September and at
otherfull service visits, as needed, throughout the year.
4.6. 1 .3.2 Non-athletic field
Turf shall be mowed at 3 112 to 4" above soil level with a mower
designed for use in the specific circumstances. Remove clippings
from areas if excessive clippings result from the mowing operation.
4.6.1.3.3 Seashore Paspalum, Bermuda and Zoysia (NA)
4.6.1.4 Trimming and Edging
Contractor shall trim and properly edge all shrub and flower beds as well as
trees, curbs, walks, lighting and all other obstacles in the landscape and
remove clippings. Paved areas (hard edges) shall be edged everv mowing
with respect to the turf type adjacent to the edging. Edging of beds and the
tree rings (soft edging) shatl be executed not less than everv other mowing
with respect to the turf type adjacent to the edging. Turf edging at shrub beds,
flower beds, ground cover beds, hedges, or around trees (where "edging"
rather than "trimming" is directed), shall be edged with a manual or
mechanical edger to a neat vertical uniform line. Rotary nylon "fish line"
cutters are not to be used for vertical edging. Edge grass at plant bed lines to
keep grass from growing toward shrubs, keep the width of sod as it was
originally placed. Care shall be taken to avoid damage of ground cover weed
barrier. Grass will be trimmed at the same height as adjacent turf is mowed,
and to remove all grass leaves from around all obstacles and vertical surfaces
in the turf, such as posts, walls, fences, etc. Particular attention will be given
to trimming around sprinkler heads and other irrigation system components to
assure their proper water delivery function. The mechanical line trimmers are
not to be used within eighteen (18") inches of tree or palm trunks and are not
to be used in lieu of a trim mower, to mow large areas of grass. Note: Damage
to property or existing vegetation by improper trimming or edging shall be
repaired or replaced within 48 hours at Contractor's expense. All walks and
other paved areas littered in the lawn maintenance process shall be
vacuumed, swept, or blown off while the mowing, edging, or trimming is in
process so that the appearance suffers for the least amount of time. Shell,
mulch, gravel or other porous walk ways shall be raked clean with a fan rake.
-5-Appendix 10
852
Blowers are not to be used on shell, mulch or sand walk ways.. Landscape
lighting shall be wiped, blown off or vacuumed as needed to prevent
accumulation of clippings and dead insects. Landscape areas shall be raked
and cleaned of clippings, leaves, sticks, twigs, and all litter during each
service visit.
Materials cleaned from grounds may not be disposed on-site, and must be
removed from locations at Contractor's expense.
A copy for approval of a completed mowing schedule will be provided to the
City's representative in a timely manner as requested.
4.6.2 Pruning Shrubs and Ground Cover Plants Bed Area Maintenance
All shrubs and ground cover plants growing in the work areas shall be pruned, as
required, to maintain plants in a healthy, growing, flowering condition and to maintain
plant growth within reasonable bounds to prevent encroachment of passageways,
walks, streets, view of signs or any manner deemed objectionable by the Project
Manager.
4.6.2.1 Bed Area Maintenance
The Contractor shall keep the bedded areas free of dead plants, leaves, and
branches at all times. All beds shall be vertically edged, and kept weed free
at all times. Edge grass at plant bed lines to keep grass from growing
toward shrubs, keep the width of sod as it was originally placed. Landscape
edging where used must be kept in place, and vertical as it was originally
installed.
4.6.2.2 Shrubs
All shrub material shall be pruned a minimum of once per month to insure
the best shape, health, and character of the individual plant. Mechanical
trimming may only be utilized when the health or appearance of the plant
will not be damaged by the mechanical trimmers.
4.6.2.2.1 - Bougainvillea (NA)
4.6.2.3 Groundcover
All groundcover material shall be pruned a minimum of once per month to
insure the best shape, health, and character of the individual plant.
Groundcover plants shall be selectively cut back to encourage lateral growth
and kept inbounds and out of other plantings, walkways, lighting, etc.
Mechanical trimmings may only be utilized when the health or appearance
of the plant will not be damaged by the mechanical trimmers.
4.6.3 Trees and Palm Pruning
Trees and palms are to be maintained in a healthy, growing, safe, attractive condition
and species and function in the landscape or as specifically directed by the Project
Manager
-6-Appendix 10
853
4.6.3.1 Pruning
All pruning shall be in compliance with the most recent tree maintenance
standards as published in the American National Standards lnstitute (ANSI)
,4300 Standards for Tree Care Operations. All tree pruning must be done by
an ISA certifled arborist or under the direct, on-site supervision of an ISA
certified arborist.
Natural Shaping and Thirlnino
Trees will be inspected and evaluated monthly, and pruning scheduled as needed for
health, development of structural strengih, public safety, maintenance of clearances.
Pruning in general shall consist of the removal of dead, broken, fungus infected,
superfluous, and intertwining branches, vines, and the removal of dead or decaying
stumps and other undesirable growth. Palms shall be pruned as needed to remove
fruit, inflorescence, dead fronds and weak stalks. ln order to prevent the spread of
disease and reduce the possibility of nutrient deficiencies, only dead, brown fronds
should be removed under normal circumstances. Whenever lives plant tissue is being
cut, including for example, diseased, broken or mostly dead fronds or fruits or
inflorescences, tools shall be disinfected. Disinfect tools between palms by soaking
in a (5.25o/o) - 25%o dilution Chlorine bleach and water solution for a minimum of 5
minutes. Certain Washingtonia Palms will be an exception to the pruning practices of
normal palm maintenance when existing dead fronds are maintained as determined
by the City Project Manager. Palms shall not be excessively pruned, i.e., above the
horizontal plane with the ground, or the 3 o'clocU9 o'clock crown positions. No
feather dusters.
Pruning will also be required from time to time to remove damaged branches from
storms, frost, pruning to prevent encroachment of branches over streets, into private
property, obscuring view of signs or traffic, particularly at a road intersection, or
interference with lighting, etc.
Tree branches shall be pruned up to seven (7') feet over walkways and in areas so
designated by the Project Manager. All tree pruning shall be accomplished in
accordance with the most recent American National Standards lnstitute (ANSI) A300
Standards for Tree Care Operations Cuts should be made with sharp and proper
tools.
All branches, dead wood, and cuttings shall be removed from the job site at time of
pruning and disposed of in an acceptable manner. All lawn and shrub areas
damaged by pruning equipment shall be restored.
4.6.3.2 Staking and Guying - and Tree Set-Up
Malntain existing and adjust tree stakes, guy wires and hoses or blocks, until
trees are capable of standing vertical and/or resisting normal winds. Under
normal circumstances, all bracing, webbing, etc should be removed no more
-7-Appendix L0
854
than 1 year after planting. lf, at the end of the year, trees are not firmly
rooted, the tree should be examined for circling roots and should be
replaced if circling roots are found. Trees with circling roots should not be
planted.
4.6.3.2.1 The Contractor shall be responsible for the complete removal and
replacement of those trees lost due to the Contracto/s faulty maintenance
or negligence, as determined by the Project Manager.
4.6.3.2.2 Replacement shall be made by the Contractor in the kind and size
of tree determined by the Project Manager.
Where there is a difference in value between the tree lost and the
replacement tree, this difference will be deducted from the Contract
payment. ln all cases, the value of the tree lost shall be determined by the
Project Manager using the latest "Plant Finder" value determination.
4.6.3.2.3A11 trees that have died or have been blown or knocked over are to be
reported immediately upon discovery to the Project Manager.
4.6.3.2.4With prior approval from the Project Manager, with direct input from a staff
or City of Miami Beach certified Arborist. it is the Contractor's responsibility
to remove and properly dispose of all dead or injured trees and/or weed
trees such as but not limited to Florida Holly or Melaleucana or Australian
Pine. Contractor shall set and support trees that have been knocked or
blown over.
4.6.3.2,5 The Contractor shall be responsible for removing all graffiti. signs, posters,
boards, supports and any other material(s) attached or fastened to trees, or
from elsewhere on the project site, as directed by the Project Manager. No
fixtures signs, etc can be attached to trees in a manner that will damage the
tree. No screws, nails, bolts, un-adjustable wires, etc.
4.6.4 Weed Control
4.6.4.1 All landscape areas within the specified area, including lawns, shrub and
ground cover beds, planters, and areas covered with concrete, pavers,
gravel or shell, shall be kept free of all weeds at all times. This means
complete removal of all weed growth shall be accomplished at each
service visit. For the purpose of this specification, a weed will be
considered as any undesirable or misplaced plant. Weeds shall be
controlled either by hand, mechanical, or chemical methods. The Project
Manager may restrict the use of chemical or mechanical weed control in
certain areas. Mechanical weed control shall not disturb the mulch layer so
as to expose the underlying soil. Herbicides shall not be used in areas
populated by Sea Oats.
-8-Appendix 10
855
4.6.4.1.1 Weeds are to be mowed, trimmed, or edged from turf areas as a part
of turf care operations.
4.6.4.1.2 Weeds are to be manually removed from shrub, hedge, ground cover
or flower beds, unless chemical or mechanical means are
specifically authorized by the Project Manager. Persistent weed
growth such as the groMh of sedges shall be killed with "round up"
whenever possible.
4.6.4.1.3Weeds are to be removed from walkways, curbs, expansion joints,
and along fence lines and guardrails at each seruice or as othenruise
directed by the Project Manager.
4.6.4.2.If infestations cannot be controlled by hand-pulling, or herbicide use will
damage or kill the shrubs or ground-covers, the bed may be excavated, after
removing all plants. Then, weeds may be destroyed before replanting by any
of the following methods:
4.6.4.2.1Steritize the soil, or
4.6.4.2.2A11ow weeds to reestablish a vegetative top and treat with a systemic
herbicide, at least two (2) applications, about two (2) weeks apart, or
untilthere is a 90o/o kill.
4.6.4.2.3After the kill, apply, immediately after replanting, a pre-emergent
herbicide, such as Treflan or prior to replanting a ground cover
fabric.
4.6.4.3 lf it is determined by the City that the Contractor responsible for maintenance
allows weed infestations to spread beyond the ability to control them, then the
removal, treatment, and replacement of the planting bed shalt be done as
described above by the Contractor at no cost to the Citv. Soil which exhibits
significant weed growth within one (1) month after planting, (20% ground
coverage of the bed by weeds) shall be considered as previously weed-
infested.
4.6.5 Litter Control
4.6.5.1 Contractor Generated Trash: The Contractor shall promptly remove all debris
generated by his pruning, trimming, weeding, edging, and other work required
in the speciflcations. Storm drains shall be kept clear and free of debris.
Debris must be disposed of at an authorized site for commercial use.
Neighborhood trash transfer stations or road side piles are not considered
authorized sites. The Contractor shall clean driveways and paved areas with
suitable equipment immediately after working in them. All cuttings are to be
removed on same day as cut.
4.6.5.2 Litter Removal: Litter to be removed from all turf areas, landscape beds, walk
ways and all hard surfaces within the site grounds daily in a continuous
manner during all service hours as specified.
-9-Appendix L0
856
4.6.6 Fertilization and Soil Testing
The fertilizer used shall be a commercial grade product and recommended for use on
each plant type. Specific requirements should be determined by soil test results, soil
type, and time of year, Applications shall proceed continuously once begun until all
areas have been completed. ln the event fertilizer is thrown on hard surfaces, it shall
be removed immediately to prevent staining.
Coniractor shall have the soil tested four (4) times yearly to determine required
additives, and more often if necessary to diagnose problem areas. Apply Lime or
Sulfur as required to adjust pH. The Contractor shall provide the City with annual
fertilization schedules at the beginning of each contract year and shall inform the
Project Manager at least three (3) days in advance before beginning any fertilization.
4.6.6.1 Turf
4.6.6.1.1 Bermuda and Seashore Paspalum (NA)
4.6.6.'1.2 St Augustine
St. Augustine turf areas that contain palms shalt be fertilized three
(3) times per year; with "Palm Special Fertilizef'with the formulation
of 8N-2PzOs-12K2O +4Mg with micronutrients. 100o/o ol the N, K,
and Mg must be slow release with micronutrients in a water soluble
form, applied according to label rates.
For all other turf grass areas; Applications to be made the first week
of the following months: April, July, and October. The N< P< K
ratios shall vary with the time of year of the apptication and results
of the soil analysis.
The approximate N, P, K ratios should be:
- One (1) application of a 5:2:1 ratio with a post-emergent weed
control;
- One (1) application of a 10:1:2 ralio with lnsecticide, and one
application being a blanket application of insecticide;
- One (1) application of a 3:1 :3 ratio;
4.6.6.2 Groundcover, & Shrubs
The fertilizer for all planted shrubs and groundcovers shall meet appropriate
horticultural standards with an N, P, K ratio of 3'.1.2, unless soil conditions or
plant species dictate differently, with at least 60% of the nitrogen from a non-
water soluble organic source.
All shrubs and groundcovers shall be fertilized by broadcasting by hand over
the beds three (3) times per year during the first week of April, July and
October.
-10-Appendix 10
857
The Contractor shall establish a program that will fertilize all shrubs and
groundcover, describing the type of fertilizer required for each type of plant
and the time of year this work will be undertaken. A copy for approval of the
fertilization schedules shall be provided to the City no less than one (1) month
prior to application. Any plants damaged by over-fertilization or nutrient
deficiencies shall be replaced at the Contractor's expense. Changes in
fertilization rates, methods and composition must be approved by the City in
writing.
4.6.6.3 Fertilization Trees, & Palms
The fertilizer for all the planted trees shall meet proper horticultural standards
with a slow release organic fertilizer with a salt index of less than 50, and a N,
P, K ratio of 3.1:2 or 3:1:3 (e.g. 124-8 or 15-5-15,).
All Trees 5" caliper or under shall be fertilized three times yearly: April,
July and October applying 1 pound of Nitrogen per '1000 square feet of area
of root zone (drip line plus 50%).
All palms shall be fertilized four (4) times per year; every three (3)
months; during the first week of January, April, July and October,
applying "Palm Special Fertilize/' with the formulation of 8N-2P2Os-12K2O
+4Mg with micronutrients. 100o/o of the N, K, and Mg must be slow release
with micronutrients in a water soluble form. The fertilizer shall be broadcast
evenly under canopy area at a rate of 1.5lbs of fertilizer (not N) per 100 sq. ft.
The Contractor shall establish a program that will fertilize all trees and palms,
describing the type of fertilizer required for each type of plant and the time of
year this work will be undertaken. A copy for approval of the fertilization
schedules shall be provided to the City no less than one (1) month prior to
application. Any trees damaged by over-fertilization or by the use of wrong
type of fertilizer shall be replaced at the Contractor's expense. Changes in
fertilization rates, methods, and composition must be approved by the City in
wrlting.
4.6.7 General Use of Chemicals
The Contractor shall submit a list of all chemical herbicides and pesticides proposed
for use under this Contract for approval by the Projecl Manager, including MSDS
sheets for each item. Materials included on this list shall be limited to chemicals
approved by the State of Florida, the Department of Agriculture, and the Florida
Department of Transportation, and shall include the exact brand name and generic
formulation. The use of any chemical on the list shall be based on the
recommendations of and be performed under the direction of a Certified Pest Control
Operator. No chemical herbicide or pesticide shall be applied until use is approved, in
writing, by the Project Manager as appropriate for the purpose and area proposed.
- Ll-Appendix 10
858
4.6.8 Disease and Pest Control
To control or eradicate infestations by chewing or sucking insects, leaf miners, fire
ants, and other pests and diseases, spray affected plants with chemical sprays and
combinations of sprays suitable for that particular pest when the infestation or
infection becomes evident and as often thereafter as necessary. Contractor shall be
fully licensed to spray pesticide. Contractor shall use lntegrated Pest Management
(lPM) practices that aid in preventing the presence or proliferation of insect and
diseases. lnsects in Bermuda grass shall be controlled by both curative and
preventative measures. Timing witl be critlcal on mole cricket applications and
frequencies of application will be as needed to successfulty control their infestations.
Nematode samples witl be taken at least two (2) times each year in January and
June and action shall be taken per the recommendation of the IFAS lab results to
control the populaiions This lab report shall be submitted to the City for their review
as soon as it is received.
4.6.9 Application of Herbicides and lnsecticides
Contractor may apply various herbicides by means of spray type devices to aid in the
control of unwanted weeds and vegetation. All applications shall be performed by
persons holding a valid herbicide application license as issued by the State of Florida
and shall be done in accordance with the herbiclde manufacturer's recommended
rates and atl applicable Federal, State, County and Municipal regulations. Herbicides
may be used only with prior approval by the City as to type location, and method of
application.
4.6.9.1 The Contractor shall exercise extreme care so as not to over spray and effect
areas not intended for treatment.
Areas adversely afiected by such over spray shall be restored by the
Contractor at his expense.
4.6.9.2The Contractor shall advise the Project Manager within four (4) days after
disease or insect infestation is found. He shall identify the disease or insect
and recommend control measures to be taken, and, upon approval of the
Project Manager, the Contractor shall supply and implement the approved
control measures, exercising extreme caution in application of all spray
material, dusts or other materials utilized. Approved control measures shall
be continued until the disease, or insect is controlled to the satisfaction of the
Project Manager.
4.6.9.3 When a chemical is being applied, the person using it shall have in their
possession alt labeling associated with the chemical. Also, the chemical shall
be applied as indicated on the said labeling. A specimen label and the
Material Safety Data Sheet for each product shall be supplied to the City.
4.6.9.4A11 insecticides shall be applied by an operator licensed pursuant to Chapter
487 o'f the Florida Statutes. The operator shall have the license/certification in
his or her possession when insecticides are being applied. The
- LZ-Appendix 10
859
implementation of control measures for pests and disease infestations shall be
in strict compliance with all federaI and local regulations. Upon request, the
Contractor shall furnish documentation of such compliance.
4.6.9.5The spraying of insecticides and other such chernicals are to be confined to
the individual plant. Spraying techniques which may introduce the material
being sprayed beyond the immediate area of the individual plant are strictly
prohibited.
4.6.9.6 Spray or dust material on foliage only during calm days. Do not apply when
leaves are wet, when rain is expected within 3-4 hours after spraying, or when
temperatures exceed 88 degrees Fahrenheit. Spray at times when traffic is
lightest'(i,e., early mornings or weekends). Use a spreader-sticker to aid in
adherence and absorption of the material. Wash material off of pavements
and buildings immediately after applying.
4.6.9.7 The Contractor shall utilize all safeguards necessary during disease or insect
control operations to ensure safety to the public and the employees of the
Contractor.
4.5.9.8 Copies of Current Material Safety Data Sheets (MSDS) for all chemicals used
for pest control under this Contract shall be provided to the Project Manager
before the use of said chemicals.
4.5.10 Bermuda 'Gelebration'and Seashore Paspalum 'Sea lsle Supreme' (NA)
4,6.11 Verticutting, Aeration, Spiking and Topdressing (NA)
4.6.12 Turf Renovations
Turf renovations may be required if conditions warrant such a procedure and will be
an extra charge. Conditions which warrant renovation include, areas thinned out or
damaged turf resulting from natural burnout, traffic, and any area which has area
becomes unsightly.
Prciper watering, fertilization and pest management will be critical during and after
renovation. Any irrigation damaged because of turf renovation will be repaired at
Contractor's expense.
4.6.13 lrrigation System Maintenance and Watering
Contractor will be responsible for the operation and maintenance of the automatic/
manual irrigation systems and for setting and adjusting the timer to insure proper
watering of all plant material in the landscape.
The Contractor is expected to be knowledgeable and familiar with the existing
irrigation systems at the time of bid submittal and capable of programming all
controllers and making all repairs. This includes the programming and
maintenance of Motorola computerized irrigation controllers, if installed; and
lRRlnet and Scorpio controllers, which are are in use within the contract
service area. Gontractor must have, within six (6) months of award of contract,
-13-Appendix 10
860
a full time lrrigation Technician or lrrigation Supervisor that has obtained a
Certificate of Completion of a Motorola IRRlnet and Scorpio Controllers Level 1
Turf Programming training course.
Gontractor will be responsible under this agreement for the labor and supervision to
make irrigation repairs to the lateral line, risers and sprinkler heads up to one inch (1")
in diameter as required to keep the system operating. Major repairs to main lines,
valves, pumps and in-take piping shall be reimbursed by the City. Reimbursable
repair work shall require authorization by the City prior to commencement.
Prior to commencement of the maintenance program, the Contractor shall have
twenty-five (25) days from start of contract to inspect the irrigation system and report
present damage or incorrect operation and coverage to the City. The Contractor will
be responsible for the integrity of the system after this initial inspection report and
subsequent repairs.
The timers shall be checked once a week or more frequently as may be
required. The Contractor will also, at least once a month, fully operate all the
irrigation zones and replace, repair or clean all irrigation heads, lines, valves, valve
boxes, filters and controllers as needed. Any equipment damaged by the
Contractor's operation shall be replaced with the same equipment and by the same
manufacturer.
Grass shall be cut back around all irrigation heads and valve boxes at least
once per month or more often as required to keep them clearly visible and fully
operational.
The irrigation shall be capable of providing 1-112" of waterto all lawns and shrub beds
each week or as often as required to provide for a uniform lush green landscape
appearance. System shall be adjusted during the various seasons.
The Contractor shall be required to make all repairs within a minimum 24 hour time
period or sooner as directed by the City's representative. Any form of damage to the
irrigation system must be reported to the City's representative immediately upon
discovery.
lrrigate as necessary during of little or no rainfall using the automatic irrigation system
and any supplemental watering necessary to apply proper amount of water to keep
the plant material in optimum health. Under normal conditions; irrigate deep and
infrequently (2 - 3 times weekly) to promote a good root system. Water early
mornings within watering restriction s. Avoid watering in the evenings.
Supplemental watering may be required in elevated turf areas or as needed to
compensate for wind drift or other areas of inadequate irrigation coverage.
The Contractor is required to ensure adherence to all local watering restriction
ordinances. lt will be the responsibility of .the Contractor to pay Fines levied due to
lack of compliance.
- 14-Appendix 10
861
Supplemental watering may require a large portable water tank, impact sprinklers,
and additional hose to be supplied by Contractor.
A written irrigation schedule will be provided by the Contractor and any operation of
irrigation outside the previously approved scheduled time must have the advance
approval of the City.
Contractor shall be responsible for controlling the amount of water used for irrigation
and any damage or costs that result from over-watering or insutficient watering shall
be the responsibility of the Contractor.
4.6.14 Watering
During periods when the irrigation system is not operational, either due to breakdown
of the system, or an extended electric power failure, it shall be the responsibility of the
Contractor.
4.6.14.1 Supply of water suitable for irrigation shall be the Client's responsibility.
Distribution of the water to the plants shall be the responsibility of the
Contractor. Contractor shall use hand watering, water trucks, portable
pumps, etc. as required to distribute the water.
4,6.14.2 Apply water in quantities and at intervals necessary to maintain the plants
in a healthy growing condition.
4.6.15 lrrigation System
Shall be constantly maintained and adjusted to insure that no water from the systern
hits the road or other hard surface.
4.6.15 Mulching Beds
4.6.15.1 Reolenish mulch in shrub beds as required to cover areas of bare soil,
especially at the edge of the bed and in places where the shrub canopy has
not grown together to shade the soil. Add mulch around tree trunks in sod
areas. Mulch shall be added to maintain a constant three (3) inches
thickness. Do not pile against tree trunks and shrub stems.
4.6.15.2 Use Amerigrow Recycling's shredded "round -wood" mulch "Pine Bark
Brown" color. Grade "A" Cypress mulch, Melaleuca mulch or other mulches
may be used as designated and approved by the City.
4.6.17 Sand Removal/ Policing:
Cleaning of debris within the confines of the sites by blowing, sweeping, or
vacuuming or other means must be performed as required to keep paved, bricked or
concrete surfaces clean and neat at all times.
4.6.18 Flowering Hanging Baskets N/A
-15-Appendix 10
862
4.6.19 Maintenance of Vehicular and Pedestrian Traffic
Contractor shall schedule and conduct the work at times and in a manner which shall
not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic
on adjacent streets, and shall not cause annoyance to residents near the site or users
of the site. During periods of peak rush hour traffic, the Contractor will not block or
impede arterial or collector streets.
-15-Appendix 10
863
EXHIBIT *J',
CONSTRUCTION SCHEDULE
(to be provided by Developer, once the GMP contract is executed with Contractor)
864
14NE I THURSDAY, JULY 10, 2014 NE
EAIA&AIffiffi&CH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE lS HEREBY Given that public hearings will be held by the Mayor and City Commission
of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall,
1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 23, 2014, to consider
the following:
10:45 a.m.
A Resolution Amending Resolution No.2013-28120 Granting A Waiver Of Certain Development
Regulations Regarding The Maximum Building Height Pursuant To Section 142-425(d) Of The
City's Zoning Ordinance, For The Collins Park Garage Project, Located Within The Museum
Historic District And Collins Park Neighborhood, To Allow An Additional Fourteen (14) Feet ln
Height. /nqurTies may be directed to the Capital lmprovement Projects Office at 305.673.7071.
10:55 a.m.
A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts May 30, 2014 Meeting And Approving By 5/7'r' Vote, Following A Duly Noticed
Public Hearing, The Renaming Of The lce Skating Rink ln The lnterior Of The Scott Rakow Youth
Center ln Memory Of Barbara Medina. lnquiries may be directed to the Parks and Recreation
Dep artm ent at 30 5.673. 77 30.
1 1:00 a.m.
A Resolution Adopting The Fourth Amendment To The General Fund, Enterprise Fund, lnternal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2013/14. lnquiies may be
directed to the Budget Office at 305.673.7510.
'l 1:05 a.m.
Euclid Right Of Way Project
A Resolution Following Second And Final Reading, And After A Duly Noticed Public Hearing,
Approving And Authorizing The Mayor And City Clerk To Execute A Development Agreement
Between The City And Jameck Development, lnc. (Jameck Or Developer) For The Design,
Development, And Construction Of Certain Streetscape lmprovement ln The City's Right Of Way,
At The Porlion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (Euclid Right Of
Way Project Or The Project) lncluding, Without Limitation, Removal Of The Disconnect Vault And
Landscape, lnstallation Of New Hardscape, Landscape, Street Lighting, And Closure Of A Potlion
Of Euclid Avenue To Vehicular Traffic As Part Of An Extension Of The Lincoln Road Pedestrian
Mall; Said Project Having A Total Budgeted Cost To The City, ln The Total Sum Of $485,821, With
Any Additional Funds For The Project To Be Covered By The Developer; With Such City Funds
To Be Appropriated From Miami Beach Redevelopment Agency (Historic Convention Village/City
Center RDA) Funds. inqulrles may be directed to the department of Tourism, Culture & Economic
Development at 305.673.7577.
Dr. Stanley Sutnick Gitizen's Forum - The times for the Dr. Stanley Sutnick Citizen's Forum are
8:30 a.m. and 1:00 p.m., or as soon as possible thereafter. Approximately thirty minutes will be
allocated to each session, with individuals being limited to no more than three minutes or for a
period established by the Mayor. No appointment or advance noiification is needed in order to
speak to the Commission during this Forum.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
or to express their views in writing addressed to the City Commission, c/o ihe City Clerk,
1700 Convention Center Drive, 1"tFloor, City Hall, Miami Beach, Florida 33.139. Copies of these
items are available for public inspection during normal business hours in the City Clerk's Office,
'1700 Convention Center Drive, 1't Floor, City Hall, Miami Beach, Florida 33139. This meeting,
or any item herein, may be continued, and under such circumstances, additional legal notice need
not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides
to appeal any decision made by the City Commission with respect to any matter considered at
its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otheruuise
allowed by law.
To request this material in accessible format, sign language interpreters, information on access for
persons with disabilities and/or any accommodation to review any document or participate in any
City-sponsored proceeding, please contact us five days in advance at 305.673.741 1 (voice) or TTY
users may also call the Florida Relay Service at 71 1.
902
Rafael E. Granado, City Clerk
City of Miami Beach
865
g MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members { the City
Jimmy L. Morales, City Manag"r
fi -Jl
July 23,2014
I
FIRST READING
A RESOLUTTON CONSTSTENT WITH THE REQUTREMENTS OF SECTTON 1.03(BX4)
OF THE CITY CHARTER; AND PURSUANT TO SECTION 82-37(AX2), OF THE CITY
CODE, AND APPROVING BY 6/7THS VOTE, FOLLOWING A DULY NOTICE PUBLIG
HEARING AT SECOND READING, THE VACATION OF THAT PORTION OF 87TH
TERRACE EAST OF COLLINS AVENUE, CONSISTING OF A 50 FOOT RIGHT.OF.
WAY CONTAINING APPROXIMATELY 18,042 SQUARE FEET IN TOTAL LOT AREA,
AS SHOWN ON THE PLAT OF ALTOS DEL MAR SUBDIVISION NO. 2, RECORDED IN
PLAT BOOK 4, PAGE 162 OF THE PUBLIC REGORDS OF MIAMI.DADE COUNTY, IN
FAVOR OF 8701 COLLTNS AVENUE, LLC (THE "APPL|CANT").
BACKGROUND/ANALYSIS
ln an effort to provide the Commission with complete information, the Administration will be
submitting a Commission Memorandum for this item in a supplemental packet. This item is
scheduled to be heard by the Finance and Citywide Projects Committee on Friday, July 18. The
Committee Memorandum is available online. Recognizing that the discussion at that Committee
may need to be included in the final Commission Memorandum for this item, the Memorandum will
be finalized and distributed next week.
JLM/JMJ
T:\AGENDA\201 4Uuly\87th Terrace.docx
Agenda ttem RJ E
Date 1-23-lY866
RESOLUTION TO BE SUBMITTED
867
COMMISSION ITEM SUMMARY
lntended Outcome S
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING
) THE PROPOSED OPERATING MILLAGE RATE;2) THE REQUIRED DEBT SERVICE MILLAGE MTE; 3) THE
TED'ROLLED-BACK'MTE;AND,4) THE DATE, TIME, AND PLACE OF THE FIRST PUBLIC HEARING
CONSIDER THE MILLAGE RATES AND BUDGETS FOR FISCAL YEAR (FY) 2014115; FURTHER
THE CIry MANAGER TO TMNSMIT THIS INFORMATION TO THE MIAMI-DADE COUNry
APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES
Ensure expenditure trends are sustainable over the long term
pporting Data (Surveys, Environmental Scan, etc.):
ln the 2014 Community Survey, both residents and businesses reported the following area for the City related to
value for taxes paid:
Percentage of residents rating the Overall Value of City services for tax dollars paid as excellent or good
(Residents: 58%; Businesses 54%)
Item Summary/Recommendation :
FS 200.065, entifled "Method of Fixing Millage" establishes specific guidelines that must be used by all local
govemment entities in setting millage (property tax) rates. Under the statute, the City is required, within 35 days of
receipt of the "Certification of Taxable Value" (received July 1, 2014), to advise the Miami-Dade County Property
Appraiser of the proposed general operating millage rate, the calculated 'rolled-back" rate and the date, time, and
place of the first public hearing to consider the proposed millage rates and tentative budgets for FY 2014115. The
required Debt Service millage rate must also be set at the same time as the General Operating millage.
After setting the proposed operating millage rate, the Commission may, at any time prior to the final adoption, lower
the rates by adjusting priorities. However, increasing the millage rate may only be accomplished by an expensive
mailing and advertising process to every property owner on Miami Beach. The City's proposed operating millage
rate as well as that of other taxing authorities will be included in the Truth-in-Millage (TRIM) statement sent to each
property owner in the City on August 24h by the Property Appraiser.
The total proposed operating millage rate for FY 2014115 is 6.0929 mills, which represents a slight decrease ftom
the FY 2013114 rate of 6.1163 mills. The total proposed millage rate of 6.0929 includes a general operating millage
rate of 5.7551 and a Capital Renewal and Replacement millage of 0.1083. The proposed voted debt service millage
rate is reduced from 0.2529 to 0.2295. The budget development process is still underway, and the City's Proposed
Work Plan and Budget will be released later this summer. However, at this point in time, the surplus between
cunent service level revenues and expenditures is estimated at $2.45 million primarily due to an increase in
property values of 10.3 percent (net of City Center RDA). The Current Service Level (CSL) budget represents the
cost of providing the same level of service as in the prior fiscal year.
The proposed millage provides funding to offset increases to the CSL Budget in employee costs such as a 3
percent Cost of Living Adjustment (COLA); a 2 percent performance-based merit increase; additional steps for
Police Officer, Police Sergeant, Police l-ieutenant, Firefighter I positions as well as implementation of hazardous
duty pay; higher health care costs; the impact of annualized costs for items added during FY 2013114; higher
operating costs; and intemal service fund charge-backs.
Fi nancial I nformation :
iource of Funds:Amount Account
I (q)l
OB.H
1
total
Financial lmpact Summary The July 1,2014 Certification of Taxable Value from the Miami-Dade County
Property Appraiser reflects a 9.9 percent increase in Citywide property tax values from the July 1,2013 tax roll
certification. Given that the City Center RDA had an 8.1 percent increase, the increase outside the City Center
RDA, which impacts the City's General Fund revenues, was '10.3 percent. The proposed millage for the FY 2014115
budqet results in increased property tax revenues in the General Fund of $14.3 million.
(B MIAMIBEACH 868
g MIAMIBEACH
Ci?y of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City mtsston
Jimmy L. Morales, City Manager
July 23,2014
A RESOLUTION OF THE MA
TO:
FROM:
DATE:
SUBJECT:
1) Proposed Millage Rates for Fy 2O14t1S:
General Operating
Capital Renewal & Replacement
Sub-Total Operating Millage
Voted Debt Service
Total
MIAMI BEACH, FLORIDA
AND CITY COMMISSION OF THE CITY OF
1) THE PROPOSED OPERATTNG MTLLAGE
RATE; 2) THE REQUIRED DEBT SERVICE MILLAGE RATE; 3) THE CALcULATED
"RoLLED-BACK" RATE; AND,4) THE DATE, TIME, AND pLAcE oF THE FTRST
PUBLIC HEARING TO GONSIDER THE MILLAGE RATES AND BUDGETS FOR
FISCAL YEAR (FY) 2014t15; FURTHER AUTHORTZ|NG THE ClTy MANAGER TO
TRANSMIT THIS INFORMATION TO THE MTAMI.DADE COUNTY PROPERTY
APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA
STATUTES.
The Administration recommends that the Mayor and City Commission adopt the attachedresolution which authorizes the City Manager to transmit the following information to the Miami-Dade County Property Appraiser:
5.7551 mills
0.1083 mills
5.8634 mills (same as last year)
0.2295 mills (0.0234 decrease from last year)
6.0929 mills (0.0234 decrease from last year)
2) "Rolled-Back" Rate (Truth in Millage) S.1076 mills
3) The first public hearing to considerthe proposed millage rates and tentative budgets for Fy
2014115 shall beW_ed199dgy, September 10, 2014 ;t 5:01 p.m., in the City Commissionchambers, city Hall, 1700 convention center Drive, Miami Beach, Florida.
The "Rolled-Back" millage rate for FY 2014115 is the millage rate required to produce the same
lev_el9f property tax revenues in the General Fund in FY i}14t15 as anticipaied to be receivedin FY 2013114. lt is important to note, that the January 1,2013, tax roll Citywide declined byalmost $1'02 billion (4.1o/o) between the July 1, 2013 vlluation and the July 1 ,2}l4valuation
lue to appeals, adjustments, etc, which is part of the reason the FY ZO14l1-S "roll-back rate', is0.7558 mills lowerthan the FY 2013/14 current millage rate and lowerthan itwould be if therollback rate was only adjusted for the increase in ievenues generated by higher property
values. The area outside-of City Center RDA, which impacts General Fund revenues, declined invalue by approximately 90.24 billion during the same period of time.
869
FY 2014115 ProPosed Millage Rate
July 23,2014
Page 2
The proposed millage provides funding to offset increases to the Current Service Level Budget
in employee costs-such as a 3 pertent Cost of Living Adjustmen!_(ColA); a 2 percent
p"rrorii1"'n.e-based merit increasei additional steps for Police officer, Police sergeant, Police
Lieutenant, Firefightei I positions as well as implementation of hazardous duty pay; higher health
care costs; the impact oi annualized costs for items added during FY 2013/14; higher operating
costs; and internal service fund charge-backs.
SUMMARY
ln Fy 2O1Ol11 the city's approach to addressing the then deficit of $32 million included a
distribution of the shortfall between taxpay'ers and employees' Taxpayers had their tax rate
increased from 5.6555 to 6.2155, an incre-ase of 0.56 mills. The goal of the.Commission has
been to bring them back to that level as property- y.a]ue? increase over time' lt should be
remembered that between Fy 2009/10 and FY 2 oiotll values declined by $2.0 billion driving
the need for an increase in the millage.
ln Fy 2O11t12the city took its first step in that direction with a reduction in the millage rate of
0.0s mius. The mit6ge rate for FY zotztt3 reduced the operating Ti!!?99 by an additional
0.0746mills. lnthe r)zol3/l4budget,themillageratewasreduced0.22TSmills. overthree
y"rrr, this reduction represents 63 fercent of the goal to get back to a millage rate of 5'6555'
The remaining goalfor millage reduction is 0.2079'
The Administration is recommending a total combined millage rate forthe City of Miami Beach of
6.0929, which represents a slight iecrease of 0.0234 mills. The total proposed operating
mittagehas been'keptflatand initudes a generaloperatin-g millage rate of 5.755.1 and a General
Funjcapital Renewal and Replacemenimillage of 0.1083. The proposed voted debt service
*irr"g" rate is adjusted from o.z5z9 to 0.2295, a decrease of 0.0234mills.
It is important to remember that in prior years,1|l9 C-iY-of lr/iami Beach significantly reduced tax
rates as property values increased'. BeWveen FY 1999/OO and FY 2009110, total combined City
of Miami'ae'acn-prop"rty t"* rates declined approximately 2.8 mills. ln FY 2007/08 alone, the
,iil"g" rate declined 'by approximately 1.8 mills, with annual savings to the average
homesteadeO property o? oudr $400. Further, despite an adjustment of 0..56 mills in the
operating tax rate in rV zot 0/1 1, City of Miami Beach proposed combined millage rates today
remain more than 2.6os1mills loweithan in FY 1999/00 (30 percent), and 1.5801 mills lower
than 2006/07 (20.6%).
The budget development process is still underway, and the city's Proposed work Plan and
Audget,,iil O" released later this summer. However, at this point in time,.the s.urplus between
current service level revenues and expenditures is estimated at $2.45 million primarily due to an
increase in property values of 10.3 percent (net of City Center RDA). The Current Service Level
(CSL) budget represents the cost of providing the same level of service as in the prior fiscal
year.
BALANCING STRATEGIES
At the July 16th Finance and Citywide Projects C-ommittee (FCWPC) m.eeting, the committee
gave direction to maintain the current tai rate for the preliminary millage, but directed the
administration over the summer to identify opportunities to potentially reduce the millage, as well
as offset increased funding for enhancemenis, as part of the process of balancing the budget'
870
FY 2014115 Proposed Millage Rate
July 23,2014
Page 3
As a result, efficiencies, employee givebacks and potential service reductions will be considered
in August prior to final budget adoption in September.
As with the preparation of budgets for the last five years, departments are continuing to anallae
and present their budgets from two perspectives: 1) a review for potential efficiencies,
reorganizations to reduce cost, etc. without impacting services; and2) performing a modified
zero-based anatysis of each department budget, identifying potential service reduction
alternatives versus core functions. For each of the potential service reductions, departments
provided the type of impact and the magnitude of the impact. Core functions were defined as
ihose functions which, if cut, render it impossible forthe departmentto provide basic service ata
reasonable level. However, based on my review of department budgets to date, and given the
extensive reductions in recent years, I am not expecting to generate significant cost reductions
through efficiencies and service reductions.
ln August, the FCWPC will meet on the 13th and 1Sth to review potential efficiencies, potential
service reductions and revenue enhancements, as well as flnalize approaches to balance the
budget. The FY 2014t15 budget will be adopted in September, 2013 after two budget hearings'
The budget development process is still undenruay and the City's Proposed Work Plan and
Budget will be released later this summer. However, at this point in time, the difference between
current service level revenues and expenditures is estlmated at $2.45 million. Every million is
equivalent to approximately 0.0454 mills.
BACKGROUND
Overthe last several years, the City of Miami Beach has adopted budgets that provided tax and
fee relief while at the same time providing improved services that address needs and priorities
identified by the community (primarily in public safety, cleanliness, landscaping and
beautification, recreation and culturat arts programming, renewal and replacement funding for
our facilities, and building/development functions); and providing structural changes that
enhance capital funding and reserves.
However, these objectives became increasingly more challenging in the last seven years:first
through property tax reform where tax rates were dramatically reduced to offset increases in
prope-rty'ralues; and subsequently with the decline in property values without revisions to the
property tax rate, as well as increasing pension costs. ln the last seven years, the General Fund
has abiorbed almost $43 million in reductions and reductions of approximately $50 million city-
wide and 271 positions across allfunds.
Further, a total of approximately $20 million in employee "give-backs" were achieved between
FY 2009/1 0 and FY 2011/12, through a combination of freezing cost of living adjustments for all
employees for two and one-half years, elimination of merit increases for all employee except
members of the Fraternal Order of Police (FOP) and lnternational Association of Firefighters)
IAFF, increased contribution to pension for all employees except members of FOP and IAFF,
pension plan changes forthe Miami Beach Employees Retirement Plan, increased contributions
iortake-home vehides by FOP membersfor 18 months, reduced holidaypayfor IAFF members,
and increased contributions to health insurance by members of the FOP and IAFF for 18
months. ln addition, the FY 2012113 budget included an estimated $3.8 million in employee
"give-backs." With the adopted $0.6 million in efficiencies and $4.6 million in employee
givebacks incorporated in the Adopted Work Plan and Budgetfor FY 2013114,the 7 yeartotal of
1ed uctions a nd e mp|oyee g ive ba.oks ts-et I mo*.-t $I I m i t t i o n
871
FY 2014115 Proposed Millage Rate
July 23,2014
Page 4
Estimated Emolovee Givebacks *
GRAND TOTAL REDUCTIONS AND GIVEBACKS
($4.666.0001 ($25.933.360)l -
$ (s,778,0001 (5.5 2.0 $ o6.814.296t1 e76.5 fi1.0
* FY 2012113 Budgeted included $3.8 savings for Employee Givebacks, of which only 9918K were achieved
Although the economy appears to have stabilized, the impact of the recent recession impacted
both property tax revenues as well as pension costs through FY2013114. Therefore, the City's
strategy continues to consider the long term financial sustainability of the City. Beginning with
the development of the FY 2009/10 budget, a strategy was developed to address short-term,
mid-term and long-term financial needs.
Strategies to address short-term financial needs included ongoing efficiencies and wage
concessions by employees.
Mid-term financial sustainability was addressed by pension concessions from current
employees in the Miami Beach Employees Retirement Plan
Longer term financial sustainability is enhanced by the pension plan restructures that
have been put in place for employees in the City's retirement plans. For example, for
General Employees, the plan restructure adopted for new employees is projected bythe
City's actuary to reduce the City's annual required contribution by almost $1 million in FY
2012113, with additional reductions annually as the number of employees in the Miami
Beach Employees Retirement Plan hired after October 1,2010 continues to increase.
Further, additional pension plan reform recommendations were developed by the City's
Budget Advisory Commiftee (BAC) for the Fire and Police Pension Plan for consideration
as part of the FY 2013114 adopted budget. While the specific BAC recommendations
were not implemented, the pension reform agreed upon by IAFF and FOP generated
savings is in excess of the BAC recommendations: $5.6 million in the firstyearand $140
million net present value over 30 years.
GENERAL FUND CURRENT SERVICE LEVEL BUDGET UPDATE
At the strategic planning retreat on June 4,2014, the Commission was briefed regarding the
preliminary General Fund Current Service Level (CSL) budget. The CSL represents the cost of
providing the same level of services as in the prior year and serves as the baseline of funding for
the budget process.
Property taxes comprise 44o/o of the total General Fund revenue and are a key driver of CSL
revenues. The PlopertyAppraiser provided the preliminary 2014 property values on June 1,
General Fund
FY 2013114 Proposed 7-Year Total
$ lmpacts FT PT $ lmpacts FT PT
Public Safetu ($250.000 ($8,021,0951 (68.0 1.0
Operations (186.000 (2.0'($6.126.867 (66.0 Q3.O'
Administrative Suooort (139,000 (0.5 ($3.186.694 {.34.4 1.0
Econ & Cultural Dev u2.000 ($'t.235.426 n7.o'
Citywide ($1.6'19.642
Subtota $ (617,000 (2.5 $20.189.724 fi85.4 e1.0'
fransfers ($23.168.966
Tota $ (617,000t (2.5)$ (43.358.690 (18s.41 Q1.0)
lntemal Service Funds (373.0001 (1.01 ($3.871.225 (38.1
Enterprise Funds fi22.OOO (2.0 2.0 ($3.651.021 (53.01 10.0
GRAND TOTAL REDUCTIONS $ (1.112.0001 (s.5 2.0 $ (50,880,9361 (276.51 (11.0
872
FY 2014115 Proposed Millage Rate
July 23,2014
Page 5
2014. The preliminary 2AM property values increased 9.4o/o,which resulted in an increase of
$11 million in General Fund property tax revenues.
CSL revenues were estimated to increase $12.7 million due to an $11 million increase in
property tax revenues (assumed keeping the millage rate the same), a $2.5 million increase in
buifOinj permit revenue, a $1 million increase in electric utility and franchise taxes, and a
decrea-se in prior-year set-aside (one-time revenue) of $1 .8 million. The Resort Tax contribution
and Parking fund surplus contribution were assumed to be flat.
CSL expenditures were estimated to increase $10.7 million due to salary increase from a 3%
cost of iiving adjustment (COLA) and O-2o/o merit pay, the impact of annualized costs for items
added during FY 2013/14, the impact of CSL department requests, and savings in net lower
pension con[ributions due to savings in Fire and Police form lastyear's pension reform offset by
a slight increase in MBERP pension contribution.
The preliminary CSL presented at the June 4th strategic planning retreat totaled a net surplus of
$2.0 million
Since that time, the CSL has been updated with the fiscal impact of two items. On July 1't the
property Appraiser provided the certified taxable values for 2014 which are the official numbers
used for tne OuOget process. The certified taxable values increased 10.3o/o, net of the City
Center Redevelo[ment Area, which was higher than the preliminary taxable value of 9.4%. This
difference results in an additional $650,000 of property tax revenue.
On the expenditure side, additionalwindstorm insurance coverage of $335,000 was added to
the FY 2013114 budget in the Risk Management fund at the June 11tn Commission meeting.
The Risk Management fund is an internal service fund that charges out all of its- costs to other
departments in-various funds. The General Fund comprises approximately 60% of the Risk
charges so the impact to the General Fund for the FY 2014115 CSL is $201,000.
The net result to the preliminary CSL surplus of $2.0 mitlion given $650,000 of additional
propertytax revenue and $201,000 of additionalwindstorm coverage expenditure is an updated
CSL surplus of $2.45 million.
FY zotfilts CSt UPDATE
- ---: - - '----
2.O ' million
Additional Property Tax Revgnye
i---..
:AdditionalWindstorm Coverage Expense ' lO.2): million
!t:l
It- .
-j "s
l
1
".-.-... .. .. .. ... . -."1* '=- - .'..--.*t1:
'CSLRevenues iS L2], millio-ni
; 10.7 million
;Net Surplus/(Shortfall) I S 2.o million l
; Net Surplus/(Shortfall)S 2.45 : million L
873
FY 2014115 Proposed Millage Rate
July 23,2014
Page 6
DECISION.MAKING PROCESS
Development of the FY 2014115 budget began early in the calendar year with budget staff and
departments working togetherto prepare their current service level budgets. On June 4, 2014,
the Commission held a retreat to review the community survey results, updated environmental
scan, and prioritize initiatives in the strategic plan. On July 18th the Finance & City-wide Projects
Committee (FCWPC) reviewed the Cunent Service Level budget, which reflects budget
increases ordecreases necessaryto provide the same levelof services in the coming yearand
the proposed Capital lmprovement Program, which details all of the City's capital projects over
the next five years. ln August, the FCWPC will meet on the 13th and 1sth to review potential
efficiencies, potential service reductions and revenue enhancements, as well as finalize
approaches to balance the budget. The FY 2A14n5 Proposed Work Plan and Budget will
continue our focus on providing "value of services for tax dollars paid" and will be adopted in
September,2014, aftertwo budget hearings on September 1Oth and September 30th.
STATUTORY REQUIREMENTS
FS 200.065, entitled "Method of Fixing Millage" establishes specific guidelines that must be used
by all local government entities in setting millage (property tax) rates. Under the statute, the City
is required, within 35 days of receipt of the "Certification of Taxable Value" (received July 1,
2014), to advise the Miami-Dade County PropertyAppraiserof the proposed general operating
millage rate, the calculated "rolled-back" rate and the date, time, and place of the first public
hearing to consider the proposed millage rates and tentative budgets for FY 2014115. The
required Debt Service millage rate must also be set at the same time as the general operating
millage.
After setting the proposed operating millage rate, the Commission may, at any time prior to the
final adoption, lower the rates by adjusting priorities. However, increasing the millage rate may
only be accomplished byan expensive mailing and advertising process to every propertyowner
on Miami Beach. The City's proposed operating millage rate as well as that of other taxing
authorities will be included in the Truth-in-Millage (TRIM) statementsentto each properlyowner
in the City.
ANALYSIS OF PROPERTY VALUES IN MIAMI BEACH
On July 1,2A14, the City received the"2014 Certification of Taxable Value" from the Property
Appraiser's Office stating that the taxable value for the City of Miami Beach is $27.1 billion
including $152.2 million in new construction. The preliminary 2O14vatue represents an increase
of $2.4 billionor9.gpercentmorethantheJuly 1,2013,Certificationof TaxableVatue ot$24.6
billion and an increase of 9.3 percent, excluding new construction.
The comparative assessed values for the Miami Beach Redevelopment Agency City Center
redevelopment district increased from $3.9 billion to $4.2 billion an increase of $315 million ora
8.1 percent increase over 2013 certified values. ln addition, assessed values within the
geographic area formerly known as the South Pointe redevelopment district increased from $3.9
billion to $4.3 billion an increase of $413 million, or a 10.5 percent increase in values over 2013
certified values. As a result, taxable values in the areas outside the City Center RDA/South
Pointe area increased by 10.2 percent, from $16.9 billion to $18.6 billion, an increase of $1.7
million.
874
FY 2014115 Proposed Millage Rate
July 23,2014
PageT
Citywide vatues excluding City Center increased from $20.8 billion to $22.9 billion, an increase
of $z.t billion or 10.3 p"i""ni. Values outside the City Center area determine General Fund
revenues.
COMPARATIVE ASSESSED VALUES
Jon. I 20 13 Volue (in billions)
%Cho
Jon. I, 201r'
Volue (in
billionsl
Chonge from 2013
Volue [Budset]
As of July I
20r 3
(For FY
2013/14
Budqetl
Revised
Volue (For
FY
2013/14
Proiectionl
Chonge in
2013
Volues
As of .luly I
201 3
lFor 2014/15
Budqet)
$
(in billions)%Cho
IDA - City Ctr $ s.ezt z $ g.osai $ (0.237s 4.1"1 $ 4.1867 $ 0.315:8.1%
louth Pointe 3.9 r 48 3.769't0.1456 -3.77,4.327:$ 0.4127 10.5%
3enerol Fund excl
S.Pie
16.8703 16.2354 (0.634e)-3.8"1 18.594i $ 1.7239 10.2%
Totol Citywide 5 24.656s $ 23.6387 (r.0r78)4.1"/,$ 27.1084 $ z.asts 9.9y"
Citnvide Net ol
Citv Center $ 20.7851 $ 20.004($ (0.7805)-3.8"/,$ 22.9217 $ 2.1 366 r 0.3%
VALUE OF ONE MILL OF TA)(ABLE VALUE
The first building block in developing a municipal budget is the establishment of the value of one
mill of taxation]wherein tne miil iJ defined as $1.0b of ad valorem tax for each $1,000 of
property value. For the City of Miami Beach, the value for each mill is determined by the 2014
Certification of Taxable Vilue and has been set at $27 '1 million' Florida Statutes permit a
discount of up to five percent for early payment discounts, delinquencies, etc' Therefore, the 95
percent rrtri of the mill is $25.7 milfion.- Net of Center City RDA tax increment available to the
beneral Fund, the value of one mill at 95 percent is $22.0 million.
MA)(IM UM MILLAGE DETERMINATION
For Fy 2014115, the proposed operating millage rate forgeneral Cityoperationsis 9..8691'same
as in Fy 20 13t14. Based on the July 1 lZOl+,bertification of Taxable Value, 5.8634 mills would
generate approximately $1 50,975,0-OO in general tax revenues, an increase of $13,632,000 over
Fy 2013/14'budgeted property tax revenGs Citywide (General Fund, City Center RDA and the
South Pointe area).
Further, the January 1,2013, tax roll Citywide declined by $1.0 billion between the July 1,2013
valuation and the llty t ,2014 valuation due to appeals, adjustments, etc., which is part of the
reason that the Fy do14t15 "rolled-back rate" is significantly less than the FY 2013/14 current
millage rate. The area outside of City Center RDA declined by almost $0.8 billion.
Further, pursuant to recently enacted State legislation, the City may elect to approve millage
rates above the roll-bact< r:aie up-to the constiiutional cap of 10 mills subject to-thejollowing-
875
FY 2014115 Proposed Millage Rate
July 23,2014
Page 8
votes by the Commission or referendum:
. Option l: A majority of the approval of the Commission Millage is required to approve a
millage up to 7.2121 (equivalent to 3.15 percent increase in property t.ax revenues). The
3.15 percent increase is the state per capita personal income gain ior the prior caiendar
year.. Option ll: A two-thirds approval (5 of 7 votes) of the Commission is required to approve a
millage up to 7.9333 (equivalent to a 10% increase in the ad valorem revenues above
Option l).. Option lll: A unanimous approval of the Commission or referendum is required to approve a
millage above 7.9333 up to the 10 mill cap
The proposed operating millage rate of 5.8634 therefore requires a majority approval (4 of Z
votes) of the Commission.
DETERMINING THE VOTED DEBT SERVICE MILLAGE LEVY
The general obligation debt service payment for FY 2014t15 is approximately $5.9 million.
Based on the July 1 , 2014 Certified Taxable Value from the Property Appraisei, these bonds
would require the levy of a voted debt service millage of 0.2295 mills. This represents a
decrease of 0.0234 mills.
lllustrated below is a comparison of the combined millage rates and ad valorem revenues to the
City of Miami Beach for FY 2013114 and FY 2014t15 (preliminary) inctuding RDA. tt is
recommended that in the General Fund, 0.1083 mills of the totaloperating millage continue to
be dedicated to renewal and replacement, resurting in approximately 92.ig million in renewal
and replacement funding.
%lnclDecl
City of Miami Beach Millage Rates
Operating
Capital Renewal & Replacement
Sub-total Operating Millage
Debt Service
Total
FY 06/07
7192C
0.182C
FY 13114
5.755'1
0.1083
lnc/(Dec)
0.000c
0.000c
F rom romF
FY13l14 FY 06/07
7.3740
0.299C
5.8634
0.2529
0.0000
-0.o2u
0.0% -20.50/o
-9.3o/o -23.2o/o
7.6730 6.1163 -0.0234 -0.4o/o -20.60/o
lf these recommended millage rates are tentatively adopted, then the City of Miami Beach's total
operating millage will remain the same as the current year, and the voted debt service millage
will decrease by 0.0234 mills.
876
FY 2014115 Proposed Millage Rate
July 23,2014
Page 9
Homesteaded ProPerties
Amendment 10 to the State Constitution took effect on January 1 , 1995 and limited the increase
in assessed value of homesteaded property to the percentage increase in the consumer price
index (Cpl) or three percent (3%), whichever is less. For 2O14,the CPI has been determined to
be 1 .S'percent and therefore, the increase is capped at1.So/ofor increased values as of January
1,2014.
Overall, based on the homesteaded properties in the January 1,2013 homestea.d values as of
July 1 , iOlgvaluation, the median vaiue'of homesteaded property in Miami Beach for 2013 was
$l5Z,gl t, and the average $31 7,086. Applying the increase to the market value of all existing
homesteaded propertieslrom the 2013 tax roll, and the 1.5 percent CPI adjustment, the impact
of the millage iate adjustment to homesteaded properties would be as shown in the following
table.
Homesteaded ProPerties
FY 2013114
FY 2OL4IL5
with 1.5% CPI
Median Average Median Average
2013 Preliminary Taxable Value $ 132,371 $ 317,086 $ 134,357 $ 321,842
City of Miami Beach
Operating
Voted Debt
Total Miami Beach
$776
33
$ 1,859
73
$ 788
31
$ 1,887
74
E eos $ 1,932 $ 819 $ 1,961
g Change in Taxes
Operating
Voted Debt
Total Miami Beach
$12 $ 28
(21 1
$10$ 29
* Source: Miami-Dade County Property Appraiser's - ZOt a-","',g9-'"ditn-ho'"ttt'
Non-Homesteaded ProPefties
The annual increase in market value of a non-homestead property is capped at 10 percent
(does not apply to school millages). The city-wide average increase in property values is 9.9
percent. The pioperty value of irdividual properties may increase more or less than 9.9 percent,
but not more than 10 Percent.
H istorical PersPective
It is important to remember that in prior years, the City of Miami Beach significantly reduced tax
rates as property vatues increased. Betr,veen FY 1999/00 and FY 2009110, property tax rates
declined'approiimately 2.8 mills. ln FY 2Oo7lO8 alone, the property tax rate declined by
approximaiely 1.8 mills, with annual savings to the av_e.rag9 homesteaded properlyof over$400.
ln addition, in FY 2005/OO and FY aOOO1O7, the City funded $200 and $300 homeowner
dividends paid to homesteaded property owners in the City'
877
FY 2014115 Proposed Millage Rate
July 23,2014
Page 10
Property Volue, Milloge ond Properfy Tox Levy
Toxoble Volues
Chort
Toxoble Property
Volues {btllionsl
Finol,/Revised
Toxoble
Volues
(billions)
Millooe Rotes Tox Lew {in millions}
Totol Combined
Cihyraride
Millooe
Gnerol
Fund/RDA
Millooe
Totol Tox Levy
includinq Debt
Generol Fund
Totol
{including S.
Pointe, ond
Renewol &
Replocemenl)
tY1997 /98 $6.46 $ 6.40 9.2 r 00 7.4990 $ 57.45 $ 46.78
tY1998/99 $6.97 s 6.87 8.9830 7.4990 $ oo.rz s 44.66
FY1999/OO $7.66 $ 7.54 8.6980 7.4990 $ oq.zs s 4736
FYZWO/O1 $o.J/$ 8.22 8.5550 7.3990 $ 69.08 $ 49.75
FY2W1/02 $9.40 $ 9.22 8.3760 7.2990 $ zs.sz $ 5437
FY2@2/Os $ to.s6 $o.41 8.3220 7.2990 $ 84 BI $ 6r.05
FY2W3/O4 $ 12.09 $1.85 8.1730 7.2990 $ 9s39 $ 68. 17
FY2W4/Os $ 14.04 $J.UO 8.1730 7.4250 $10.74 $ 79.38
FY2cc.s/06 s t7.4s $7.15 8.0230 7.4810 $35 91 $I 1.69
FY2W6/O7 s 2274 $ 22.26 7.6730 7.3740 $68.38 $40.3I
FY2@7/08 $ 26.85 $ 26.14 5.8970 5.6555 $50.42 $25.33
rY2008/o9 $ 26.90 $ 2s.89 s.8930 5.6555 $50.59 $25.94
rY2C09/0 $ 24.70 $ zs.zt 5.9123 s.6555 $38.74 $15.73
FY20 o/I $ 22.10 $ 20.e7 6.5025 6.2 r55 $36.55 $12.1A
FY20 1/2 $ 21.98 $ 20.7s 6 4539 6. r 655 $34.75 $11.29
FY20 3 $ 23.07 $ 22.02 6.3477 6.0909 $39.10 $t 4.Jt
FY20 3/4 $ 24.66 s 23.64 6.1 163 s.8634 $43.26 $17.41
N20 4/5 $ 27.10 6.0929 5.8634 $56.89 $29.29
Further, although the City increased the operating tax rate by 0.56 mills in FY 2010/1 1 , the City
has decreased the millage by 0.3521 mills in the last three years and the combined millage rate
overall remains approximately 2.6 mills lower or 30%, than it was in FY 1999/00.
TOTAL COIV|BINED MILLAGE
1o-oo(rc
9-@OO
a.moo
7-@OO
(u
?6 6.0000
E
6' 5.OOOOqot!
=
4.m@
=3-qxlo
2.moo
1-OO@
t)-moo
9a 99 00 01 02 (}3 (x 05 06 07 0a 09 Lo 7.7. 7.2 t3
Fiscal Years
878
FY 2014115 Proposed Millage Rate
July 23,2014
Page 11
FIRST PUBLIC HEARING
The first pubtic hearing on the proposed millage rates and tentative budgets for FY 2014115
must be held no later t[an 80 days or earlier than 65 days from the start of the TRIM ("Truth ln
Millage"l calendar (July 1st). Other guidelines are: 1) the public hearing cannot be scheduled on
a SuiOay or on those days utilized by Miami-Dade County or the Miami-Dade County School
Board foi tneir public hearings; and 2) if on a day other than Saturday, the public hearing must
be after 5:00 P.M.
Based on these guidelines, the first hearing must be held between September 3rd and
September 18th. These dates are unavailable for the following reasons:
September 7 and 14
September 4 and 18
September 3
Of the remaining days, it is recommended that the first public hearing be set for Wednesday,
September 10,2014, at 5:01 P.M., in the City Commission Chambers, City Hall, and 1700
Convention Center Drive, Miami Beach, Florida.
LM/JW
@
Sundays
Proposed dates for Miami-Dade County Public Hearings
Miami-Dade County School Board Public Hearing
879
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING THE
PROPOSED MTLLAGE RATES FOR FISCAL YEAR (FY)
2014115, THE CALCULATED "ROLLED.BACK" RATE, AND
THE DATE, TIME, AND PLACE OF THE FIRST PUBLIC
HEARING; FURTHER AUTHORIZING THE CITY MANAGER
TO TRANSMIT THIS TNFORMATION TO THE MIAMI.DADE
COUNTY PROPERry APPRAISER IN THE FORM
REQUIRED BY SECTION 200.065, FLORIDA STATUTES
WHEREAS, Section 200.065, Florida Statutes, has specified the method by which
municipalities may fix the millage rate and adopt an annual budget; and
WHEREAS, development of the FY 2014/15 budget began early in the year and has
included discussions with the Commission that included a review of priorities, economic
projections and their impacts on the budget, preliminary projected revenues and
expenditures; and
WHEREAS, over the last several years, the City of Miami Beach has adopted
budgets that provided tax and fee relief while at the same time providing improved services
that address needs and priorities identified by the community and providing structural
changes that enhanced capitalfunding and reserve; and
WHEREAS, maintaining and enhancing the City's priorities have become
increasingly more chaltenging in the last seven years: first through property tax reform
where tax rates were dramatically reduced; and subsequently with the decline in property
as well as increasing pension costs; and
WHEREAS, the July 1 ,2014, Certification of Taxable Value from the Miami-Dade
County Property Appraiser reflects a 9.9 percent increase in Citywide property tax values
from the July 1 , 2013, tax roll certification, a 8.1 percent increase in the City Center
Redevelopment Area (RDA), and a 10.3 percent increase in values outside the City Center
RDA, which impacts the City's General Fund revenues; and
WHEREAS, in the last seven years, the General Fund has absorbed $43 million in
reductions (and more than $50 million citywide and 276 positions across all funds) in a
General Fund budget that is $264.1 million in FY 2013114, which is only 11o/omorcthan the
FY 2006/07 budget, despite pension contribution increases of $29 million over the same
period; and
WHEREAS, a total of approximately $26 million in employee "give-backs" were
achieved between FY 2OOgl10 and FY 2O13l14,which, along with more than $50 million in
efficiencies and reductions, represents more than $76.8 million in combined "givebacks"
and reductions over 7 years; and
880
WHEREAS, between FY 1999/00 and FY 2011112, thetotalcombined Cityof Miami
Beach property tax rates declined approximately 2.24 mills and in FY 2007108 alone, the
property tax rate declined by approximately 1.8 mills, with annual savings to the average
homesteaded property of over $400, in addition to City funded $200 and $300 homeowner
dividends paid to homesteaded property owners in the City in FY 2005/06 and FY 2006107:
and
WHEREAS, at the July 16th, 2014, Finance and Citywide Projects (FCWPC)
meeting the consensus was to set the proposed operating millage in July at the rate of the
millage rate of 6.0929, which is 0.0234 less than the FY 2013114 rate; and
WHEREAS, the City of Miami Beach is required to advise the Miami-Dade County
Property Appraiser of the Proposed Millage Rates, the "Rolled-Back" Rate, and the date,
time, and place of the first public hearing; and
WHEREAS, the January 1,2013, tax roll declined by $t.0 billion between the July
1,2013, valuation and the July 1,2014, valuation due to appeals, adjustments, etc. , which
is part of the reason the FY 2014115 "rolled-back rate" is 0.7558 mills lower than the FY
2013114 current millage rate; and
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the fo|IowiNg
recommendations of the Administration be and are hereby ratified for transmittal to the
Miami-Dade County PropertyAppraiser, as specified in Section 200.065, Florida Statutes:
1) Proposed Millage Rates for FY 2014115
General Operating 5.7551 milts
Capital Renewal & Replacement 0.1083 mills
Total Operating Millage 5.8634 mills
Debt Service
Total Combined Millage
2') "Rolled-Back" Rate
0.2295 mills
6.0929 mills
5.1076 mills
3) The first public hearing on the proposed millage rate and the tentative budget for FY
2014115 shall be held on Wednesday, September 10,2014 at 5:01 P.M., in the City
Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida.
881
PASSED and ADOPTED, this 23d day of July,2014.
ATTEST:
RAPHAEL E. GRANADO, CITY CLERK
MAYOR PHILIP LEVINE
ao 0? tlo(rt\'/t' city"Aftomey 'Date
882
THIS PAGE INTENTIONALLY LEFT BLANK
883
lntended Outcome
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT
NETGHBORHOOD IMPROVEMENT DISTRICT SETTTNG 1) THE PROPOSED GENEML OPERATTNG
MILLAGE RATE FOR THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT; 2) THE
CALCULATED ROLLED-BACK RATE; AND, 3) THE DATE, TIME AND PLACE OF THE FIRST PUBLIC
HEARTNG TO CONSIDER THE OPERATTNG MTLLAGE RATE AND BUDGET FOR FTSCAL YEAR (FY) 2O14t15;
FURTHER AUTHORIZING THE CITY MANAGER TO TMNSMIT THIS INFORMATION TO THE MIAMI-DADE
COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION FLORIDA STATUTES
Ensure expenditure trends are sustainable over the long term.
Supporting Data (Surveys, Environmenta! Scan, etc.):
ln the 2014 Community Survey, both residents and businesses reported the following areas for the City to
address in an effort to improve public safety:o Neighborhood safety during the day (Residents: 98%)o Neighborhood safety during the evening/night (Residents: 88%)
Item Summary/Recommendation :
FS 200.065, entiUed "Method of Fixing Millage" establishes specific guidelines that must be used by all local
govemment entities, including dependent taxing districts like Normandy Shores in setting its millage (property tax)
rates. Not unlike its principal taxing authority (City of Miami Beach), Normandy Shores is also required to transmit
within 35 days from receipt of the Certification of Taxable Value (received July 1,2014), to the Miami-Dade
County Property Appraiser, a proposed operating millage rate, the calculated rolled-back rate and the date, time,
and place of the first public hearing to consider the proposed operating millage rate and tentative budget for FY
2014115.
The proposed FY 2014115 cunent service level (CSL) budget is $222,000. The CSL budget provides for
continual 24-hour security and includes two line items which were requested and approved by the Normandy
Shores Neighborhood District Homeowners'Association on July 11,2014. These include $10,000 for security
camera upgrades to the North Shore-Fairway entrance; and $10,000 for potential additional costs related to the
security gate project. The proposed budget is 1 % ($3,000) lower than the FY 2013114 adopted budget.
The proposed ad valorem millage recommended by the Administration is 1.1305 mills. This millage rate will fund
the cunent service level budget for the district. This millage rate is 0.1382 mills (10.7%) lower than the FY
2013114 adopted millage of 1.2687. This tax levy would generate proceeds of $151,900 ($144,300 at 95%). The
FY 2014115 proposed millage rate will require a majority vote.
The rolled-back rate is the millage rate required to produce the same level of property tax revenue on FY 2014115
ascollectedinFY2013/14. Therateiscalculatedasl.l39l,or0.1296millslessthanthemillagerateadopted
for FY 2013114. The rolled-back millage rate tiax levy would generate proceeds of $153,059. The difference
between the cunent service level and rolled-back rate levy is $1,165.
Fi nancia! I nformation :
Source of
Funds:
tr-@
Amount Account
1
2
OBP!Total
Financial lmpact Summary The July 1,2014, Certification of Taxable Value from the Miami-Dade Property
Appraiser reflects a 10.7 percent increase in property tax values from the July 1, 2013, tax roll certification. The
proposed millage rate for the FY 2014115 budget results in property taxes of $151,900 in the Normandy Shores
Neighborhood District Homeowners' Association.
Clerk's Office
(s MIAMIBHACH nnn R1(r
884
g MIAMIBEACH
Mayor Philip Levine and
FROM: Jimmy Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE
City of Miomi Beoch, I700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
of the citv (ommission
D OF DIRECTORS OF THE NORMANDY
SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT
SETTING 1) THE PROPOSED GENERAL OPERATING MILLAGE RATE FOR
THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT; 2)
THE CALCULATED ROLLED.BACK RATE; AND, 3) THE DATE, TIME AND
PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER THE OPERATING
MILLAGE RATE AND BUDGET FOR FISCAL YEAR (FYl 2014115; FURTHER
AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO
THE MIAMI.DADE COUNTY PROPERTY APPRAISER IN THE FORM
REQUIRED BY SECTION 200.065, FLORIDA STATUTES
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission, acting in its capacity
as the Board of Directors for the Normandy Shores Local Government Neighborhood
lmprovement District, adopt the attached resolution which authorizes the City Manager to
transmit the following information to the Miami-Dade County Property Appraiser:
1) Proposed Millage Rate for the Normandy Shores Neighborhood lmprovement
District for FY 2014115:
General Operating 1 .1 305 mills (0.1382 decrease from last year)
2) "Rolled-Back" Rate (Truth in Millage) 1.1391 mills
3) The first public hearing to consider the proposed Normandy Shores Neighborhood
lmprovement District operating millage rate and tentative budget for FY 2014115 shall be
Wednesday, September 10, 2014 at 5:02 p.m., in the City Commission Chambers, City
Hall, 1700 Convention Center Drive, Miami Beach, Florida.
885
FY 2014115 Normandy Shores Proposed Millage Rate
July 23,2014
Page 2 of 4
BACKGROUND
The Normandy Shores Local Government Neighborhood lmprovement District, a dependent
taxing district of its principal, the City of Miami Beach, was established in 1994 to provide
continual 24-hour security to this gated community; FY 2014115 represents it twenty-first
year of operation.
It was established by Ordinance 93-2881, and has the authority "fo levy an ad-valorem tax
on real and personal property of up to two mills, provided that no parcel of propefty will be
assessed more than $500 annually for such improvements". During FY 1998/99 the amount
of annual funding to be provided by the City and the dependent status of the District were
issues discussed by the Finance and Citywide Projects Committee. A determination was
reached that the City would fund 35% of the annual cost of the operation of the community
gate guard. This cost will eventually be funded from the golf course operation of the
Normandy Shores Golf Course. lt was further agreed that the City would continue to
supplement the District at current levels until both issues were resolved. On August 29,
2002, the Administration met with the Normandy Shores Local Government Neighborhood
lmprovement District representatives and agreed to eliminate the $500 cap on the highest
valued home in the District. The enabling legislation was adopted by the Commission on
September 25, 2002. This ensures that the City's contribution from the General Fund
remains at35o/o of the operating budget of the District.
ANALYSIS
On July 1, 2014, the City received the 2013 Certification of Taxable Value from the Property
Appraiser's Office stating that the taxable value for Normandy Shores is $134,363,196
which includes an increase of $91,358 in new construction, renovation, etc. The preliminary
value represents an increase of $13,023,331 from the July 1 , 2013 Certification of taxable
Value of $121 ,339,865 (10.7 percent) and an increase of 1 1 .5 percent over 2013's July 2013
value of $120,557,974. lt is important to note that the January 1,2013 tax roll for
Normandy Shores decreased by almost $782,000 (0.6%) between the July 1, 2013
valuation and the July 1 ,2014, due to appeals, adjustments, etc.
Current Service Level Budget
The current service level budget reflects budget increases or decreases necessary to
provide the current level of services in the coming year. The proposed FY 2014115 current
service level budget is $222,000. This budget includes two line items which were requested
and approved by the Normandy District Homeowners' Association on July 1 1, 2014. These
include $10,000 for security camera upgrades to the North Shore-Fairway entrance; and
$10,000 for potential additional costs associated with the new gate. The budget is 1%
($3,OOO1 lower than the FY 2013114 adopted budget.
The proposed ad valorem millage recommended by the Administration is 1.1305 mills. This
millage rate will fund the current service level budget for the District. This millage rate is
0.1382 mills (10.7%) lower than the FY 2013/14 adopted millage of 1.2687. This tax levy
would generate proceeds of $151,900, which will be budgeted at95o/o, $144,300.
886
FY 2014115 Normandy Shores Proposed Millage Rate
July 23,2014
Page 3 of 4
Statutory Requirement
FS 200.065, entitled "Method of Fixing Millage" establishes specific guidelines that must be
used by all local government entities, including dependent taxing districts like Normandy
Shores in setting its millage (property tax) rates. Not unlike its principal taxing authority (City
of Miami Beach), Normandy Shores is also required to transmit within 35 days from receipt
of the Certification of Taxable Value (received July 1 , 2014), to the Miami-Dade County
Property Appraiser, a proposed operating millage rate, the calculated rolled-back rate and
the date, time, and place of the first public hearing to consider the proposed operating
millage rate and tentative budget for FY 2014115.
The rolled-back rate is the millage rate required to produce the same level of property tax
revenue on FY 2014115 as collected in FY 2013114. The rate is calculated as 1.1391, or
0.1296 mills less than the millage rate adopted for FY 2013114. The rolled-back millage rate
tax levy would generate proceeds of $153,059. The difference between the current service
level and rolled-back rate levy is $1,165. The adoption of the current service level millage of
1.1305 would require a majority vote of the Commission.
After setting the proposed operating millage rate for Normandy Shores, the City Commission
may, at any time prior to the final adoption, lower the millage rate; however any increase
above the proposed millage rate of 1.1305, if adopted, would require an expensive mailing
and advertising process to each property owner of Normandy Shores. Therefore, this
proposed millage rate is viewed as the ceiling.
Further, pursuant to State Statute, the City may elect to approve millage rates above the
rolled-back rate up to the constitutional cap of 10 mills subject to the following votes by the
Commission or referendum:
. Option l: A majority of the approval of the Commission Millage is required to approve a
millage up to 1 .1750 (equivalent to a 1.69% increase in Property Tax revenues). The
3.15o/o increase is the state per capita personal income gain for the prior calendar year.
. Option l!: A two{hirds approval (5 of 7 votes) of the Commission is required to approve a
millage up to 1.2925 (equivalent to a 10% increase in Property Tax revenues above
Option !).
. Option lll: A unanimous approval of the Commission or referendum is required to
approve a millage above 1.2925 mills
First Public Hearinq
The first public hearing on the proposed operating millage rate and tentative budget for FY
2014115 must be held no later than 80 days (September 18th) or earlier than 65 days
(September 3rd) from the start of the TRIM calendar (July 1st). Other guidelines are: 1) The
public hearing cannot be scheduled on a Sunday or on those days utilized by Miami-Dade
County or the Miami-Dade County School Board for their public hearing; 2) lf on a day other
than Saturday, it must be held after 5:00 P.M.; and 3) must be held immediately following
887
FY 2014115 Normandy Shores Proposed Millage Rate
July 23,2014
Page 4of4
discussion of the tentative millage and budget of its principal taxing authority (City of Miami
Beach).
Based on these guidelines, the first hearing must be held between September 3rd and
September 18th. These dates are unavailable for the following reasons:
September 7 and 14 Sundays
September 4 and 18 Proposed dates for Miami-Dade County Public Hearing
September 3 Miami-Dade County School Board Public Hearing
Of the remaining days, it is recommended that the first public hearing be set forWednesday,
September 10, 2014 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700
Convention Center Drive, immediately following the City of Miami Beach's public hearing.
JLM:JW@
888
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE NORMANDY SHORES LOCAL GOVERNMENT
NETGHBORHOOD TMPROVEMENT DISTR|CT SETTTNG 1)
THE PROPOSED GENERAL OPERATING MILLAGE
RATE FOR THE NORMANDY SHORES NEIGHBORHOOD
IMPROVEMENT DISTRICTi 2l THE CALCULATED
ROLLED.BACK RATE; AND, 3) THE DATE, TIME AND
PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER
THE OPERATING MILLAGE RATE AND BUDGET FOR
FISCAL YEAR (FYl 2$a115; FURTHER AUTHORIZING
THE CITY MANAGER TO TRANSMIT THIS INFORMATION
TO THE MIAMI.DADE COUNTY PROPERW APPRAISER
IN THE FORM REQUIRED BY SECTION 200.065,
FLORIDA STATUTES.
WHEREAS, Section 200.065, Florida Statutes, has specified the method
by which municipalities may fix the operating millage rate and adopt an annual budget
for dependent taxing districts; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach,
acting as the Board of Directors of the Normandy Shores Local Government
Neighborhood lmprovement District propose that the District's General Operating
Millage Rate be set at 1 .1305 mills and that the Rolled-Back Rate be set at 1.1391 mills;
and
WHEREAS, the City of Miami Beach is required to advise the Miami-
Dade County Property Appraiser of the Proposed Normandy Shores Neighborhood
lmprovement District Operating Millage Rate, the Rolled-Back Rate, and the date, time,
and place of the first public hearing.
NOW THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF
DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT
NEIGHBORHOOD IMPROVEMENT DISTRICT, that the following recommendations of
the Administration be and are hereby ratified for transmittal to the Miami-Dade County
Property Appraiser, as specified in Section 200.065, Florida Statutes:
889
1) Proposed Normandy Shores Local Government Neighborhood lmprovement
District Operating Millage Rate for FY 2014115
General Operating 1.1305 mills
2) "Rolled-Back Rate" 1.1391 mills
3) The first public hearing on the proposed Normandy Shores Local Govemment
Neighborhood lmprovement District operating millage rate and tentative budget
for FY 2014115 shall be held on Wednesday, September 10, 2014 at 5:02 p.m., in
the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami
Beach, Florida.
PASSED and ADOPTED this 23rd day of July, 2014
ATTEST:
MAYOR PHILIP LEVINE
RAPHAEL E. GRANADO, CITY CLERK
?*C,; ,(rr(tr
City Attorney Date
890
THIS PAGE INTENTIONALLY LEFT BLANK
891
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, SETTING A
PUBLIC HEARING ON JULY 30,2014 TO ADOPT THE SIXTH AMENDMENT TO THE CAPITAL BUDGET
FOR FISCAL YEAR GYI2O13I14.
Kev Intended Outcome Supported:
Ensure Well Designed Quality Capital Projects -- lncrease Community Satisfaction with City Services
Supporting Data: Based on the 2012 Community Survey, storm drainage was identified as an area for
improvement, although improved from prior years; arts and culture was one of the services identified that the
city should strive not to reduce; and traffic flow, conditions of roads, and availability of public parking, were all
identified as key drivers of overall satisfaction levels. Further, the following have been prioritized as key
intended outcomes for the City's Strategic Plan: lncrease satisfaction with family recreational activities,
lmprove Convention Center facility, Enhance mobility throughout the city, lmprove parking availability,
Ensure value and timely delivery of quality capital projects, Maintain City's infrastructure, lmprove Storm
drainage system, lmprove processes through lnformation Technology. The FY 2013114 Capilal Budget and
the Capital lmprovement Plan for FY 2013114 through 2017118 includes funding for capital projects to
address each of these pri
Item
The Capital lmprovement Plan (ClP) is a plan for projects that require significant capital investment and is
intended to serve as an official statement of public policy regarding long-range physical development in the
City of Miami Beach, establishing priorities for the upcoming five year period, FY 2013114 - 2017118.
The FY 2013114 Capital Budget includes project budgets for both current and new capital projects necessary
to improve, enhance and maintain public facilities and infrastructure to meet the service demands of
residents and visitors to the City of Miami Beach. The Capital Budget for FY 2013114 appropriates funding
for projects that will require commitment of funds during the upcoming fiscal year, including construction
contracts and architecUengineer contracts to be awarded during the upcoming year and capital equipment
acquisitions. The Capital Budget for Fiscal Year 2013114 was approved on September 30, 2013, with the
adoption of Resolution No. 2013-28354. The First Amendment to the FY 2013114 Capital Budget was
approved on December 11,20'13, by resolution 2013-28442. The Second Amendment to the FY 2013114
CapitalBudgetwas approved on January 15,2014, byresolution 2014-28470. TheThirdAmendmenttothe
FY 2013114 Capital Budget was approved on March 5,2014, by resolution 2014-28524. The Fourth
Amendment to the FY 2013114 Capital Budgetwas approved on April 23,2014, by resolution 2014-28565.
The Fifth Amendment to the FY 2013114 Capital Budget was approved on June 11,2014, by resolution
2014-28625.
The Sixth Amendment to the FY 2013114 Capital Budget would appropriate funding for the Munis/Energov
information technology project.
lf any other necessary budget amendments are identified, they will also be added to the public hearing item.
The Administration requests that the Mayor and City Commission set a public hearing to be held on July 30,
2014. to adoot the Sixth Amendment to the Capital Budqet for Fiscal Year (FY) 2013114.
Financial lnformation:
Source of
Funds
Amount Account
John Woodruff, OBPI Director
AGE}IDA '''" K? H
DAIE 7-23-/y& MIAMIBEACH 892
g MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City
Jimmy L. Morales, City Manager
July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MtAMt BEACH, FLORIDAT SETTTNG A PUBLIC HEARING ON JULY 30,2014
TO ADOPT THE SIXTH AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL
YEAR (FY)2013114.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution and Set the Public Hearing for July 30,2014.
KEY INTENDED OUTCOME SUPPORTED
Ensure Well Designed Quality Capital Projects -- lncrease Community Satisfaction with
City Services
ANALYSIS
The Capital lmprovement Plan (ClP) is a plan for projects that require significant capital
investmentand is intended to serve as an official statement of public policy regarding long-
range physical development in the City of Miami Beach, establishing priorities for the
upcoming five year period, FY 2013114 - 2017118.
The FY 2013114 Capital Budget includes project budgets for both current and new capital
projects necessary to improve, enhance and maintain public facilities and infrastructure to
meet the service demands of residents and visitors to the City of Miami Beach. The Capital
Budget for FY 2013114 appropriates funding for projects that will require commitment of
funds during the upcoming fiscal year, including construction contracts and
architecUengineercontracts to be awarded during the upcoming yearand capitalequipment
acquisitions. The Capital Budget for Fiscal Year 2013114was approved on September 30,
2013 with the adoption of Resolution No. 2013-28354. The First Amendment to the FY
2013114 Capital Budgetwas approved on December 11,2013, by resolution2013-28442.
The Second Amendment to the FY 2013114 Capital Budget was approved on January 15,
2014, by resolution2014-28470. The Third Amendment to the FY 2013114 Capital Budget
was approved on March 5,2014, by resolution 2014-28524. The Fourth Amendment to the
FY 2013114 Capital Budgetwas approved on April 23,2014, by resolution20l4-28565. The
Fifth Amendment to the FY 2013114 Capital Budget was approved on June 1 1, 2014, by
resol ution 20 1 4-28625.
TO:
FROM:
DATE:
893
Resolution Setting a Public Hearing to Adopt the Sixth Amendment to the Capital Budget for
Fiscal Year (FY) 2013114
Page2
The Sixth Amendmentto the FY 2013114 Capital Budgetwould appropriate funding forthe
Munis/Energov i nformation technology project.
lf any other necessary capital budget amendments are identified, they will also be added to
the public hearing item.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, set a public hearing to be held on July 30, 2014, to adopt the Sixth
Amendment to the Capital Budget for Fiscal Year (FY) 2013114. The key intended outcome
supported is to ensure well-designed quality capital projects and increase community
satisfaction with City services.
JLM/JW
ce\__-_
894
RESOLUTION TO BE SUBMITTED
895
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission Amending the Special Events Requirements and
Guidelines to Prohibit the Sale, Use, and Offering of Expanded Polystyrene Food Service Articles by
Event Permittees.
Item Summary/Recommendation:
At the May 22,2014 Sustainability Committee meeting, the Committee discussed restricting the sale
and use of expanded polystyrene (commonly known as Styrofoam) products, to reduce litter and
pollutants in the City's watenruays and to enhance the environmental sustainability of the City.
The Sustainability Committee unanimously passed a motion recommending that the City Commission
approve an ordinance drafted by the City Attorney's Office, which would (1) prohibit the carrying of
expanded polystyrene products into City parks; (2) prohibit the sale or use in public facilities and on
public property of expanded polystyrene food service articles by City contractors, vendors, lessees,
concessionaires, operators of City facilities and properties, and special event permittees; and (3)
prohibit expanded polystyrene food service articles on the right-of-way and prohibit sidewalk caf6
permittees from providing expanded polystyrene food service articles to sidewalk caf6 patrons. On
June 11,2014, the City Commission approved the Ordinance on First Reading. The Ordinance is
before the Commission on Second Reading at the July 23,2014 Commission meeting.
ln order to provide corresponding provisions in the City's Special Event Requirements and Guidelines
following the adoption of the above-referenced Ordinance, the Administration has proposed a
resolution amending the Special Event Requirements and Guidelines. The proposed Resolution
reconciles Section J of Part lV Special Event Requirements and Guidelines with the proposed
Ordinance (Attached).
The Administration recommends approval of the resolution amending the Special Events
Requirements and Guidelines.
Source of
Funds:
Amount Account
1
OBPI Total
Financial lmpact Summary:
Enhance the Environmental of the Community.
Supporting Data: 2o/o of residential respondents indicated trash and litter is an area that the City
needs to improve. ln the 2014 Community Satisfaction Survey, residential respondent and business
owner satisfaction with canal/waterwav cleanliness 4% and 2oh'from 201
On May 22, 2014, the Sustainability Committee recommended that the City Commission approved
the related Ordinance unanimouslv.
Financial lnformation:
Clerk's Office
T:\AGENDA\201 4\July\Polystyrene Special E
AGE}'IDA ITEIiT R.TT{s MIAMIBTACH trArE ?]3'ry896
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members mission
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: ARESOLUTION OFTHE MAYOR CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING PART IV OF THE CITY'S SPECIAL EVENTS
REQUIREMENTS AND GUIDELINES, ENTITLED "CITY OF M!AM! BEACH
AGENCIES," BY AMENDING SECTION J, ENTITLED "PUBLIC WORKS
DEPARTMENT,,' BY TNSERTING A PAR,/AGR/APH, BETWEEN THE PAII/AGR/APH
ENTITLED "BEACH IMPACTS (OTHER)" AND THE PARAGRAPH ENTITLED
..RIGHT.OF-WAY PERMIT," ENTITLED "EXPANDED POLYSTYRENE FOOD
SERVICE ARTICLES," PROHIBITING THE SALE, USE, AND OFFERING OF
EXPANDED POLYSWRENE FOOD SERVICE ARTICLES BY SPEGIAL EVENT
PERMITTEES.
BACKGROUND
At the May 22,2014 Sustainability Committee meeting, the Committee discussed restricting the sale and
use of expanded polystyrene (commonly known as Styrofoam) products, to reduce litter and pollutants in
the City's waterways and to enhance the environmental sustainability of the City.
The Sustainability Committee unanimously passed a motion recommending that the City Commission
approve an ordinance drafted by the City Attorney's Office, which would (1) prohibit the carrying of
expanded polystyrene products into City parks; (2) prohibit the sale or use in public facilities and on public
propefi of expanded polystyrene food service articles by City contractors, vendors, lessees,
concessionaires, operators of City facilities and properties, and special event permittees; and (3) prohibit
expanded polystyrene food service articles on the right-of-way and prohibit sidewalk caf6 permittees from
providing expanded polystyrene food service articles to sidewalk caf6 patrons. On June 11,2014,the City
Commission approved the Ordinance on First Reading. The Ordinance is before the Commission on
Second Reading at the July 23,2014 Commission meeting.
ln order to provide corresponding provisions in the City's Special Event Requirements and Guidelines
following the adoption of the above-referenced Ordinance, the Administration has proposed a resolution
amending the Special Event Requirements and Guidelines. The proposed Resolution reconciles Section
J of Part lV Special Event Requirements and Guidelines with the proposed Ordinance (Attached).
CONCLUSION
The Administration recommends approval of the attached Resolution amending the Special Events
Requirements and Guidelines.
Attachment: Special Event Recycling Guidelines Proposed Amendments
JMJ/MVF/ESW/MKW
T:\AGENDA\201 4\July\Polystyrene Special Event Guidelines - MEM.doc
the
897
J.
Attachment
Proposed Special Events Requirements and Guidelines Amendment
CITY OF MIAMI BEACH AGENCIES
Public Works Department
Environmental Resource Management
Beach lmpacts (other)o Special Events occurring during hurricane season shall have an emergency evacuation
plan that will go into effect within eight (8) hours of a hurricane warning and be
completed within twenty-four (24) hours - all equipment, material, staff, staging, vehicles
and associated appurtenances shall be removed from event site within the allotted time.
Expanded Polvstvrene Food Service Articleso Expanded polysfyrene food service arfibles means plates. bowls. cups, containers, lids.
travs. coolers. ice chests. and all similar articles that consist of expanded polvstvrene.
o Special event permittees shall not sell. use. provide food in, or offer the use of expanded
polvstvrene food service articles in Citv facilities or on Citv propertv. A violation of this
paragraph is qrounds for revocation of a special event permit. This paraoraph shall not
applv to expanded polvstvrene food service articles used for prepackaoed food that have
been filled and sealed prior to receipt bv a special event permittee.
898
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING PART IV OF THE CITY'S
SPECIAL EVENTS REQUIREMENTS AND GUIDELINES, ENTITLED "C!TY
OF MIAMI BEACH AGENCIES,'' BY AMENDING SECTION J THEREOF,
ENTITLED "PUBLIC WORKS DEPARTMENT ENVIRONMENTAL
RESOURCE MANAGEMENT," BY CREATING A PARAGRAPH TO BE
ENTITLED "EXPANDED POLYSWRENE FOOD SERVICE ARTICLES,"
PROHIBITING THE SALE, USE, AND OFFERING OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTICLES BY SPECIAL EVENT
PERMITTEES.
WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the
public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on
the land and in the waters of the City; and
WHEREAS, expanded polystyrene, a petroleum by-product commonly known as
Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of
years to degrade in the environment; and
WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller,
non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or
killing them; and
WHEREAS, due to the physical properties of expanded polystyrene, the EPA states
"that such materials can also have serious impacts on human health, wildlife, the aquatic
environment and the economy"; and
WHEREAS, disposable food service articles constitute a portion of the litter in the City of
Miami Beach's streets, parks, public places, and watenruays; and
WHEREAS, the City's goal is to replace expanded polystyrene food service articles with
reusable, recyclable, or compostable alternatives; and
WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content
paper food service articles and other fiber-based food service articles as the most
environmentally preferable alternatives when the use of reusable food ware is not feasible; and
WHEREAS, on July 23, 2014, the Mayor and City Commission adopted an ordinance
prohibiting the carrying of any expanded polystyrene product into any park; prohibiting the sale,
use, and offering of expanded polystyrene food service articles by City contractors and special
event permittees in City facilities and on City property; and prohibiting expanded polystyrene
food service articles on the right-of-way and prohibiting sidewalk cafes from providing expanded
polystyrene food service articles to sidewalk caf6 patrons; and
WHEREAS, the Mayor and City Commission deem it in the best interest of the City to
amend the City's Special Events Requirements and Guidelines to incorporate provisions to
prohibit the sale, use, and offering of expanded polystyrene food service articles by special
event permittees.
899
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section J of Part lV of the City's Special Events Requirements and
Guidelines is hereby amended as follows:
IV. CITY OF MIAMI BEACH AGENCIES
J. Public Works o"p".t."nt
*
Environmental Resource Management
Beach lmpacts (other)o Special Events occurring during hurricane season shall have an emergency
evacuation plan that will go into effect within eight (8) hours of a hurricane
warning and be completed within twenty-four (24) hours - all equipment,
material, staff, staging, vehicles and associated appurtenances shall be removed
from event site within the allotted timq
Expanded Polvstvrene Food Service Articles. Expanded polysfyrene food service arfibles means plates. bowls. cups,
containers. lids. travs. coolers. ice chests. and all similar articles that consist of
expanded oolvstvrene.. Soecial event permittees shall not sell. use, provide food in. or offer the use of
expanded oolvstvrene food service articles in Citv facilities or on Citv propertv. A
violation of this paraoraph is qrounds for revocation of a special event oermit.
This paraqraph shall not applv to expanded oolvstvrene food service articles
used for oreoackaqed food that have been filled and sealed prior to receipt bv a
special event permittee.
PASSED AND ADOPTED this the day of
ATTEST:
Rafael E. Granado
City Clerk
2014.
Philip Levine
Mayor AppROVED AS TO
FORM & LANGUAGE
& FOR EXECUIIONW{4r'
Dole
F'\ATTO\gALL\Nick\Polystyrene\Reso amending special event guidelines\Polystyrene Special Events Reso fiiWOflJSf"' '(
900
THIS PAGE INTENTIONALLY LEFT BLANK
901
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The CityOf MiamiBeach, Florida, AdoptingThe2014
Revised Amendment To The Key lntended Outcomes ln The City Of Miami Beach's Strategic Plan As Set
Forth Herein To Guide The Desion Of s And Services Provided Bv The
Pursuant to Resolution 2OO6-26U1, the City Commission created a Strategic Plan that identifies multi-year
strategic priorities (Key lntended Outcomes) with corresponding result measures for each priority. Per
Resolution 2014-28525 the City Commission adopted lhe 2O14 Update to the Key !ntended Outcomes in
the City of Miami Beach Strategic Plan.
At the June 4, 2014 Commission Retreat the City's Key lntended Outcomes in the Strategic Plan were
further revised to reflect the priority outcomes of the Mayor and City Commission.
The Strategic Plan should be amended to include Key lntended Outcomes prioritized at the June 2014
Commission Retreat.
The Administration recommends the adoption of the 2014 Revised Amendment to the Key lntended
Outcomes in the City of Miami Beach Strategic Plan.
This adoption will better guide the City of Miami Beach's design of programs and services to provide
excellent service to all who live. work. and olav in our vibrant, tropical communitv.
Pursuant to Resolution 2006-26341, the City Commission created a Strategic Plan that identifies
multi-year strategic priorities (Key lntended Outcomes) with corresponding result measures for each
priority. Pursuant to Resolution 2O14-28525, the City Commission adopted amendments to the Key
lntended Outcomes in the City of Miami Beach's Strategic Plan on March 5,2014 to guide the design
of oroorams and services orovided bv the
Adopt the 2014 Revised Amendment to the Key lntended Outcomes in the City of Miami Beach Strategic
Financial lnformation:
Source of
Funds:
nla
,,Amount Accouht::::
1 nla
Total
Financial lmpact Summary:
Clerk's (J,M,T
Dr. Leslie aosenfet{flfl /
AGENDA'"' R?fMIAA/{IBTACH D,rdE .7-)7-ly
902
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
MEMORANDUM
To: Mayor Philip Levine and Members of
FROM: Jimrny L. Morales, City Manager
DATE: July 23,2014
e City
OF MIAMI BEACH, FLORIDA, ADOPTING THE 2014 REVISED
AMENDMENTS TO THE KEY INTENDED OUTCOMES IN THE CITY OF
MIAMI BEACH'S STRATEGIC PLAN AS SET FORTH HEREIN TO GUIDE
THE DESIGN OF PROGRAMS AND SERVICES PROVIDED BY THE CITY.
ADMINISTRATION RECOMM ENDATION
Adopt the 2014 Revised Amendments to the Key lntended Outcomes in the City of Miami Beach
Strategic Plan
BACKGROUND
At the June 4, 2014 Commission Retreat the City's Key lntended Outcomes (KlOs) in the
Strategic PIan, adopted on March 5, 2014 per Resolution 2014-28525, were further refined to
best reflect the priority outcomes of the Mayor and Commission.
Pursuant to Resolution 2006-26341, the City Commission created a Strategic Plan that
identifies multi=year strategic priorities (Key lntended Outcomes) with corresponding result
measures for each priority. The refined Strategic Plan includes the following Key lntended
Outcomes by priority area discussed at the June 4,2014 Commission Retreat:
Policing Cultureo lnsist On Police Department Accountability And Skilled ManagemenU Leadershipo NEW Reform Policing Culture With Customer SeMce Emphasis
Management and Service Deliveryo Streamline The Delivery Of Services Through All Departments. lmprove Building/Development-Related Processes From Single Family Residences To
The Large Development Projectso Strengthen lnternal Controls To Achieve More Accountability. Enhance ExternalAnd lnternal Communication From And Within The City. Ensure That A Universa! Culture Of High Quality Customer-Service ls Driving The
Conduct Of The City Commission And All City Employees. Ensure Expenditure Trends Are Sustainable Over The Long Term. lmprove City's Managerial Leadership To Reward lnnovation And Performance
903
2014 Revised Amendments to the Key lntended Outcomes
Page 2 of 3
lnfrastructureo Ensure Reliable Stormwater Management And Resiliency Against Flooding By
lmplementing Select Short And Long-Term Solutions lncluding Addressing Sea-Level
Rise
. NEW Ensure Comprehensive Mobility Addressing All Modes Throughout The City
Prior Key Intended Outcome Moved To lnitiatives Under This KIO:
o Commission a Comprehensive Mobility Plan Which Gives Priority
Recommendations (From Non-Vehicular to Vehicular and lncluding
Parking)o Build And Maintain Priority lnfrastructure With FullAccountability
Prior Key lntended Outcome Moved To lnitiatives Under This KIO:
o Update Comprehensive Assessment of All lnfrastructure Needs (Potable,
Wastewater, Stormwater, and Roads). Enhance Pedestrian Safety Universally
Premier Neighborhoods. NEW Enhance Beauty And Vibrancy Of Urban And Residential Neighborhoods;;
Focusing On Cleanliness and Historic Assets ln Select Neighborhoods &
Redevelopment Areas. NEW Revitalize Key Neighborhoods, Starting With North Beach And Ocean Drive
Prior Key lntended Outcome Moved To lnitiatives Under This KIO:
o Complete a Community Consensus Cohesive Master Plan for the North
Beach Neighborhoodo Complete a Master Plan for Ocean Drive. lmprove Cleanliness ln High Traffic Residential And Pedestrian Areas, lncluding
Maximizing Deployment Of Trash Cans On Every Cornero lmprove Cleanliness, City Beacheso NEW Enhance Beautification And Cleanliness Of City Owned Corridors
o Elevate Walkability To First Criteria Of All Development Decisions, lncluding
Reconstruction And Planning. Ensure Workforce Housing For Key lndustry Workers ls Available ln Suitable Locations
Prior Key lntended Outcome Moved To lnitiatives Under This KIO:
o Select Suitable Areas for Provision of Workforce Housing for Key lndustry
Workers. Ensure Compliance With Code Within Reasonable Time Frame, Emphasizing The Code
For Commercial Development
lnternational Center for Tourism and Businesso NEW lmprove Alliance With Key Business Sectors, Namely Hospitality, Arts, &
lnternational Business With A Focus On Enhanced Culture, Entertainment, & Tourism
Prior Key lntended Outcomes Moved To lnitiatives Under This KIO:
o Expeditiously Upgrade the Convention Center to be Smart, Modern,
Energy Efficient, and Which Fits Local Context, lncluding Walkability
o AccommodateComplimentaryHotel(s)o Proceed With The RFP And Referendum As Soon As Possible. Maximize The Miami Beach Brand As A World Class Destination
Education Excellenceo NEW Achieve Educational (K-12) Excellence
.lnducePublicSchoolAccountabilityMainlyAtMiddleSchool@ing-e
@
904
2014 Revised Amendments to the Key lntended Outcomes
Page 3 of 3
Throughout the budget process, cunent and proposed initiatives that support the City's vision,
mission, and Strategic Plan priorities will be reviewed. The budget process will focus on Key
lntended Outcomes, initiatives, and performance measures.
CONCLUSION
The Administration recommends the adoption of the 2014 Revised Amendments to the Key
lntended Outcomes in the City of Miami Beach Strategic Plan. This adoption will better guide
Beach's design of programs and services to provide excellent service to all
play in our vibrant, tropical community.
905
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE
2014 REVISED AMENDMENTS TO THE KEY INTENDED
OUTCOMES IN THE CITY OF MIAMI BEACH'S STRATEGIC
PLAN AS SET FORTH HEREIN TO GUIDE THE DESIGN OF
PROGRAMS AND SERVICES PROVIDED BY THE CITY.
WHEREAS, pursuant to Resolution 2006-26341, the City Commission created a
Strategic Plan that identifies multi-year strategic priorities (Key lntended Outcomes) for the City
of Miami Beach, with corresponding result measures for each priority; and
WHEREAS, pursuant to Resolution 2014-28525, the City Commission adopted
amendments to the Key lntended Outcomes in the City of Miami Beach's Strategic Plan on
March 5,2014 to guide the design of programs and services provided by the City; and
WHEREAS, at the June 4, 2014 Commission Retreat, the City's Key lntended Outcomes
in the Strategic Plan were further revised to better reflect the priority outcomes of the Mayor and
City Commission; and
WHEREAS, the Strategic Plan should be amended as follows to provide the following
Key lntended Outcomes, sorted by priority area, as revised at the June 2014 Commission
Retreat:
Policing Culture. lnsist On Police Department Accountability And Skilled ManagemenU Leadershipo Reform Policing Culture With Customer Service Emphasis
Management and Service Delivery. Streamline The Delivery Of Services Through All Departments. lmprove Building/Development-Related Processes From Single Family Residences To
The Large Development Projectso Strengthen Internal Controls To Achieve More Accountability. Enhance ExternalAnd lnternal Communication From And Within The City. Ensure That A Universal Culture Of High Quality Customer-Service ls Driving The
Conduct Of The City Commission And All City Employeeso Ensure Expenditure Trends Are Sustainable Over The Long Term. lmprove City's Managerial Leadership To Reward lnnovation And Performance
lnfrastructure. Ensure Reliable Stormwater Management And Resiliency Against Flooding By
lmplementing Select Short And Long-Term Solutions lncluding Addressing Sea-Level
Riseo Ensure Comprehensive Mobility Addressing All Modes Throughout The City. Build And Maintain Priority lnfrastructure With FullAccountability. Enhance Pedestrian Safety Universally
Premier Neighborhoodso Enhance Beauty And Vibr:ancy Of Urban And Residential Neighborhoods; Focusing On
Cleanliness, Historic Assets, ln Select Neighborhoods And Redevelopment Areaso Revitalize Key Neighborhoods, Starting With North Beach And Ocean Drive
906
o lmprove Cleanliness ln High Traffic Residential And Pedestrian Areas, lncluding
Maximizing Deployment Of Trash Cans On Every Cornero lmprove Cleanliness, City Beacheso Enhance Beautification And Cleanliness Of City Owned Corridorso Elevate Walkability To First Criteria Of All Development Decisions, lncluding
Reconstruction And Planning. Ensure Workforce Housing For Key lndustry Workers ls Available ln Suitable Locations. Ensure Compliance With Code Within Reasonable Time Frame, Emphasizing The Code
For Commercial Development
lnternational Center for Tourism and Business. lmprove Alliance With Key Business Sectors, Namely Hospitality, Arts, & lnternational
Business With A Focus On Enhanced Culture, Entertainment, & Tourismo Maximize The Miami Beach Brand As A World Class Destination
Education Excellenceo Achieve Educational (K-12) Excellenceo lnduce Public SchoolAccountability Mainly At Middle School; and
WHEREAS, throughout the budget process, current and proposed initiatives that support
the Strategic Plan priorities will be reviewed, along with the Mission and Vision for the City; and
WHEREAS, the budget process will focus on the Key lntended Outcomes, initiatives,
and performance measures.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby adopt the 2014 Revised Amendments to the Key lntended Outcomes in the
City of Miami Beach Strategic Plan as set forth herein to guide the design of programs and
services provided by the City.
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
Philip Levine, Mayor
dayof July,2014.
APPROVED AS TO
FORlttl & LANGUAGE
tJtk:\^
Dote
907
COMMISSION ITEM SUMMARY
Maximize efficient delivery of services; strengthen internal controls
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Gondensed Title:
Consenting to the appointment of Charles E. Tear as the Director of the Department of Emergency
for the City of Miami Beach.
The City Manager recently created the Department of Emergency Management in order for the City to
continue to focus on being prepared to withstand and recover from the forces of to which we are
susceptible, to prevent and respond to man-made catastrophic events and to have an emergency
communications unit that effectively and efficiently meets our citizens' needs. Toward that end, he has
appointed Charles (Chuck) E. Tear as the department director.
Chuck's career includes experience in both, the public and private sector, serving in emergency
management, firefighting, juvenile correction, and law enforcement. Charles' hands-on experience dealing
with disaster response, recovery, prevention, preparedness and mitigation include work in more than 30
Presidential Declaration Disasters including the aftermath of Hurricane Andrew, Hurricane Katrina, and the
Deepwater Horizon oil spill.
He was the Director of Emergency Management for Palm Beach County for ten years, led a recovery
operations center in the aftermath of Hurricane Katrina, was the Radiological Emergency Preparedness
Coordinator/Terrorism Coordinator for the Sherriffs Office in Citrus County for one year, Emergency
Operations Coordinator for Pasco County for ten years and held other positions that eminently prepared
him for the director role.
ln addition to his work experience, Chuck has a wide network of professional contacts resulting from,
among other things, his extra-curricular work with the Florida Disaster Preparedness Association, the
Southeast Florida Regional Domestic Security Task Force, the lnternational Association of Emergency
Managers, the Governor's Hurricane Conference and the Federal Emergency Management Association.
I am confident that Chuck's extensive and varied experience and his leadership skills will forge the newly-
created Department of Emergency Management into a positive direction. Pursuant to the requirements of
Article lV, Section 4.02(b) of the City Charter, it is recommended that the Mayor and the City Commission
adopt the attached resolution consenting to and confirming Charles E. Tear as the Director of the
Deoartment of Emerqencv Manaqement for the City of Miami Beach.
Sylvia Crespo-Tabak, Human Resources
Department Director Assistantpi$ Manager city Mflager
scrsg{'KGB4 )-
Aoenda ltem fl? K
Date-:FtV908
4 MIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
OMMIS ON MEMORANDUM
TO:Mayor Philip Levine and the City
Jimmy L. Morales, City Manager
July 23,2014
A RESOLUTION OF THE MA AND THE CITY GOMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT
OF CHARLES E. TEAR AS THE DIRECTOR OF THE DEPARTMENT OF
EMERGENCY MANAGEMENT FOR THE CITY OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Pursuant to the requirements of Article lV, Section 4.02 of the City Charter, it is
recommended that the Mayor and the City Commission adopt the attached resolution
consenting and confirming Charles E. Tear as the Director of the Department of
Emergency Management for the City of Miami Beach.
BACKGROUND
On May 17, 2013, early in my tenure as City Manager, via Letter to Commission (LTC)
177-2013, I informed the Mayor and City Commissioners of my decision to make the
Emergency Management Coordinator a full, rather than part-time position (Attached). I
appointed Charles Tear, who has been reporting to me throughout his tenure. As the
Emergency Management Coordinator, Chuck was responsible for the readiness of all
City employees who play a role in the Emergency Operations Center (EOC), as well as
interacting with other jurisdictions such as Miami-Dade County, the State of Florida and
non-governmental organizations to ensure emergency preparedness.
As the Emergency Management Coordinator's role grew, it became readily apparent that
a Department of Emergency Management with a concomitant budget and staff was an
essential component of the City's administrative organizational structure. ln addition to
emergency preparedness, which includes readiness to respond to natural and man-
made disasters, the organizational unit is also responsible for managing the Public
Safety Communications Unit (PSCU - 911), the physical security of all City buildings,
and coordination for the acquisition and maintenance of Citywide security and
communications technology.
Given his experience and professional background, appointing Chuck to head the new
department is the next logical step.
Before joining the City of Miami Beach, he was the Managing Director of GRD Solutions,
a consulting firm that specialized in developing an all-hazard approach for public and
private entities, often bridging the two in creating whole-community solutions for dealing
with disasters and threats. As a private-sector professional with public sector
experience, Chuck secured relationships through and among entities at the local, state,
FROM:
DATE:
SUBJECT:
909
City Commission Memorandum
Consenting and Confirming Department of Emergency Management Director
July 23,2014
Page 2 of 2
regional and federal levels. He founded and coordinated the first public/private
partnership committee between the Florida Division of Emergency Management (DEM)
and the Florida Emergency Preparedness Association (FEPA).
Chuck's r6sum6 and training record are attached for your information.
CONCLUSION
The appointment of Charles E. Tear, as the Director will ensure that the newly-created
Department of Emergency Management provides the oversight and direction needed for
the City to continue to focus on being prepared to withstand and recover from the forces
of to which we are susceptible, to prevent and respond to man-made catastrophic events
and to have an emergency communications unit that effectively and etficiently meets our
citizens'needs.
Pursuant to the requirements of Article lV, Section 4.02, of the City Charter, it is
recommended that the Mayor and City Commission adopt the resolution consenting and
confirming Charles E. Tear as the Director of the Department of Emergency
Management for the City of Miami Beach.
Attachment
JLM/KGB/SC-T
910
Charles Tear
15426 82nd Lane N
Loxahatchee, FL 33470
561-723-5444
chuck.tear@aol.com
ob ve
Highly accomplished professional with a diverse background, pursuing an opportunity that will
utilize extensive management skills as well as over 25 years of progressive government
experience.
Professional H ts
Managing Director - GRD Solutions, LLC (2010 - current)
o Manages a multi-faceted emergency management consulting business consisting of
administrative and operational personnel
o Provides management consulting services to governments at the local, county and state level
. Brought together multiple private organizations to build a "one-stop shop" for disaster
response coordination.
o Responsible for securing and managing contracts totaling over $14 million.
. Secured the contract and coordinated countywide response for Franklin County, FL to protect
and preserve the coastal and estuary waters in response to Deepwater Horizon oil spill
disaster.
. Responded to the 2011 Alabama tornado outbreak event, providing emergency relief and
response coordination for private companies.
o Designed, conducted, and evaluated numerous HSEEP exercises and scenario based trainings
in Alabama, Wisconsin, Arkansas, and Florida.
. Secured a contract for the design, development, and implementation of the State of Florida
91 I online training curriculum.
o Member of the Board of Directors of the Governor's Hurricane Conference representing
FEPA and the Public/Private Partnership.
. Founded, coordinated, and hosted the Public/Private Partnership committee between the State
of Florida Division of Emergency Management (DEM) and the Florida Emergency
Preparedness Association (FEPA).
Director of Emergency Monagement - Palm Beqch County Boord of County
Commissioners (2005 - 2010)
. Served as the County's Emergency Management Director responsible for the County's
Situational Policy Group consisting of Chairman of Board of County Commissioners,
Sherifl Public Safety Director, County Administrator, and Public Health Director.
o As the Department Director, formulated policies, procedures, and strategic objectives in the
areas of Public Safety.
. Provided briefings for the Board of County Commissioners, Constitutional Officers, County
Administrator, Mayors, and municipal elected officials on emergency situations and
conditions in an effort to coordinate response and mitigate impact.
911
CharlesTear P:rge 12
. Planned, organized, implemented and managed all elements of Palm Beach County's
Comprehensive Emergency Management Program.
o Directed emergency management and homeland security program for Palm Beach County,
Florida consisting of 37 municipalities with a population of 1.5 million.
. Prepared, submitted, administered, and managed grant programs totaling $15 million.
o Activated, managed, and coordinated the Emergency Operations Center (EOC) for Palm
Beach County in accordance with Florida Statute 252.
o Served as a liaison with federal, state, county, and local emergency management agencies.
o Managed emergency management, county warning point, emergency medical services
administration and 9l I administration programs totaling 36 personnel.
o Prepared an annual operating budget of over $7 million and managed the administration of
the approved budget
. Member of Regional Domestic Security Task Force (RDSTF) and served as Chair/Advisor
for Region VII.
. Served as the co-chair to the Sheriff on the County's Red Alert Team for Homeland Security.
. Designed and implemented a regional information system (WebEOC) to provide regional
coordination for four counties and over 100 municipalities as well as other stake holders.
r Conceptualized, secured funding, and procured a $14 million Next Generation 911
communication system.
. Chaired the Area VII Regional Emergency Management Working Group which consisted of
top representatives from Miami-Dade, Broward, Monroe, and Palm Beach counties including
all municipalities. This area had a population base in excess of 7 million residents.
Program Manager, General Physics Corporation (2004 - 2005)
. Secured a multi-million dollar contract with the City ofNew Orleans to stand up and operate
a Recovery Operations Center in the aftermath of Hurricane Katrina.
. Designed and facilitated a three phase multi-agency exercise for Palm Beach County Florida.
o Provided contract support to Palm Beach County's Terrorism Program. Contract included
critical facility surveys, gap analysis (threat matrix) hazard identification and threat
assessment.
. Secured a contract with Lake County, Florida to provide staffaugmentation, HLS CAM
assessments, and an All Hazards Response Terrorism exercise.
o Developed a training program for the Tampa Bay Urban Area Security Initiative (UASI).
. Secured a contract with Polk County, Florida and Pasco County, Florida for debris removal
monitoring in the aftermath of Hurricanes Charley, Frances and Jeanne.
o Organized and managed a staffof over 200 response employees to coordinate the setup of a
Recovery Operation Center to include debris removal, monitoring, tower operations, safety
programs, logistical distribution center and administrative support operations
o Established and maintained positive working relationships between the U.S. Army Corps of
Engineers, OSHA, state and county officials.
o Managed contract financial requirements to include client review and project closeout.
912
CharlesTear l'age 13
Radiological Emergency Preparedness Coordinator / Teruorism Coordinator,
Citrus County Sheriffs Office (2003 - 2004)
. Radiological Emergency Preparedness Coordinator for Citrus County and Crystal River
Nuclear Plant.
o Coordinating representative with FEMA and the NRC. Responsibilities included
determination of training needs and priorities, developing curriculum and lesson plans,
scheduling training, updating emergency plans, and standard operating procedures.
. Responsible for coordinating the contract and budget with Progress Energy for the
Radiological Program for Citrus County.
. Coordinated terrorism training, planning, and equipment requirements for Citrus County
Sheriff s Office.
Emergency Operotions Coordinator, Pasco County Office of Emergency
Management (1993 - 2003)
o Responsible for incident response, Hazardous Materials and EOC operations.
. Involved with Disaster and Public Assistance Administration and formal hazard mitigation
programs for the county.
o Grants administration for emergency management and hazardous materials, hurricane shelter
retrofrt, established training programs to integrate Law Enforcement, Emergency
Management and Safety (Fire & EMS) response into an allhazard response team.
o Responsible for establishing, coordinating and leading the State Emergency Management
Academy.
Pr ogr am Administrutor, H urricane Andr ew Gr ant Progr am Administrator
(19e2 - lees)
. Directly appointed by Governor Chiles. Responsible for coordination of all elder affairs,
special needs citizens, and HRS operations for all jurisdictions in South Florida affected by
Hurricane Andrew.
o Managed and coordinated a twenty three (23) million dollar FEMA State Health & Mental
Health Community Outreach Grant.
o This included medical, nursing, mental health and economic services for all impacted
communities.
o Responsible for organizing and managing food, water and supplies distribution throughout
South Florida.
Assistant Superintendent, State of Florida- Pusco Juvenile Detention Center
(1e87-1ee2)
o Directed operations for maximum security detention facility
o Direct supervisor of 36+ employees
. Responsible for overall operations of facility
o Developed and implemented policies and procedures
. Administered operating budget
o Coordinated, implemented, and monitored house arrest program
o Established and maintained training standards for detention staff
913
Chu.l"rT"u. l,agr 14
o Set up and maintained ACA Standards
. Drafted facility operating procedures
o Substituted for Superintendent
o Established and maintained volunteer programs
o Established and maintained safety and risk programs
Patrolmqn, City of Dade City, FL Public Safety (1987 - 1990)
o Patrol
. Took complaints, investigated complaints
. Completed reports
o Protected lives and property
Fire Captain, City of Dade City, FL Public Safe$ (1980 - 1986)
o Direct command, responsible for shift
o Assumed command of department in absence of chief officer
o Performedcommercialinspections
Education
o Bachelor of Science - Business Management from the University of Phoenix (2009)
Current and Past Certifications/Licenses
2011 Certified Florida Professional Emergency Manager
1995 National Certified Emergency Manager
1995 Certified Haz-Mat Specialist
l99l Florida Department of Law Enforcement (lnstructor)
1988 American Correctional Association (Correctional Officer)
1987 Law Enforcement Officer
1986 Division of State Fire Marshall (Inspector)
1985 Basic Instructor (Fire Standards)
1982 MunicipalAdvanced Fire Fighter III
1981 Certified Smoke Diver
1980 Fire Fighter Certificate of Compliance
Numerous certifications and certificates in Fire, Law Enforcement, Corrections, Emergency
Management and Hazardous Materials can be provided.
Awards
2010 FEPA Officer Service Award - Florida Emergency Preparedness Association (FEPA)
2009 FEPA Officer Service Award - Florida Emergency Preparedness Association (FEPA)
2003 Service Award - Pasco County, FL
2002 Professional of the Year - Florida Emergency Preparedness Association (FEPA)
914
CharlesTear lrrse 15
2001 Leadership and Dedication for DEM/FEPA Academy - FEPA
2000 Distinguished Service Award, Florida Wildfires - The State of Florida
1998 Notable Achievement & Selfless Devotion - American Red Cross
1997 Outstanding Achievement - Pasco County BOCC
1996 Outstanding Achievement - State Emergency Response Commission
1992 Sustained Superior Achievement - Presented by Governor Chiles
1992 State Employee of the Year - Presented by Governor Chiles
1992 HRS District Five Employee - State of Florida HRS
1990 Secretary Merit Award - State of Florida HRS
1987 Line Worker of the Year * National Juvenile Detention Association
1985 Outstanding Service - Pasco County Commission
1983 Dependable Service Award - Dade City Rescue Squad
Professional izations
. Florida Emergency Preparedness Associations (Past President, Treasurer, Conference
Chairman)
o Member of the South East Regional Domestic Security Task Force Executive Advisory
Board
o Regional Domestic Security Task Force
o International Emergency Management Association
o Governor's Hurricane Conference, Board of Directors
o Pasco County Fair Association - Director of Buildings and Grounds
915
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918
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE GITY OF MIAM! BEACH, FLORIDA, CONSENTING TO THE
APPOINTMENT OF CHARLES E. TEAR AS THE DIRECTOR OF
THE DEPARTMENT OF EMERGENCY MANAGEMENT FOR
THE GITY OF MIAMI BEACH.
WHEREAS, the City Manager has created the Department of Emergency Management;
and
WHEREAS, the City Manager has appointed Charles E. Tear Gonzalez as the Director
of the Department of Emergency Management for the City of Miami Beach; and
WHEREAS, pursuant to Article lV, Section 4.02(b), of the City of Miami Beach Charter,
the City Manager has the power to appoint department directors with the consent of the City
Commission; and
WHEREAS, the Mayor and the City Commission wish to consent to and confirm the
appointment of Charles E. Tear as the Director of the Department of Emergency Management
for the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE NiAYOR AND CITY
cOltlMlSSlON OF THE CITY OF MlAttll BEACH, FLORIDA, consent to and confirm the
appointment of Charles E. Tear as the Director of the Department of Emergency Management
for the City of Miami Beach.
PASSED and ADOPTED this 23th day of July, 2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
@*:u\'q
Citv AttornevrX- Doie
919
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Accepting The
Recommendation Of The Neighborhood/Community Affairs Committee At lts June 27,2014 Meeting And
Adopting The Conceptual Park Master Plan For The Park Space Known As Altos Del Mar Park Located At
7701 Collins Avenue.
lntended Outcome S
Altos Del Mar Park is located between 77th Street on the north, 76th Street on the south, Collins Avenue on
the west and the Beachwalk on the east and contains approximately 2.5 acres.The City contracted with
AECOM Technical Services to develop a master plan for the park. The key issues as described in the scope
of services included the development of an appropriate range of spaces and facilities for general and passive
recreation,' such as, open play areas (non-lighted and lighted), walking paths, landscape areas, etc.; a
performance area with possible movable stage; opportunities and constraints for the park presented by the
adjacent public library and parking lot property; accessibility for the surrounding neighborhood via street end
connectivity to existing Beachwalk; and to provide input for arts in public place initiatives (art works by others).
Parks and Recreation leadership assembled the consultant team for an internal workshop on December 13,
2013, in order to provide overview guidance and the establishment of City goals and objectives. A total of
three interactive workshops were conducted on February 27,2014, May 1 ,2014 and June 10,2014. During
the final interactive workshop held on June 10, 2014, the consultant team worked with the stakeholders to
prioritize the 25 program elements which, were categorized as 1st, 2nd and 3rd and voting tallies were
recorded. The consultant presented the conceptual Altos Del Mar Master Plan to the
Neighborhood/Community Affairs Committee on June 27,2014 and the Committee voted unanimously in
favor of the plan and recommended that it be presented to the full City Commission.
The Administration recommends that the City Commission adopt the proposed Master Plan.
lncrease satisfaction with recreational
Data (Surveys, Environmental Scan, etc
unity Affairs Committee meeting of June 27,2014, to adopt the proposed Master Plan.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmpact Summary:
John Rebar XT. 6644
Si -Offs
R?L
-?-23- r/
D^epartment Director Assislant City Manager A City Manager
n(k JMi.d t\-JLM $
/
t
AG rErrr R? L9 MIAAAIBTACH DATE920
g MIAMI BEACH
City ol Miqmi Beoch, l200 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS JUNE 27, 2014 MEETING AND
ADOPTING THE CONCEPTUAL PARK MASTER PLAN FOR THE
PARK SPACE KNOWN AS ALTOS DEL MAR PARK LOCATED AT
7701 COLLINS AVENUE.
BACKGROUND
Altos Del Mar Park is located between 77th Street on the north, 76th Street on the south, Collins
Avenue on the west and the Beachwalk on the east and contains approximately 2.5 acres. The
City contracted with AECOM Technical Services to develop a master plan for the park.
The key issues as described in the scope of services included;
- The development of an appropriate range of spaces and facilities for general and
passive recreation, such as, open play areas (non-lighted and lighted), walking paths,
landscape areas, etc.;- Performance area with possible movable stage;- Opportunities and constraints for the park presented by the adjacent public library and
parking lot property;- Accessibility for the surrounding neighborhood via street end connectivity to existing
Beachwalk; and- Provide input for arts in public place initiatives (art works by others).
Upon execution of the agreement, City officials and Parks and Recreation representatives
determined that it would be prudent to delay the actual project start date until the end of
calendar year 2013 such that all residents, both year-round and seasonal, would be available
for participation in the stakeholder workshop approach to be deployed by the consultant team.
Parks and Recreation leadership assembled the consultant team for an internal workshop on
December 13,2013, in order to provide overview guidance and the establishment of City goals
and objectives. With this information and directives in-hand, the consultant team began their
initial project due-diligence, site analysis and opportunities and constraints analysis of the
subject property and its outlying areas. Several team meetings were conducted on-site where
representatives from the City Manager's Office, Police Department, Planning and Zoning and
Parks & Recreation provided input and guidance.
The consultant team then began the process of organizing a series of interactive public
workshops to gain input from the stakeholders and concerned citizens and to develop the
921
City Commission Memorandum -Altos Del Mar Master Plan
July 23,2014
Page 2 of 3
overall goals and objectives for the park from the neighbors and potential park users. Three
interactive workshops were conducted as follows;
1. Stakeholder Goals and Objectives and park program elements, February 27,2014.
This first session was held with approximately 40 citizens and was intended to familiarize
the stakeholders with the inherent attributes of the park, its potential for development,
discussions concerning 'active and passive' uses and the overall development of potential
program elements that would be used in the next session of concerning development
alternatives exploration. The overall consensus was that this park should be passive and
should be designed as a neighborhood park (vs community or regional park). lncreasing
user safety was a primary consideration for the future park design.
2. Development Alternatives Exploration, May 1 ,2014.
The second workshop was attended by approximately 30 citizens and the consultant team
presented three alternative plans; Alternative 1 was summarized as a more formal Beaus
Art style layout with native plantings in a traditional Florida hammock style such as one
might find at Fairchild Gardens. Alternative 2 was expressed as the "Great Lawn" solution
and featured native plantings with a substantial lawn area tilted up towards the dune
highpoint. Alternative 3 featured a more avant-garde approach with a sweeping wall that
separated the park from the dune and featured a bridge element to connect the main park
to a beach observation platform. The workshop ended in an interactive voting exercise with
the Stakeholders voting unanimously for Alternative 1.
3. Preferred Alternative Presentation, June 10,2014.
This workshop was attended by 35 citizens and was conducted in an open house style so
that stakeholders could spend a considerable amount of time reviewing the preferred plan
in an extensive question and answer session. The consultant team stressed that it is
critical that the stakeholders clearly articulate their vision for the park, and that the park
would be a phased over a period of time. A final interactive session was conducted to
determine the stakeholder priorities for 25 program elements. Priorities were categorized
as 1't, 2nd and 3'd and voting tallies were recorded.
Primary Challenges encountered during the master plan development efforts focused on the
inclusion of several "lighting rod" program elements including public restrooms, observation
pavilion, interactive fountain and sand volleyball courts. These elements were debated, both
pro and con, at virtually every workshop with citizens being fairly evenly split on all issues. The
consultant team developed a final plan that included all these elements; however, the team
stressed that the master plan is not directing that each of these elements be included in the
final design and construction plans, but if these elements are ultimately included in the park
construction, the master plan has appropriately located each element in the best possible
aree.
Solutions/Gonclusions of the consultant team, stakeholders and City representatives can be
generalized that this is the vision that the stakeholders, City staff and consultant team have
crafted together in a fair and democratic process. No one gets everything, everyone gets
something. The park features a safe and accessible public open space that is unique to this
location, but is in harmony with the high standards of quality demanded by the stakeholders,
citizens and city leadership of Miami Beach. The net result will offer a beautiful, safe and
functional city park that serves the residents, the visitors, the local food, retail and hotel
establishments and will provide people of all ages and abilities a new and exciting venue for
enjoying the best that the City of Miami Beach has to offer.
922
City Commission Memorandum -Altos Del Mar Master Plan
July 23,20'14
Page 3, of 3
GONCLUSION
A presentation was provided to the Neighborhood/Community Affairs Committee at their June
27,2014 meeting, (a copy of the presentation is provided as an attachment). The Committee
voted unamimously in favor of the Altos Del Mar Master Plan and recommended that the item,
along with a presenation by AECOM Technical Services, be presented to the full City
Commission. The Administration recommends that the City Commission approve the
resolution to adopt the Altos Del Mar Master Plan.
,rrrrrrr@
Attachment
T:\AGENDA\2014Uuly\Parks and ReclAltos Del Mar\Altos Del Mar MEMO.docx
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950
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEAGH, FLORIDA ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS
JUNE 27, 2014 MEETING AND ADOPTING THE CONCEPTUAL PARK
MASTER PLAN FOR THE PARK SPACE KNOWN AS ALTOS DEL MAR
PARK LOCATED AT TTO| COLLINS AVENUE.
WHEREAS, Altos Del Mar Park ("Park") is located between 77th Street on the north,
76th Street on the south, Collins Avenue on the west, and the Beachwalk on the east and
contains approximately 2.5 acres; and
WHEREAS, the City contracted with AECOM Technical Services to develop a master
plan for the Park; and
WHEREAS, the key issues as described in the scope of services for the Master Plan
included the development of an appropriate range of spaces and facilities for general and
passive recreation, such as, open play areas (non-lighted and lighted), walking paths,
landscape arcai a performance area with possible movable stage; opportunities and constraints
for the park presented by the adjacent public library and parking lot property; accessibility for the
surrounding neighborhood via street end connectivity to the existing Beachwalk; and to provide
input for arts in public place initiatives; and
WHEREAS, several team meetings were conducted on-site where representatives from
the City Manager's Office, Police Department, Planning and Zoning, and Parks & Recreation
provided input and guidance; and
WHEREAS, the consultant team then began the process of organizing a series of
interactive public workshops to gain input from the stakeholders and concerned citizens and to
develop the overall goals and objectives for the Park from the neighbors and potential Park
users; and
WHEREAS, three interactive workshops were conducted on February 27, 2014, May 1,
2014, and June 10,2014; and
WHEREAS, during the final interactive workshop held on June 10,2014, the consultant
team worked with the stakeholders to prioritize 25 program elements which were categorized
as 1st, 2nd, and 3'd and voting tallies were recorded; and
WHEREAS, AECOM presented the conceptual Altos Del Mar Master Plan to the
Neighborhood/Community Affairs Committee (NCAC) on June 27,2014; and
WHEREAS, the NCAC voted unanimously in favor of the Master Plan, which is attached
hereto and incorporated herein as Exhibit A, and recommended that it be presented to the full
City Commission.
951
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee at its June 27, 2014 meeting and adopt the conceptual park Master Plan, as set forth
in Exhibit A, for the park space knows as Altos Del Mar Park located at7701 Collins Avenue.
PASSED and ADOPTED this
ATTEST:
day of 2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
N\-
Dole
952
THIS PAGE INTENTIONALLY LEFT BLANK
953
COMMISSION ITEM SUMMARY
At the July 13,2011 City Commission Meeting, the City Administration requested approval to issue a Request For
Qualifications for additional franchise waste contractors (the RFQ). RFQ No. 201 3-1 78SR was issued on November 27,
201 3, with an opening date of February 7 , 2014. A prearoposal conference to provide information to the proposers
submitting a response was held on December 9,2013. The City received eight (8) proposals.
As a result of the due diligence performed by the Administration, G7 Holding, lnc (d/b/a Garbgeman) and World Waste
Recycling were deemed non-responsive because they both failed to provide evidence of compliance with City Code
Section 90-229 (a)(3), which states that, pursuant to the minimum requirements for selection of a franchise waste
contractor, an applicant for a franchise must have the potential for a significant amount of business within the City,
comprised of either a minimum of 50 committed accounts within the City, or in the altemative 50 comparable committed
accounts from outside of the City. This requirement was also set forth as a minimum requirement in the RFQ.
As it pertains to the City's evaluation and selection of franchise waste contractors, the term "committed accounts" has
been historically interpreted by the City to mean that, in order to demonstrate compliance with Section 90-229 (a)(3), an
applicant for a franchise must show evidence of at least 50 current, active accounts (either within or outside of the City)
for which the applicant is currently providing solid waste collection and disposal services.
On March 14, 2014, the City Manager via Letter to Commission (LTC) No. 084-2014, appointed an Evaluation
Committee (the "Committee") which convened on May 30,2014 to consider proposals received and interview the
proposers. The Committee was provided an overview of the project, information relative to the City's Cone of Silence
Ordinance and the Government Sunshine Law.
RECOMMENDATION
After reviewing the submissions and the Evaluation Committee's rankings, the City Managerexercised his due diligence
and is recommending that the Mayor and the CityCommission enter into negotiations forfranchise agreements with the
top three {3) ranked proposers: Waste Management lnc. of Florida; Progressive Waste Solutions; and Southem Waste
Systems LCC.
ln addition to executing a franchise agreement with the City, City's current solid waste franchises are also parties to a
service agreement with the City which, in addition to their duties under (and the respective terms and conditions of) the
franchise agreement, includes the provision of in kind services, such as servicing public facilities and streets,
hazardous material pickup events, additional fees (based on market share of $390,000), a monetary contribution
($75,000) for educational programs, a contribution for environmental programs (currently $25,000), and one and a half
percent (1.5%) of gross revenues for green initiatives and other items (the "Additional service agreement").
The City Manager recommends that, in addition to authorizing negotiations with the top three (3) ranked proposers for
franchise agreements that the City Commission further authorize, as a condition of issuance of each franchise, to also
negotiate an additional service agreement which, should contain the same (or more favorable) business terms that the
current agreement.
The Manager further recommends that, if successful in negotiations, the three (3) franchise agreements and additional
service agreements shall commence on October 1,2014.
ADOPT THE RESOLUTION.
Financial lnformation :
Source of
Funds:
Amount Account
1 N/A N/A
2
OBP!Total
Financial lmpact Summary:
AGEITDA tran RJ lLl
Condensed Title:
A Resolution Of The Mayor And City Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For
Qualifications (RFQ) No. 2013-178SR, For The Franchise Waste Contractors To Provide ResidentialAnd Commercial
Waste Collections And
To provide the essential service of solid waste removal to
Supporting Data Environmental Scan, etc: N/A
Item Summary/Recommendation :
4\July\Procurement\RFP-1 78-20 1 3 Waste
{s MIAMIBTACH B,irG 143-/c/954
g MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39. www.miomibeochfl.gov
COMMI ION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR QUALIFICATIONS NO. 2013.178SR, FOR FRANCHISE WASTE
CONTRACTORS TO PROVIDE RESIDENTIAL AND COMMERGIAL WASTE
COLLECTIONS AND DISPOSAL SERVICES (THE RFQ); AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS FOR NEW FRANCHISE
AGREEMENTS WITH THE TOP THREE (3) RANKED PROPOSERS: WASTE
MANAGEMENT INC. OF FLORIDA, PROGRESSIVE WASTE SOLUTIONS, AND
SOUTHERN WASTE SYSTEMS LCC; ALSO AUTHORIZING THE CITY
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP THREE
RANKED PROPOSERS FOR A NEW AGREEMENT TO PROVIDE ADDITIONAL
SOLID WASTE/RECYCLING SERVICES AT CITY-OWNED PROPERTIES AND
OTHER RELATED PUBLIC BENEFITS TO THE CITY WHICH, AT A MINIMUM,
SHOULD CONTAIN THE SAME (OR MORE FAVORABLE) BUSINESS TERMS
THAN THE EXISTING SERVICES AGREEMENT; AND FURTHER AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXEGUTE THE FRANCHISE
AGREEMENTS AND THE ADDITIONAL SERVICES AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION,
WITH SUCH AGREEMENTS HAVING AN INIT'AL TERM OF FIVE YEARS,
COMMENCING ON OCTOBER 1,2014, AND RUNNING FOR AN INITIAL TERM
oF FtvE (5) YEARS (COMMENCTNG ON OCTOBER 1,2014, AND ENDTNG ON
SEPTEMBER 30,2019).
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
To provide the essential service of solid waste removal to City residents and businesses.
BACKGROUND
The City currently has two (2) franchises for residential and commercial solid waste collection
and disposal with Waste Management of Dade County and Progressive Waste Solutions; both
of which will expire on September 30, 2014. At the July 13, 2011 City Commission Meeting,
the City Administration requested approval to issue a Request For Qualifications for franchise
waste contractors for the City. On October 16, 2013, the City Commission approved the
issuance of Request For Qualifications No. 178-2013SR, as amended (the RFO).
TO:the City SSION
955
Commission Memorandum - RFQ # 178-2013 Waste Franchise
July 23,2014
Page2
RFP PROGESS
The RFQ was issued on November 27, 2013, with an opening date of February 7,2014. A pre-
proposal conference to provide information to the proposers submitting a response was held
on December 9,2013. The City received proposals from the following firms:
1. 1-866-Junk-Be-Gone;
2. Ecological Waste Systems;
3. Progressive Waste Solutions;
4. Southern Waste Systems, LLC;
5. Sunshine Recycling Services of SWFL;
6. Waste Management lnc. of Florida;
7. World Waste Recycling; and
8. G7 Holding, lnc. d/b/a Garbageman.
As a result of the due diligence performed by the Administration, G7 Holding, lnc (d/b/a
Garbgeman) and World Waste Recycling were deemed non-responsive because they both
failed to provide evidence of compliance with City Code Section 90-229 (a)(3), which states
that, pursuant to the minimum requirements for selection of a franchise waste contractor, an
applicant for a franchise must have the potential for a significant amount of business within the
City, comprised of either a minimum of 50 committed accounts within the City or, in the
alternative, 50 comparable committed accounts from outside of the City. This requirement was
also set forth as a minimum requirement in the RFQ.
As it pertains to the City's evaluation and selection of franchise waste contractors, the term
"committed accounts" has been historically interpreted by the City to mean that, in order to
demonstrate compliance with Section 90-229 (aX3), of the Code, an applicant for a franchise
must show evidence of at least 50 current, active accounts (either within or outside of the
City) for which the applicant is currently providing solid waste collection and disposal services.
On March 14, 2014, the City Manager via Letter to Commission (LTC) No. 084-2014,
appointed an Evaluation Committee (the "Committee") consisting of the following individuals:
. Jorge Cano, Fleet Division Director, City of Miami Beach;. Daniel Veita, Resident and Leadership Academy Alumni;. Ramon Suarez, Finance Manager, City of Miami Beach;. Rhonda McPherson, Assistant Director, Sanitation Department, City of Miami Beach;
and. John Woodruff, Director, OBPI, City of Miami Beach.
The Committee convened on May 30, 2014, to consider proposals received and interview the
proposers. The Committee was provided an overview of the project; information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law; general information on
the RFQ scope of services; references; and a D&B report for each responsive proposer.
Additionally, the Committee engaged in a question and answer session after the presentation
of each proposer.
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFQ, as follows:
956
Commission Memorandum - RFQ # 178-2013 Waste Franchise
July 23,2014
Page 3
Totaf ,:Poiht5,:,:i li.EU"elffi ti6fi 3Gift erie
25 Proposer Qualifications, including:
Minimum Qualifications
Experience of Firm and Team
Financial Capacity
Other Qualifications pursuant to information submitted in
Aooendix A
50 Scope of Services and Methodology, including:
Scope of Services Proposed
Approach and Methodology
Customer Service Plan
Value-Added Services and Public Benefits
25 Environmental Sustainabilitv (Green) lnitiatives
Local Preference: Procurement staff may assign an additional five (5) points to proposers
which are a Miami Beach-based vendor, as defined in the City's Local Preference Ordinance.
No proposers were eligible for local preference.
Veterans Preference: Procurement staff may assign an additional five (5) points to proposers,
which ate a small business concern owned and controlled by a veteran(s) or a service-
disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance.
No proposers were eligible for Veterans preference.
The Committee's final rankings were as follows:
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing the Evaluation Committee's rankings, the City Manager exercised his due
diligence in his review of the proposals and is recommending that the Mayor and the City
Commission enter into negotiations for new franchise agreements, for an initial term of five (5)
years, commencing on October 1, 2014, with the top three (3) ranked proposers: Waste
Management lnc. of Florida; Progressive Waste Solutions; and Southern Waste Systems LLC.
It should be noted that during the course of his due diligence review, the City Manager was
made aware that Ecological Waste Systems is currently in default of its contract with the City
of Hollywood (as noted in the attached Exhibit "A"). Pursuant to Section 90-229 (a)(2) of the
City Code, applicants for franchises (i.e. proposers) are required to provide certification that
the applicant has never defaulted on any government contract or bid award. ln its response to
the RFQ, Ecological Waste Systems did not disclose the aforestated default to the City;
RFQ# 2013-178 Waste
Franchise
Jorge
Gano
Daniel
Veitia
Ramon
Suarez
Rhonda
McPherson
John
Woodruff LOW
AGGREGATE
TOTALS
Waste Management lnc of
Florida 1 (92\2 (94\1 (87\1(100)1 (75\(6) 1
Prooressive Waste Solutions 3 (85)'1 (96)2 (80)2 (94\1 (75\(9) 2
Southern Waste Systems
LLC 2 (90)4 (79\2 (80)3 (7s)3 (70)(14) 3
Ecolooical Waste Svstems 4 (82\3 (85)5 (50)4 (57\5 (40)Q1\ 4
Sunshine Recycling
Services of SWFL 5 (80)5 (70)4 (52\5 (36)4 (55)(23) 5
1-866 Junk-Be-Gone 6 (50)6 (40)6 (30)6 (22\6 (15)ffiffi (30) 6
957
Commission Memorandum - RFQ # 178-2013 Waste Franchise
July 23,2014
Page 4
therefore, it does not comply with the minimum qualifications in Code Section 90-229 (a)(2), or
the RFQ.
ln addition to having franchise agreements with the City, the City's current solid waste
franchisees are also parties to a service agreement with the City which (in addition to their
duties under, and the respective terms and conditions of, the franchise agreement) includes
the provision of in-kind services, such as servicing public facilities and streets, hazardous
material pickup events, additional fees (based on market share of $390,000), a monetary
contribution ($75,000) for educational programs, a contribution for environmental programs
(currently $25,000), and one and a half percent (1.5%) of gross revenues for green initiatives
and other items (the "Additional Services Agreement").
The City Manager further recommends that, in addition to authorizing negotiations with the top
three (3) ranked proposers for franchise agreements, that the City Commission further
authorize him, as a condition of issuance of each franchise, to also negotiate a new Additional
Service Agreement with the three (3) recommended proposers which should, at a minimum,
contain the same (or more favorable) business terms that the current service Agreement. Like
the franchise agreements, the term of the Additional Services Agreement is intended to run
concurrent with the franchises, commencing on October 1,2014, and ending on September
30,20'19.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to Request for Qualifications No.2013-178SR for Franchise Waste
Contractors to Provide Residential and Commercial Waste Collection and Disposal services
(the RFQ); authorize the Administration to enter into negotiations for new franchise
agreements with the top three (3) ranked proposers: Waste Management lnc. of Florida,
Progressive Waste Solutions, And Southern Waste Systems Llc; also authorize the City
Manager to enter into negotiations with the top three ranked proposers for a new agreement to
provide additional solid waste recycling services at City-owned properties and other related
public benefits to the City which, at a minimum, should contain the same (or more favorable)
business terms than the existing services agreement; and further authorize the City Manager
and City Clerk to execute the franchise agreements and the Additional Services Agreement
upon conclusion of successful negotiations by the Administration, with such agreements to
commence on October 1,2014, and to run for an initial term of five (5) years (commencing on
Octobe( ,2014 and ending on September 30, 2019).
,lr, mo o rfrve
T:\AGENDA\2014\July\Fr6curement\RFP-1 78-201 3 Waste Franchise - Memo.doc
958
CITY of HOLLY\II0OD, FLORIDA
Office of the City Attoruey
l(r{X) Hollvrr,oocl Blvrl. ' [(). lit,x i]91)i5 ' l lollnv,x,,l, [:Irritlrr .].i(]lf -i)()'r5
l)lrrrrrc i95.,r) 9ll-.i.'.r.1S r p1a (()irt) 9.ll-"1()til . rrrvrr,.lrollyrroo.lll.r,rq
jeFflrcy P. Sheffel
L.in',\rrornct,
April30,2014
Platte River lnsurance Company
46 I 0 University Avenlle
Madison, WI 53705
RE: Ecological Paper Recycling, Inc. 2350 NW l49th Street Opa l-ocka, Fl 33054
Payrnent and Performance Bond No.41279257
Dear Sir/Madam:
This letter will serve as written notificatiott of my client's claim (the "City of Llollyrvood.
Florida) against the above-referenced bond.
Orr July 3, 2013, the City of Hollywood, Florida and Ecological Paper Recycling, Inc.
("Vendor") entered into an agreement for the. Vendor to provide recyclables processing services
to whicir your company has issued the above-referenced Perfonnance Bond. As part of the
agreement, amongst mar-ry obligations, the Vendor was required to provide morithly reports to
the City (see Sections 6.1.5 and 6.18 of the Agreernent) as well as remit paymelt of reventte to
the City of Hollywood (See Section 6.18).
As of January 15, 2014, the Vendor has failed to perform its obligations with regard to
subrnitting its monthly reports and has not remitted the required revenue paylnents to the City for
the months of f)ecember, 2013 through present. Pursuant to the terms and conditions of the
Agreement, the Vendor is in default and the City has notified the Vendor nutnerous times of its
failure to perform. Additionally, attempts were made to meet with the vendor to no avail.
In accordance with the Agreemer-rt, liquidated damages are also being assessed and have accrued
aghinst the Venclor and the amount due and owing my client is as set forth in the attached
spreadsheet,
\\'c cjo rhis br. crsuring rll rvho li..r. rrrrrk anrl pl.l' irt rhc ( iin' of l-l,rlltrvooJ crrirrr t hinh qualir oi litc.
'An Equal Opportulity and Scrvice {'rovider Agency"
959
Page 2
Eeological Paper Recycling. Inc
Aprit29.2014
T'lius, my elient is formally requesting that Platte River Insuance Company, as the surety for the
above-referenced bond, remit payment to the City of Hollyr,vood, Florida in the total anount of
$?47,20AJZ (which includes the arnount due and owiug, the penalty charges).
Please make the check payable to the City of Hollywood and send same to the address listed
below.
Very tmly yours,
Wbr* - e--,*tatu),
Debra'Ann Reese
Sr. Asst. City Attorney
cc: Cathy Swanson-Rivenbark, City Manager
Jeffrey P. Sheffel, City Attorney
Sylvia Glazer, Director of Public Works
Joel Wasserman, Director of Procurement Services
William Hernandez, Ecological Paper Recycling, Inc.
Craig M. Dorne, PA (Registered Agent for Ecological Paper Recycling, Inc.)
960
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2013.178SR, FOR
FRANCHISE WASTE CONTRACTORS TO PROVIDE RESIDENTIAL AND
GoMMERCTAL WASTE COLLECTTONS AND DISPOSAL SERVTCES (THE
RFa); AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS FOR NEW FRANCHISE AGREEMENTS WITH THE TOP
THREE (3) RANKED PROPOSERS: WASTE MANAGEMENT INC. OF
FLORIDA, PROGRESSIVE WASTE SOLUTIONS, AND SOUTHERN WASTE
SYSTEMS LCC; ALSO AUTHORIZING THE CITY ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH THE TOP THREE RANKED
PROPOSERS FOR A NEW AGREEMENT TO PROVIDE ADDITIONAL SOLID
WASTE/RECYCLING SERVICES AT CITY.OWNED PROPERTIES AND
OTHER RELATED PUBLIC BENEFITS TO THE CITY WHICH, AT A MINIMUM,
SHOULD CONTAIN THE SAME (OR MORE FAVORABLE) BUSINESS TERMS
THAN THE EXISTING SERVICES AGREEMENT; AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE
FRANCHISE AGREEMENTS AND THE ADDITIONAL SERVICES
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION, WITH SUCH AGREEMENTS HAVING AN INITIAL
TERM OF FIVE YEARS, COMMENCING ON OCTOBER 1, 2014, AND
RUNNTNG FOR AN rNrTrAL TERM OF FIVE (5) YEARS (COMMENCING ON
OCTOBER 1,2014 AND ENDING ON SEPTEMBER 30,2019).
WHEREAS, on October 16, 2013, the City Commission approved the issuance of
Request for Qualifications No. 178-2013SR (the RFQ); and
WHEREAS, the RFQ was issued on November 27, 2013, with an opening date of
February 7,2014; and
WHEREAS, a pre-proposal conference was held on December 9,2013; and
WHEREAS, the City received proposals from the following firms: (1) 1-866-Junk-Be-
Gone; (2) Ecological Waste Systems; (3) Progressive Waste Solutions; (a) Southern Waste
Systems, t-t-C; (5) Sunshine Recycling Services of SWFL; (6) Waste Management lnc. of
Florida; (7) World Waste Recycling; and G7 Holding, lnc. (d/b/a Garbageman); and
WHEREAS, on March 14, 2014, the City Manager via Letter to Commission (LTC) Nlo.
084-2014, appointed an Evaluation Committee (the "Committee") consisting of the following
individuals:
o Jorge Cano, Fleet Division Director, City of Miami Beach;. Daniel Veita, Resident and Leadership Academy Alumni;o Ramon Suarez, Finance Manager, City of Miami Beach;o Rhonda McPherson, Assistant Director, Sanitation Department, City of Miami Beach;. John Woodruff, Director, OBPI, City of Miami Beach; and
961
WHEREAS, the Committee convened on May 30, 2014, to consider proposals received
and interview the proposers; and
WHEREAS, the Committee was provided with an overview of the project; information
relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; general
information on the scope of services; references; and a D&B report for each responsive
proposal; and
WHEREAS, the Committee was instructed to score and rank the proposers in
accordance with the evaluation criteria in the RFQ and, following deliberations, ranked the
proposers as follows: (1); Waste Management, lnc. of Florida; (2) Progressive Waste Solutions;
(3) Southern Waste Systems, LLC; ( ) Ecological Waste Systems; (5) Sunshine Recycling
Services of SWFL; and (6) 1-866-Junk-Be-Gone; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
rankings of proposals received, the City Manager exercised his due diligence and recommends
that the Mayor and the City Commission enter into negotiations with the top three (3) ranked
proposers: Waste Management lnc. of Florida, Progressive Waste Solutions, and Southern
Waste Systems LCC.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to
Request for Qualifications No. 2013-178SR for the Franchise Waste Contractors to provide
Residential and Commercial Waste Collections and Disposal Services (the RFQ); authorize the
Administration to enter into negotiations for new franchise agreements with the top three (3)
ranked proposers: Waste Management lnc. of Florida, Progressive Waste Solutions, And
Southern Waste Systems Llc; also authorize the Administration to enter into negotiations with
the top three ranked proposers for a new agreement to provide additional solid waste recycling
services at City-owned prope(ies and other related public benefits which, at a minimum, should
contain the same (or more favorable) business terms than the existing services agreement; and
further authorizing the City Manager and City Clerk to execute the franchise agreements and
the additional services agreement upon conclusion of successful negotiations by the
Administration, with such agreements to commence on October 1, 2014, and to run for an initial
term of five (5) years (commencing on October 1,2014 and ending on September 30, 2019).
PASSED AND ADOPTED this _ day of
ATTEST:
2014"
Rafael Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & TANGUAGE
& FORE)(ECUTION
Date
T:\AGENDA\20 1 4\June\June 1 1 Procurem ent\RFP-l 78-20 1 3 - Resolution.doc
&
City Attomey
962
THIS PAGE INTENTIONALLY LEFT BLANK
963
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Land Use
Development Commiftee At lts July 9, 2014 Meeting, And Setting A Public Hearing ln Order To Provide A Recommendation To Miami-Dade
County Public Works Department To Consider The Permanent Closure Of The Street And Sidewalk Fronting St. Patrick's Church and School,
N. Meridian Avenue Between Barry Street and 39tn Street
Mobility Plan Which Gives Priority Recommendations (From Non-Vehicular to Vehicular and
Environmental Scan, etc.): The Road Closure Traffic Study found that no traffic is utilizing this
segment of the conidor for through traffic during the day and the Level of Service is not affected with the closure. Data collection demonstrated
thal onU 7 vehicles park in this block in the evenings and parking capacity was identified in close proximity. Pedestrian data collection revealed
of N. Meridian for school related
Item Summary/Recommendation :
St. Patrick's Church and Private School is located at Avenue and has an enrollment of 274 students from Pre-K through
The church and school campus extends from Garden Avenue on the west to the Biscayne Waterway on the east and is bisected by N. Meridian
Avenue between Barry Street and W. 39th Street. While all the classrooms are located west of N. Meridian Avenue, the gymnasium, library, field,
and cafeteria are all located east of N. Meridian Avenue, thus resulting in a high number of children crossing N. Meridian Avenue each school day.
ln 1995, the City issued a twenty (20) year revocable permit for the installation electrical traffic control arms along with additional parking and
landscaping on N. Meridian Avenue. Cunently, the street is closed by way of electrical arm gates that block vehicular access when school is in
session (approximately 7:00 AM to 5:00 PM). When school is not in session, the gates are opened to allow the public to use the on-street parking
along N. Meridian Avenue.
Cityltaff met with representatives from the St. Patrick's Church and School Administration to discuss the school's concems with the safety of
students given the characteristics of the cunent closure. The Church and School Administration requested authorization from the City to fence-off
the public right-of-way along N. Meridian Avenue between Barry Street and 39th Street in an effort to minimize the threat of unauthorized
pedestrians or animals from entering the school Glmpus and potentially jeopardizing the safety and security of the school children.
On October 23,2013, this item was discussed at the Land Use and Development Committee (LUDC) meeting. The Committee passed a motion
instructing the Administration to issue a Right-of-Way permit immediately for a fence and gate and to perform a traffic and parking analysis for the
permanent vehicular closure of N. Meridian Avenue. The Committee directed the Administration to issue the permit for 120 days and present the
traffic and parking study once completed. Following further coordination between the City and school administration, it was determined that the
Parish would retain the services of a traffic engineer to conduct the required traffic and parking analysis. The draft traffic study was submitted to the
City's Transportation Department and Public Works Department for review in June 2014. The results of the traffic study were discussed at the June
12,2014 LUDC meeting. At the meeting, the Committee was informed that the traffic study found the closure to have negligible adverse impacts on
vehicular traffic circulation and pedestrian circulation. The Committee was also informed that the traffic study would be forwarded to the Miami-
Dade County Public Works and Waste Management's Traffic Engineering Division for its review and approval. The Committee proffered he closure
of N. Meridian Avenue between Barry Street and 39'n Street via a fence during school hours. Following the LUDC meeting, the St. Patrick Parish
School-Gated Road Closure Draft Traffic Study was forwarded to the County for its review. The County determined that the impacts of the
proposed street closure on vehicular traffic were negligible and expressed no objections to the road closure for only vehicular traffic; however, the
County objected to the full closure of the right-of-way to pedestrians. Additional comments pertaining to operational requirements were submitted
by the County. These comments have been shared with the school's traffic engineer and were discussed at the July 9,2014 LUDC meeting. At the
meeting, members of the clergy, school administration, teachers, and parents expressed @ncerns with the safety of students given the cunent
"open" ltreet conditions. Members of the clergy, school administration, teachers, and parents expressed the desire to permanently close N.
Meridian Avenue, including the sidewalk, to befter protect the children from possible extemal threats that may result from unauthorized pedestrians
or animals entering the school campus, wtrich could jeopardize the safety and security of the school children. Pursuant to Miami-Dade Board of
County Commissioners Resolution No. R-545-97 authorizing the implementation of the County's Traffic Flow Modification(s/ Street Closure(s)
Procedure Manual (Manual) and subsequent extension granted under Resolution No. R-66-00, the County has jurisdiction over all trafftc flow
modifications and closures within unincorporated Miami-Dade County or municipalities. Pursuant to Section 1.6 of the Manual, a municipality may
pass a resolution after a public hearing requesting the Miami-Dade County Public Works Department to consider the proposed traffic flow
modifi cation/street closure.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION
t-anO Use and Development Committee recommended that the City Commission set a public hearing in order to provide a
recommendation to Miami-Dade County Public Works Department to consider the permanent closure of the street and sidewalk fronting
St. Patrick's Church and School N. Meridian Avenue between Barry Street and 39th Street.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
Total
Financial lmpact Summary: run
n-Offs:
Dryqrtment Director Asslstjy/fity Manager Gity Manager
JRG ]E&KGBT0rP-,JLM \--.,rl
t
1 D* rrErrr R1NMIAMI BEACH a^rE )13-/q964
g MIAAAIBEACH
City of frtiomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
July 23,2014
A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE LAND USE AND
DEVELOPMENT COMMITTEE AT ITS JULY 9,2014 MEETING, AND SETTING A
PUBLIG HEARING IN ORDER TO PROVIDE A RECOMMENDATION TO MIAMI.DADE
COUNTY PUBLIC WORKS DEPARTMENT TO CONSIDER THE PERMANENT
CLOSURE OF THE STREET AND SIDEWALK FRONTING ST. PATRICK'S CHURCH
AND SCHOOL, ALONG N. MERIDIAN AVENUE BETWEEN BARRY STREETAND 39TH
STREET.
BACKGROUND
St. Patrick's Church and Private School is located at3716 Garden Avenue and has an enrollmentof
274 students from Pre-K through th grade. The church and school campus extends from Garden
Avenue on the west to the Biscayne Waterway on the east and is bisected by N. Meridian Avenue
between Barry Street and W. 39th Street. While all the classrooms are located west of N. Meridian
Avenue, the gymnasium, library, field, and cafeteria are all located east of N. Meridian Avenue, thus
resulting in a high number of children crossing N. Meridian Avenue each school day.
Currently, the street is closed by way of electrical arm gates that block vehicular access when school
is in session (approximately 7:00 AM to 5:00 PM). When school is not in session, the gates are
opened to allow the public to use the on-street parking along N. Meridian Avenue. ln 1995, the City
issued a twenty (20) year revocable permit for the installation electrical traffic control arms along with
additional parking and landscaping on N. Meridian Avenue. Prior to the approval of the partial
closure via the electrically operated traffic control arm gates, barricades were deployed every
morning to close the road. While vehicles cannot enter N. Meridian Avenue while the arm gates are
lowered, the current means of closure allows for pedestrians to enter the school campus with no
restrictions. lt is worth noting that south of Barry Street, N. Meridian Avenue is permanently closed to
vehicular traffic by way of curbed street closure.
City staff met with representatives from the St. Patrick's Church and School Administration to
discuss the school's request for permanent closure of N. Meridian Avenue between Barry Street and
39ft Street. The School Administration expressed concerns with the safety of students given recent
violent events that have occurred in other schools in the nation. The Church and School
Administration requested authorization from the City to fence-off the public right-of-way along N.
Meridian Avenue between Barry Street and 39th Street in an effort to minimize the threat of
unauthorized pedestrians or animals from entering the school campus and potentially jeopardizing
the safety and security of the school children.
On October 23,2013, this item was discussed at the Land Use and Development Committee
(LUDC) meeting. The Committee passed a motion instructing the Administration to issue a Right-of-
Way permit immediately for a fence and gate and to perform a traffic and parking analysis for the
permanent vehicular closure of N. Meridian Avenue. The Committee directed the Administration to
TO:
FROM:
DATE:
SUBJECT:
the City
965
St. Patrick's School Permanent Closure of Street and Sidewalk Along N. Meridian Avenue Between Barry
Sfreef and 3dh Sfreef
July 23, 2014
Page 2 of 2
issue the permit tor 120 days and present the traffic and parking study once completed. Following
further coordination between the City and school administration, it was determined that the Parish
would retain the services of a traffic engineer to conduct the required traffic and parking analysis.
The draft traffic study was submitted to the City's Transportation Department and Public Works
Department for review in June 2014. The results of the traffic study were discussed at the June 12,
2014 LUDC meeting. At the meeting, the Committee was informed that the traffic study found the
closure to have negligible adverse impacts on vehiculartraffic circulation and pedestrian circulation.
The Committee was also informed that the traffic study would be forwarded to the Miami-Dade
County Public Works and Waste Management's Traffic Engineering Division for its review and
approval. The Committee proffered the closure of N. Meridian Avenue between Barry Street and 39h
Street via a fence during school hours.
Following the LUDC meeting, the St. Patrick Parish School-Gated Road Closure DraftTrafficStudy
was forwarded to the County for its review. The County determined that the impacts of the proposed
street closure on vehiculartraffic were negligible and expressed no objections to the road closure for
only vehicular traffic; however, the County objected to the full closure of the right-of-way to
pedestrians. Additional comments pertaining to operational requirements were submitted by the
County. These comments have been shared with the school's traffic engineer and were discussed
at the July 9, 2014 LUDC meeting. At the meeting, members of the clergy, school administration,
teachers, and parents expressed concems with the safety of students given the current "open" street
conditions. Members of the clergy, school administration, teachers, and parents expressed the
desire to permanently close N. Meridian Avenue, including the sidewalk, to better protect the
children from possible external threats that may result from unauthorized pedestrians or animals
entering the school campus, which could jeopardize the safety and security of the school children.
ANALYSIS
Pursuantto Miami-Dade Board of County Commissioners Resolution No. R-545-97 authorizing the
implementation of the County's Traffic Flow Modification(s/ Street Closure(s) Procedure Manual
(Manual) and subsequent extension granted under Resolution No. R-66-00, the County has
jurisdiction over all traffic flow modifications and closures within unincorporated Miami-Dade County
or municipalities. Pursuant to Section 1 .6 of the Manual, a municipality may pass a resolution after a
public hearing requesting the Miami-Dade County Public Works Department to consider the
proposed traffic flow modification/street closure. As such, the LUDC made a recommendation, at its
July 9, 2014 meeting, that the City Commission set a public hearing in order to provide a
recommendation to Miami-Dade County Public Works Department to consider the permanent
closure of the street and sidewalk fronting St. Patrick's Church and School, along N. Meridian
Avenue between Barry Street and 39th Street.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve a resolution
accepting the recommendation of the LUDC at its July 9,2014 meeting, and setting a public hearing
in order to provide a recommendation to Miami-Dade County Public Works Department to consider
the permanent closure of the street and sidewalk fronting St. Patrick's Church and School, along N.
Meridian Avenue between Barry Street and 39th Street.,fr \ilL J.r, D
'KGB/JRG/ETC/JFD
T:\AGENDAUoI4uuty\St. Patrick's School Pemanent Closure of Street and Sidewalk Along N. Meridian Avenue Between Barry Street and 39th Street.doc
966
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE LAND USE AND DEVELOPMENT
COMMITTEE AT ITS JULY 9,2014 MEETING, AND SETTING A
PUBLIC HEARING IN ORDER TO PROVIDE A
RECOMMENDATION TO MIAMI.DADE COUNTY PUBLIC
WORKS DEPARTMENT TO CONSIDER THE PERMANENT
CLOSURE OF THE STREET AND SIDEWALKS FRONTING ST.
PATRICK'S CHURCH AND SCHOOL, ALONG N. MERIDIAN
AVENUE BETWEEN BARRY STREET AND 39TH STREET.
WHEREAS, the City of Miami Beach holds a right-of-way dedication to a street
and sidewalks fronting St. Patrick's Church and School, along N. Meridian Avenue
between Barry Street and 39th Street (the Street); and
WHEREAS, St. Patrick's Church and School is located at3716 Garden Avenue,
and has an enrollment of 274 students from Pre-K through 8th grade; and
WHEREAS, over the years St. Patrick's has requested the City's assistance in
dealing with traffic, safety, and security of its students in accessing the Street; and
WHEREAS, in 1995, the City issued a 20 year revocable permit for the
installation of the electrical traffic control arm along with additional parking and
landscaping on N. Meridian Avenue, and in the interim allowed the Street to be blocked
by barricades to ensure no traffic during the time the children were going to school; and
WHEREAS, currently, the Street is closed by way of electrical arm gates that
block vehicular access when school is in session from approximately 7:00 a.m. to 5:00
p.m., and when school is not in session, the gates are opened to allow the public to use
the on-site parking along N. Meridian Avenue; and
WHEREAS, pursuant to Section 1.6 of the Miami-Dade County "Traffic Flow
Modification(s)/Street Closure(s) Procedure" Manual (Manual), of the Miami-Dade
County Public Works Department Traffic Engineering Division, a public hearing of a
municipality may be held, and a request for street closure may be transmitted to the
County for consideration; and
WHEREAS, Section 1.6 of the Manual provides that the County Public Works
Department will make the determination to close a street, upon a municipality passing a
resolution, after public hearing, on the issue of the proposed street closure; and
WHEREAS, the Clergy and school administrators from St. Patrick's Church and
School have expressed concerns for the safety of the vulnerable student population; and
WHEREAS, the Clergy and School, Congregation, parents, and teachers are
seeking to permanently close the Street to better protect the minor children from
967
possible external threats that may result from unauthorized pedestrians or animals
entering the school campus, which could jeopardize the safety and security of the school
children; and
WHEREAS, during the July 9, 2014 Land Use and Development Committee
meeting, the Clergy for St. Patrick's, as well as many parents from the Congregation
and School, supported the aforestated Street closure, due to security and safety
concerns; and
WHEREAS, the Land Use and Development Committee recommended that the
City Commission schedule a public hearing to hear from the community as to whether it
is in the public interest to permanently close the street and sidewalks fronting St.
Patrick's Church and School, along N. Meridian Avenue between, Barry Street and 39th
Street.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby accept the recommendation of the Land Use and Development
Committee at its July 9, 2014 meeting, and sets a public hearing in order to provide a
recommendation to the Miami-Dade County Public Works Department to consider the
permanent closure of the street and sidewalks fronting St. Patrick's Church and School,
along N. Meridian Avenue between Barry Street and 39th Street.
PASSED and ADOPTED this ,day of 2014.
PHILIP LEVINE, MAYOR
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
APPROVED AS TO
FORM & TANGUAGE
t-t4-/
-
DoleCitvAttornev -*"
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THIS PAGE INTENTIONALLY LEFT BLANK
969
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Accepting
The Recommendation Of The Neighborhood/Community Affairs Committee And Authorizing The
lssuance Of lnvitation To te (lTN) 2014-277-SW For Car Sharinq Services.
Item Sum marv/Recom mendation :
lm ino availabilitv.
Data Environmental Scan. etc.): N/A
Car snaring is another environmentally friendly program, similar in concept to the bicycle sharing
program that allows users to rent vehicles by the hour. Car sharing discourages the need to own an
automobile which has numerous benefits to the user as well as the environment.
"Hertz 2417" isthe City's current sole car sharing service provider. Both Hertz and the City had high
expectations for utilization of the seryice, particularly in the denser areas of the City; however, these
expectations have not come to fruition. As such, the current car sharing model provided by Hertz is
neither meeting Hertz's nor the City's expectations. Nonetheless, the Administration believes that
there may still be a need for this service across the Ci$ and that there are other car sharing service
providers, including ZipCar and Cars2Go that have a successful presence both locally and
nationally.
Therefore, the City is seeking to release an lnvitation to Negotiate (lTN) for firms interested in
providing the City with options for a public car sharing service in order to continue promoting
multimodal transportation options throughout the City. Proposers are encouraged to submit
proposals for on-street car sharing, or off-street car sharing, or both. The intent is to provide
residents, visitors, and tourists with an alternative mobility option in the form of an automobile with
user fees assessed by minute, hour, or day and is easily accessible at any on-street or off-street
parking space,
The Neighborhood/Community Affairs Committee has endorsed exploring additional car sharing
options and has recommended that the City pursue a formal com.petitive procurement process to
evaluate potential car sharing services. The resulting ITN is attaclred.
RECOMMENDATION
Acceot the recommendation of the Committee and the issuance of the lTN.
ffre NeignOorhood/CommunityAffairs Committee, at its May 30, 2014meeting, recommended that
the Ci$ pursue a formal competitive procurement process to ascertain the car sharing services and
Financial lnformation :
Financial lmpact Summary: N/A
Clerk's Office
1 4Uuly\ProcurementUTN 2014-277 -SW Services SUMMARY 20140701.doc
Alex Denis, Director Ext # 6641
AGENDA rrnna R?O
oma ?-23-/V{s MIAMIBIACH 970
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
the City
MTAMI BEACH, FLORIDA TO ACCEPT THE RECOMMENDATION OF THE
NETGHBORHOOD/COMMUNTTY AFFAIRS COMMITTEE AND AUTHORIZE
THE TSSUANCE OF AN INVITATION TO NEGOTIATE (lTN) 2014-277-SW FOR
CAR SHARING SERVICES.
ADMINISTRATION RECOMMENDATION
ffre nOministration recommends that the Mayor and Commission accept the recommendation of the
Neighborhood/Community Affairs Committee and approve the issuance of the ITN 2014-277-SW for a Car
Sharing Services.
KEY INTENDED OUTCOME
I mprove parking availability.
FUNDING
This is revenue generating with no expense to the City.
BACKGROUND/ANALYSIS
Car sharing is another environmentally friendly program, similar in concept to the bicycle sharing program
that allows users to rent vehicles by the hour. Car sharing discourages the need to own an automobile
which has numerous benefits to the user as well as the environment.
"Hertz 2417" is the City's current sole car sharing service provider. Hertz has an Agreement with the City for
a five year term which commenced on January 24, 20'12, and expires on January 23, 2017 , and one five (5)
year renewal option, at the sole discretion of the City. The agreement calls for a graduating deployment of
vehicles at each of the City's garages, up to a maximum of 100 vehicles. Currently, Hertz is in compliance
with their deployment schedule and has at least 35 vehicles deployed among all municipal garages. Hertz
pays a monthly parking access card fee of $75, per space, and there is a revenue sharing provision which is
triggered in Year 3 of the Agreement.
Both Hertz and the City had high expectations for utilization of the service, particularly in the denser areas
of the City; however, these expectations have not come to fruition. Pursuant to statistics provided by Hertz,
for the calendar year 2013, there were 3,088 registered customers; a total ol 2,402 transactions; and an
average usage of eight days per month. This equates to an average monthly utilization rate of 7.680/o, ?
metriCused by Hertz to measure usage. Hertz's own goalfor monthly utilization is 30%. As such, the current
car sharing model provided by Hertz is neither meeting Hertz's nor the City's expectations.
Nonetheless, the Administration believes that there may still be a need for this service across the City and
that there are other car sharing service providers, including ZipCar and Cars2Go that have a successful
presence both locally and nationally. Therefore, the City is seeking to release an lnvitation to Negotiate
(lTN) for firms interested in providing the City with options for a public car sharing service in order to
continue promoting multimodal transportation options throughout the City. Proposers are encouraged to
submit proposals ior on-street car sharing, or off-street car sharing, or both. The intent is to provide
residents, visitors, and tourists with an alternative mobility option in the form of an automobile with user fees
assessed by minute, hour, or day and is easily accessible at any on-street or off-street parking space, 24
hours a day, seven days a week.
971
July 23, 2014
City Commission Meeting
Car Sharing Services - ITN
Page 2
The City is seeking firm(s) with the experience and ability to develop, implement, and maintain the proposed
use of a full service car sharing system. Services shall include, but not be limited to:
o Diverse vehicle types, sizes, costs, maintenance and operations inclusive of vehicle locations,
parking arrangements and insurance coverage.. Comprehensive billing and accounting system able to process the City's needs as it relates to a
municipal public car sharing system.o Web-based reservation/payment utilities that are user friendly, allowing access to the program and
credit card payment 24 hours a day, 7 days a week, 365 days a year.
o Mobile application and capability to interface, including communication and transmission of data, with
the City's existing parking (or other) mobile application.o Technical support plan, including but not limited to a local presence capable of handling responses
within 30 minutes, website, etc.o Membership program with incentives for frequent users and/or special events. ln addition a
Corporate d iscount program.o Monitoring/auditing features to ensure compliance with the parameters of the program and financial
return to the City.o Marketing Plan that outlines existing marketing strategies as well as future initiatives which can be
utilized to insure programs successful adoption by area residents and visitors.
. Funding source for the development, implementation and managemenUoperation of the program
The Neighborhood/Community Affairs Committee has endorsed exploring additional car sharing options and
has recommended that the City pursue a formal competitive procurement process to evaluate potential car
sharing services. The resulting ITN is attached.
MAJOR ITN REQUIREMENTS1. MINIMUMQUALIFICATIONS
Please Reference Section 0300, ITN 2014-277-SW.
2. SUBMITTALREQUIREMENTS
Please Reference Section 0300, ITN 2014-277-SW.
3. CRITERIA FOR EVALUATION
Please Reference Section 0400, ITN 2014-277-SW.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of ITN 2014-277-
SW for Car Sharing Services.
ATTACHMENTS
. Attachment A: ITN 2014-277-SW for a Car Sharing Services for the City of Miami Beach.
,*?
JLM/KGB/SCT/AD
T:\AGENDA\2014Uuly\Procurement\lTN 2014-277-SW Car Sharing Services MEMO'doc
972
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE NETGHBORHOOD/COMMUNITY AFFATRS COMMITTEE (NCAC) AT
ITS MEETING ON MAY 30, 2014 AND AUTHORIZING THE ISSUANCE OF
AN INVTTATION TO NEGOTTATE (rTN) FOR CAR SHARTNG SERVTCES tN
THE CITY OF MIAM! BEACH.
WHEREAS, car sharing is an environmentally friendly program, similar in concept to the
bicycle sharing program that allows users to rent vehicles by the hour and car sharing
discourages the need to own an automobile which has numerous benefits to the user as well as
the environment; and
WHEREAS, the car sharing service that was provided by Hertz 2417 in the City of Miami
Beach has not met projected utilization and it is in the best interest of both parties to discontinue
the program; and
WHEREAS, on April 29,2014, Herlz provided written notification to the City of its intent
to terminate the Agreement on August 5,2014, pursuant to Section l. (dX2) of the Agreement,
entitled, "Termination for Convenience," which requires a ninety (90) day written notice; and
WHEREAS, car sharing is a viable mobility alternative that should remain as a mobility
option in the City as it has been proven to be successful locally and nationally through different
business models; and
WHEREAS, on May 30, 2014, the City Admlnistration sought guidance and direction
from the NCAC with regard to the issuance of a formal competitive procurement process for car
sharing services; and
WHEREAS, on May 30, 2014, the NCAC recommended that the City Administration
pursue the issuance of a formal competitive procurement process for car sharing services.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee at its meeting on May 30, 2014 and authorize the issuance of an lnvitation to
Negotiate (lTN) for car sharing services in the City of Miami Beach.
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
day of 2014.
,ft,w
Dote
T:\AGENDA\2014\July23\Parking\RecommendationNCAClTNCarSharing.res.doc
973
rNvrTATroN TO NEGOTTATE (tTNl
FOR CAR SHARING SERVICES
rTN 2014-277-SVl
ITN ISSUANCE DATE: JULY 24,2014
PROPOSALS DUE: AUGUST 22,2014 @ 3:00 PM
ISSUED BY: Steven Williams
# &AIA&AIBEACH
Steven Williqms, Procuremenl Coordinotor
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miomi Beoch, FL 33.l39
305.673.7000 x6650 | Fox: 786.373.4330 | www.miomibeochfl.gov
974
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TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTtLtzED ......... ..........N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ...............3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............10
0400 PRoPoSAL EVALUATTON ....... ............12
APPENDICES:PAGE
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ,,.,..,,14
APPENDIX B "NO PROPOSAL" FORM ....,...21
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ...................23
APPENDIX D COST PROPOSAL FORM ,..,..26
APPENDIX E INSURANCE REQUIREMENTS ...............28
lTl\ 2Ol4-277'SW Cor Shoring Services
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&AA|AAAt*rACL-l
SECTION ()2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS
1, GENERAL. This lnvitation to Negotiate (lTN) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost Proposals (the
"Proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, thesuccessfulProposer(s) (the"contractor[s]") if this ITN results in an award,
The City utilizes Public Purchase (www,lllllgpuqhase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this lTN. Any prospective
Proposer who has received this ITN by any means other than through Public Purchase must register immediately
with Public Purchase to assure it receives any addendum issued to this lTN. Failure to receive an addendum
may result in disqualification of Proposalsubmitted.
2. PURPOSE.
The City of Miami Beach is seeking to procure a public car sharing service provider in order to continue promoting
multimodal transportation options throughout the City. Proposers are encouraged to submit proposals for on-street
car sharing, or off-street car sharing, or both, The intent is to provide residents, visitors, and tourists with an
alternative mobility option in the form of an automobile with user fees assessed by minute, hour, or day and is easily
accessible at any on-street or off-street parking space, 24 hours a day, seven days a week.
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl,qov ; or facsimile: 786-394-4188. The ITN title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days
prior to the date Proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be
sent to all prospective Proposers in the form of an addendum.
Procurement Contact:
Steven Williams
Telephone:
(305)673-7000 x6650
Email:
Stevenwilliams@miamibeachfl.gov
LE. The tentative schedule for this solicitation is as follows:
ITN lssued July 24,2014
Pre-Proposal Meeting August XX, 2-014'@ X:XX p.m.
Deadline for Receipt of Questions August 15,2014
Proposals Due August 22,2014 @ 3:00 PM
Evaluation Committee Review TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
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b MIAMIBTACH
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). A Pre-Proposal conference, as scheduled in Solicitation
Timetable, will be held at the following address:
City of Miami Beach
City Hall- 4tt'Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Location may be revised as necessary to accommodate schedules. Proposers are encouraged to arrive early in the
event of a change of location,
PROPOSERs interested in participating in the meeting via telephone must follow these steps:
(1) Dialthe TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER 1142644# (note that number is followed by the pound key)
PROPOSERs who are interested in participating via telephone, should send an e-mail to the Procurement contact
named herein, expressing your intent to participate via telephone at least one business day in advance of the
meeting.
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede
terms noted in this solicitation. Addendum will be released through Public Purchase.
7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the"Cone of Silence," The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida, Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. miamibeachfl.qov/procuremenUscroll. aspx?id=235 1 0
. CONE OF S|LENCE.... CITY CODE SECTION 2486. PROTEST PROCEDURES CITY CODE SECTION 2-371
o DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3
o LOBBYIST REGISTMTION AND DISCLOSURE OF FEES.... CITY CODE SECTIONS 2481 THROUGH 2406r CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES. .. . .. ... .. CITY CODE SECTION 2488
o REQUIREMENT FOR CITY CONTRACTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS..... CITY CODE SECTION 2-373
. LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2407 THROUGH24lO. LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......,., CITY CODE SECTION 2-372
ITN ?014?-77-SW Cor Shoring Services
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E MIAfiAIBf;ACr{
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE.
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374. FALSE CLAIMS ORDINANCE.... CITY CODE SECTION 70-300. ACCEPTANCE 0F GIFTS, FAVORS & SERVICES.... .... CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the
deadline for submittal of Proposals and will make a reasonable effortto give at least three (3) calendar day's written
notice of any such postponement to all prospective Proposers through Public Purchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the Proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-3747,
as amended, a five (5) point preference will be given to a responsive and responsible Miami Beach-based Proposer,
12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No, 2011-
3748, as amended, the City shall give a five (5) point preference to a responsive and responsible Proposer which is
a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business
enterprise.
13. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section V, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission that negotiations be
approved with one or more Propose(s) s/he deems to be in the best interest of the City or may recommend rejection
of all Proposals. The City Manager's recomrnendation need not be consistent with the scoring results identified
herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(a) The quality of performance of previous contracts,
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also relect all Proposals. Upon approval of
selection by the City Commission, negotiations between the City and the selected Propose(s) will commence.
14. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all Proposals
prior to award. Reasonable efforts will be made to either award the Contract or reject all Proposals within one-
hundred twenty (120) calendar days after Proposals opening date. A Proposer may not withdraw its Proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of Proposals opening.
15. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract, lgnorance of such conditions and requirements,
IIN 2014'277 SW Cor Shoring Services
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g AAIAAAIBTACH
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
obligation to comply with every detail and with all provisions and requirements of the contract, and will not be
accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the
Proposer.
16. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City.
17. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City,
18. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
19. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this lTN. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive.
20. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced, lnvoices must be
submitted in a format consistent with the Purchase Order.
21. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for,
or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the City of Miami Beach, Florida, lf the Proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work.
22. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations, Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract,
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
IIN 2O14-277 SW Cor Shoring Services 6
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23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
24, ANTI-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
25. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Propose/s facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation,
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require Proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City,
26. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenrvise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
27. LAWS. PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
28. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency,
29, VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
30. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A, Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer's Proposal in response to the solicitation.
E. ln case of any doubt or difference of opinion as to the items andlor services (as the case may be) to be
furnished hereunder, the decision of the City shall be final and binding on all parties.
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^'AiA,\AISTACF{
31. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor
expressly understands and agrees that any insurance protection required by this Agreement or othenruise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additionalextensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
33. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s.24(a), Art, 1 of the State Constitution untilsuch time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119,0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to pedorm the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as othenruise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
34. MODIFICATIONMITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered,
35. EXCEPTIONS TO lTN. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
this lTN, and outline what, if any, alternative is being offered. Allexceptions and alternatives shall be included and
clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any
or all exceptions and alternatives, ln cases in which exceptions and alternatives are rejected, the City shall require
the Proposer to comply with the particular term and/or condition of the ITN to which Proposer took exception to (as
said term and/or condition was originally set forth on the ITN).
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36. ACCEPTANCE OF GIFTS, FAVORS. SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the discharge of his official duties.
(BALANCE OF PAGE INTENTIONALLY LEFT BLANK)
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E AAIAAAIBTACH
SECTION ()3()O PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED PROPOSALS. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, five (5)
bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information
should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation
number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through
email or facsimile, are not acceptable and will be rejected.
2. LATE PROPOSALS. Proposals are to be received on or before the due date established herein. Any Proposal
received after the deadline established for receipt of Proposals will be considered late and not be accepted
or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or
othenruise.
3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of Proposals, it is strongly recommended that Proposals be organized and tabbed in
accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a
table of contents with page references. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications ts
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed,
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
irements established in Appendix C, Minimum Requirements and Specifications.
& Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of
similar experience, the following is required: protect description, agency name, agency contact, contact telephone &
email, and yea(s) and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members' qualifications, A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assigned to this contract.
2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No Proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https//supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submitta! to the City and
as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
contact Dun & Bradstreet at800-424-2495.
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of Services Pro
3.1 Submit detailed information addressing how Proposer will achieve each portion of the scope of services and
technical requirements outlined in Appendix C, Minimum Requirements and Specifications.
3.2 Proposers should submit the following requirements: (1) Operations/lmplementation Plan; (2) Technical Plan;
and (3) Marketing Plan.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to complete a fully review and score the of services,
g AAIAAAIBfi,qCH
Note: After Proposal submittal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
Cost and Revenue Prooosa! (On-Street) Group I
4.1 Proposers may submit a proposal for On-Street.
4.2 Proposers must provide User Fees and Financial Return to the City to be responsive.
4.3 Estimated amounts or quantities are for comparison purposes only and do not imply any specific order amount or
guaranteed order. Any and all costs to the user must be included in the cost proposal submitted to the City.
4.4 For Group lthere will be a maximum of 15 points assigned for User Fees and 25 points for Financial Return to the City.
Within the User Fees, the various costs will be evaluated on a weighted scale assigning:
10o/o for annual membership charge, 70% for per minute charge, 10% for per hour charge, and 10% for per day charge
maximum of 100% to determine the weighted cost per fee type.
The sum of all fee tvoes will total the total weiohted cost.
Cost and Revenue
4.1 Proposers may submit a proposal for Off-Street.
4.2 Proposers must provide User Fees and Financial Return to the City to be responsive.
4.3 Estimated amounts or quantities are for comparison purposes only and do not imply any specific order amount or
guaranteed order. Any and all costs to the user must be included in the cost proposal submitted to the City,
4.4 For Group ll there will be a maximum of 1 5 points assigned for User Fees and 25 points for Financial Retum to the City.
Within the User Fees, the various costs will be evaluated on a weighted scale assigning:
10% for annual membership charge, 70o/o for per minute charge, 10o/o for per hour charge, and 10% for per day charge
maximum of 100% to determine the weighted cost per fee type.
The sum of all fee tvoes will total the total weiohted cost.
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SECTION O4OO PROPOSAL EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of Proposals will proceed in a two-step process as noted below. lt is important
to note that the Evaluation Committee will score the qualitative portions of the Proposals only, The Evaluation
Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2
Evaluations will be fonruarded to the City Manager who will utilize the results to make a recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established
below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:o review and score all Proposals received, with or without conducting interview sessions; oro review all Proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows,
Cost Proposal - User Fees
Cost Proposal - Financial Return to the City
15
25
Miami Beach-Based Vendor Preference
Veterans Preference
5
5
4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
Sample Obiective Formula for Weiqhted Cost (User Fees)
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(lowest cost I cost of proposal
being evaluated X maximum
allowable points = awarded
points)
Round to
Total
Points
Awarded
Vendor A $100.00 15 $100 / $100 X 15 = 15 15
Vendor B $150.00 15 $100 / $150 X 15 = 10 10
Vendor C $200.00 15 $100 / $200 X 15 = 8 B
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b ,\AIAMISTACH
Sample Obiective Formula for Weiqhted Revenue (Financial Return to Citv
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illushative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(revenue of proposal being
evaluated/ highest revenue X
maximum allowable points =
awarded points)
Round to
Total
Points
Awarded
Vendor A $200.00 25 $200 , $200 X25 = 25 25
Vendor B $150.00 25 $150, $200 X 25 = 19 19
Vendor C $100.00 25 5100, $200 X 25 = 13 13
Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will
be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1
and 2 scores will be converted to rankings in accordance with the example below:
Step 1
Points 82 76 80
Step 2
Points 10 7 5
Total 92 84 85
Rank 1 3,2
ffi.$ii
;iGnxnifteeaMember2
Step 1
Points 90 85 72
Step 2
Points 10 7 5
Total 100 92 79
Rank 1 2 3
Step 1
Points 80 74 66
Step 2
Points 10 7 5
Total 90 B1 72
ti r\:.iiii{:,tnr :irilr r I I
! il\:\':-\lliRiirl(i I ti,,1 =
:r?.:/ili).1i/.:a.:::/.;:!.;"1*
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results.
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APPENDIX A
,R
,ry &ANA,UI ffiXAilN
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
rTN 201 4-277-SW
CAR SHARING SERVICES
FOR THE CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
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Solicitation No:
rTN 2014-277-SW
Solicitation Title:
CAR SHARING SERVICES FOR THE CITY OF MIAMI BEACH
Procurement uontact:
Steven Williams
Tel:
305.673.7000 x6650
Email:
Stevenwill iams@m iam ibeachfl .oov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated, This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
L General Proposer lnformation.
FIRM NAME:
No of Years in Business:No of Years in Business Locally: I No. of Employees:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:lIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO,:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EII/AIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
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3.
Miami Beach Based (Local)Vendor. ls Proposer claiming Miami Beach based firm status?
l__-l ves [-_l ruo
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the
City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, as amended, to
demonstrate that the Proposer is a Miami Beach Based Vendor.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
l__l vrs [__-l r,ro
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that flrm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748, as amended.
Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of
its affillates
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violatlon, or had
a contract cancelled due to non-oerformance bv anv oublic sector aoencv?[--l vrs '[---l
ruo
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s)
in the last five years. lf an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or
agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported
action. lf no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. lf "No" litigation or
regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to
this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful,
misleading or false answers to this question shall result in the disqualification of the firm for this project.
SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any
proposer team member firm, in the past 5 years. lf Proposer has no litigation history or regulatory action in the past 5 years, submit
a statement accordingly.
Vendor Campaign Contributions. Proposers are expected to be or become famlliar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance,
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
4.
5.
6.
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B.Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Management Department with its
response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all
applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the
City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU.
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers
shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below:o Commencing with City flscal year 2012-13 (October 1, 2012), the hourly living rate will be $1 1 .28/hr with health
benefits, and $12.92hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CPl-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labo/s
Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by
resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement
same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may,
at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties
and flnes, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is
available at www. miamibeachfl . gov/procu remenU.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
to the living wage requirement.
Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 51 or more fulltime employees on their payrolls during 20 or more
calendar work weeks, the Equal Beneflts for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
[---l vrs [___l tto
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
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C. Please check all benefits that apply to your answers above and list in the "othe/' section any additional benefits not already
specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement
leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Familv Medical Leave
Bereavement Leave
9.
10.
ff\ ?A14'277 SW Cor Shoring Services 17
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11.
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal
Benefits requirement is available at www.miamibeachfl .gov/procuremenU.
Public Entity Crimes. Section 287 .133(2)(a), Florida Statutes, as cunently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, Proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
Proposal, or reply on a contract with a public entity for the conskuction or repair of a public building or public work; may not submit
proposals, Proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
with the requirements of Section 287 .133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addenda may result in Proposal disqualification.
lnitialto Confirm
Receiol
lnitial to Confirm
Receiot
lnitial to Confirm
Receiot
Addendum 1 Addendum 6 Addendum 1 1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum B Addendum 13
Addendum 4 Addendum I Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover,
12.
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The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Proposals, may accept or reject Proposals, and
may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
informatlon in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to conection of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modifled, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make alldisclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
Information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a flnal unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and conskued in accordance with the laws of the State of Florida.
IIN 2014'277'SW Cor Shoring Senvices l9
992
I hereby certify that: l, as an authorized agent of the Proposer, am submitting the following information as my firm's
Proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of Proposal submitted; Proposer has not divulged,
discussed, or compared the Proposal with other Proposers and has not colluded with any other Proposer or party to any
other Proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this Proposal,
inclusive of the Certification, Questionnaire and Requi Affidavit are true and accurate.
Name of Propose/s Authorized Representative:Title of Propose/s Authorized Representative:
Signature of Propose/s Authorized Representative:UAIE:
State of FLORIDA )
)
on this
-day
of
-,
20-, personally
appeared before me who
County of _) stated that (s)he is the
of a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed, Before me:
Notary Public for the State of Florida
My Commission Expires:
IIN 2014-277'SW Cor Shoring Services .A
993
APPENDIX B
€ ,\,&lAtu\1ffiffi&ffihd
"No Bid" Form
rTN 201 4-277-SW
CAR SHARING SERVICES
FOR THE CITY OF MIAMI BEACH
PROCUREMENT DIVISION,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
ITN 2014-277-SW Cor Shoring Services 21
994
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR tNDTCATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
__Unable to meet insurance requirements
_Do not offer this producUservice
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Steven Williams
PROPOSAL #201+277.SW
1700 Convention Center Drive
MIAMI BEACH, FL 33139
IIN 2O14'277-SW Cor Shoring Services 22
995
APPENDIX C
&AtA&Ai mffiAth"{
Minimum Requirements
& Specificotions
ITN 201 4-277-SW
CAR SHARING SERVICES
FOR THE CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33.l39
IIN 2O14-277'SW Cor Shoring Services 23
996
C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below.
Proposer shall submit detailed verifiable information affirmatively documenting compliance with each
minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-
responsive and will not be considered,
1. The Proposer must have a verifiable proven record of providing Car Sharing Services and
must have at least three (3) years' experience in providing car sharing services in the
United States.
2. The Proposer must provide three (3) references with at least one being a public agency,
C2. Statement of Work Required.
The City of Miami Beach is seeking to procure a public car sharing service provider in order to continue
promoting multimodal transportation options throughout the City. Proposers are encouraged to submit
proposals for on-street car sharing, or off-street car sharing, or both, The intent is to provide residents,
visitors, and tourists with an alternative mobility option in the form of an automobile with user fees
assessed by minute, hour, or day and is easily accessible at any on-street or off-street parking space, 24
hours a day, seven days a week.
SCOPE OF SERVICES1. Operational/lmplementation Plan: Proposers should provide a detailed
operational/implementation plan and may include any additional information and/or services not
referenced below:
1) Capacity and past experience of the Proposer to develop, implement, and maintain the
proposed use inclusive of an implementation timeline,
2) Fleet size, vehicle types, costs, maintenance and operations.
3) Membership characteristics and demographics usage patterns.
4) Ancillary services provided, if any,
5) Member screening and member management criteria.
6) Deposits, fees, billing and accounting requirements.
7) Locations of vehicles and parking arrangements.
8) Mobility partners and information.
9) Usage policies for members.
10) Vehicle and organization insurance, including the type, limits and exclusions of insurance
to be provided both with regard to the car share fleet and liability associated with
use/ownership.
2. Technical Plan: Proposers should provide a detailed technical plan and may include any
additional information and/or services not referenced below:
1) Web-based reservation/payment utilities that are user friendly, allowing access to the
program and credit card payment 24 hours a day, 7 days a week, 365 days a year.
2) Mobile application and capability to interface, including communication and transmission of
data, with the City's existing parking (or other) mobile application.
3) Shared access to all program related data in a format that suits the City in "real time",
4) Technical support plan, including but not limited to a local presence capable of handling
responses within 30 minutes, website, etc,
IIN 2014277 SW Cor Shoring Services .AZ4
997
3. Marketing Plan: Proposers should provide a detailed marketing plan and may include any
additional information and/or services not referenced below:
1) Marketing Plan/Support. Plan outlining existing marketing strategies as wellas future
initiatives which can be utilized to insure programs successful adoption by area residents
and visitors.
2) Funding source for the development, implementation and managemenUoperation of the
program.
3) Userfees,
4) Corporate discounts and incentives for frequent users and/or special events.
5) Monitoring/auditing features to ensure compliance with the parameters of the program and
financial return to the City.
6) Marketing Plan/Support. Plan outlining existing marketing strategies as well as future
initiatives which can be utilized to insure programs successful adoption by area residents
and visitors.
(BALANCE OF PAGE INTENTIONALLY LEFT BLANK)
IIN 2O14-277-SW Cor Shoring Services 25
998
APPENDIX D
ffi*&M* mffi&ilH
Cost Proposol Form
rTN 201 4-277-SW
CAR SHARING SERVICES
FOR THE CITY OF MIAMI BEACH
PROCUREMENT DIVISION,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
IIN 2014277-SW Cor Shoring Services 26
999
tTN 2014-277-SW
CAR SHARING SERVICES
COST PROPOSAL FORM
Estimated amounts or quantities are for comparison purposes only and do not imply any specific order amount or guaranteed
order" Costs submitted are all inclusive including travel and any and all administrative costs.
Proposers may submit a proposal for Group I On-Street or for Group ll Off-Street or Both
Proposers submittinq to Group I must submit a proposal for both User Fees and Financial Return to the City.
Prooosers submittinq to Group ll must submit a oroposal for both User Fees and Financial Return to the Citv
The City may award: 1) Group I On-Street or 2) Group ll Off-Street or both.
Within each group there will be a weighted maximum points assigned for User Fees and Flnancial Return to the City.
Based upon an estimated annual membership cost please provide the applicable user fees below:
Group l(A)On-Street User Fees (15 maximum points)
Cost Weiqhted Cost
Annual Memberships
Per Minute Charge
Per Hour Charge
Per Day Charge
Weiqht (%)
10x
70x
10x10x $
$
TotalWeighted Cost:
Group I (B) On-Street Financial Return to the City (25 maximum points)
Monthly per parking space
(Estimate: 100 spaces)
Revenue
Group ll (A)Off-Street User Fees (15 maximum points)
weisht
10
70
10
10
Cost Weiqhted Cost
Revenue
Annual Memberships
Per Minute Charge
Per Hour Charge
Per Day Charge
x
x
x
x
TotalWeighted Cost:
Group ll (B) Off-Street Financial Return to the City (25 maximum points)
Monthly per parking space
(Estimate: 100 spaces)
IIN 2O14-277-SW Cor Shoring Services 27
1000
APPENDIX E
g AA$&MIBilACr*
lnsuro nce Requirements
rTN 201 4-277-SW
CAR SHARING SERVICES
FOR THE CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
ITN 2014'277 SW Cor Shoring Services ,a
1001
tn
':AAIAMIffiffi&ffH
INSURANCE REQUIREMENTS
The vendor shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3d
Floor, Miami Beach, Florida 33139, Certificate(s) of lnsurance which indicate that insurance coverage has been
obtained which meets the requirements as outlined below:
A. Worker's Compensation lnsurance for all employees of the vendor as required by Florida Statute
440.
B" Commercial General Liability lnsurance on a comprehensive basis (including products and
completed operations), in an amount not less than $1,000,000 combined single limit per occurrence
for bodily injury and property damage. City of Miami Beach must be shown as an additional
insured with respect to this coverage.
C. Automobile Liability lnsurance covering all owned, non-owned and hired vehicles used in connection
with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily
injury and property damage,
lnsurance policies required must include a waiver of subrogation in favor of the City. All insurance policies required
above shall be issued by companies authorized to do business under the laws of the State of Florida, with the
following qualifi cations:
The company must be rated no less than "8" as to management, and no less than "Class V" as to
financial strength, by the latest edition of Best's lnsurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All lnsurance Companies Authorized or Approved to Do Business in Florida" issued by the
State of Florida Department of lnsurance and are members of the Florida Guaranty Fund.
Ceffficates will indicate no modification or change in insurance shall be made without thirty (30) days in advance
notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
17()() CONVENTION CENTER DRIVE
3,0 FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this
section or under any other section of this agreement.
IIN 2014 277 SW Cor Shoring Services 29
1002
THIS PAGE INTENTIONALLY LEFT BLANK
1003
E MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
CC:
FROM: Philip Levine, Mayor
DATE: July 23'd, 2014
SUBJECT: One Miami Beach, lnc. and the Acceptance of Donations Totaling
$900.00 and Reimbursement to Gloria Campos
Please place a resolution on the agenda related to One Miami Beach, lnc. and the
acceptance of donations from various donors, totaling $900.00; with such donations
to be distributed by the City to Gloria Campos, as reimbursement for funds
expended in connection with the purchase of 100 tickets for seniors to attend Cuba
Nostalgia event.
lf there are any questions or concerns, please do not hesitate to contact Alex
Miranda at AlexMiranda@MiamiBeachFL.gov.
We ore commilted to providing excellent public service ond sofety to oll who live, work, ond ploy in our vibrant, tror,"o,,
Og"nda ltgm
Date
MEMORANDUM
Members of the City Commission
Jimmy Morales, City Manager
Rafael Granado, City Clerk
R?PfrT;TTl1004
RESOLUTION NO.
A RESOLUTION OF THE CIry OF MIAMI BEAGH, FLORIDA,
ACCEPTING (ON BEHALF OF ONE MIAMI BEACH, tNC.)
DONATIONS FROM VARIOUS DONORS, TOTALLING $9OO.OO;
WITH SUCH DONATIONS TO BE DISTRIBUTED BY THE CITY TO
GLORIA CAMPOS, AS REIMBURSEMENT FOR FUNDS
EXPENDED IN CONNECTION WITH THE PURCHASE OF 1OO
TICKETS FOR SENIORS TO ATTEND THE CUBA NOSTALGIA
EVENT
WHEREAS, on January 15, 2014, the City Commission adopted Resolution No. 2014-
28465, authorizing the creation and establishment of a not-for-profit 501(c)(3) corporation, to be
known as "One Miami Beach, lnc.," and whose purpose would be to provide assistance to
worthy and qualified community needs and projects that benefit the health, safety, or welfare of
the City of Miami Beach; and
WHEREAS, the Articles of lncorporation for One Miami Beach, lnc. were filed with the
Florida Department of State on February 11,2014; and
WHEREAS, the 501(c)(3) review is still pending with the lnternal Revenue Service; and
WHEREAS, the Office of the Mayor received a request from senior members of the
community, requesting assistance for the purchase of tickets to attend the Cuba Nostalgia
event; and
WHEREAS, the City Commission finds that there is a valid public purpose in increasing
senior citizens attendance at cultural events; and
WHEREAS, the City Commission hereby finds that the donation of monies to assist
senior citizens' attendance at cultural events serves a valid public purpose, since the City has
continually pledged its commitment toward improving the quality of life for its elderly residents;
and
WHEREAS, through the efforts of One Miami Beach, lnc. the City has been successful
in raising a total of $900.00 dollars in donations from private donors, which monies were used to
purchase tickets to Cuba Nostalgia.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI, FLORIDA THAT the Mayor and City Commission
hereby accept (on behalf of One Miami Beach, lnc.) donations to be distributed to Gloria
Campos, as reimbursement for funds expended in connection with the purchase of 100 tickets
for seniors to attend the Cuba Nostalgia event.
PASSED AND ADOPTED this
ATTEST:
day of July,2014.
ArfS!,-nfif\ A"r ^.'.
City Clerk l,:OTf/,,i, iA\G:,,nG:
8' r:cq Exrf'frfo\.
AL-Co'l't-?rtrF:\ATTO\$ALL\ROTH\Reso - CubaNostalgia.docx
Mayor
1005
4 MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Pleose ploce on the luly 23, 2O14, Commission Agendo the following item:
A RESOLUTION OF THE MAYORAND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION FROM THE FLOODING MITIGATION COMMITTEE
TO ADOPT CHANGES TO THE SEAWALL CAP ELEVATION TO BETTER
PROTECT THE CITY FROM FLOODING DUE TO SEA LEVEL RISE
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony
questions.
JW
We ore committed to providing excellent public seruice ond sofe\ to oll who live, work, ond ploy in our vibront, tropicol, historic communify'.
Dote: July 1 4,2014
Asendaltem A7Q
Date 1-)3-lV1006
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THECITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FLOODING MITIGATION COMMITTEE TO
AMEND THE 2011 CITYWIDE STORMWATER MANAGEMENT MASTER
PLAN FOR MINIMUM SEAWALL ELEVATION
WHEREAS, on November 14, 2012, pursuant to Resolution No. 2012-28068, the City
Commission approved the 2011 Citywide Stormwater Management Master Plan, which included
a seawall cap minimum elevation of 3.2 feet NAVD; and
WHEREAS, this elevation of 3.2 feet NAVD was based on a 1-year still water elevation
based on the FEMA elevation; and
WHEREAS, the City desires a greater protection from sea level rise, wind-blown wave
action, and extreme tides; and
WHEREAS, at its regular meeting on July 9, 2014, the Flooding Mitigation Committee
recommended, among other items pertaining to a discussion on seawalls, that the seawall cap
minimum elevation be changed from 3.2 feet NAVD to 5.7 feet NAVD throughout the City; and
WHEREAS, if the City Commission accepts the Committee's recommendation as to the
seawall cap minimum elevation, the Administration recommends that this recommendation be
incorporated and adopted, pursuant to the adoption of this resolution, as an amendment to the
2011 Citywide Stormwater Master Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND GITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby
accept the recommendation of the Flooding Mitigation Committee and amend the 2011 Citywide
Stormwater Management Master Plan for minimum seawall elevation.
PASSED AND ADOPTED this _ day of
ATTEST:
CIry CLERK
2014.
MAYOR
APPROVED AS TO
FORM & LANGUAGE
tL
1007
av MIAMIBEACH
OFFI€E OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
GIry MANAGER JIMMY II'IORALES
FRoM: RAUL J. AGUILAZ^IC* ' l-
CITY ATTORNEY
DATE: JULY 23,2014
SUBJECT: RESOLUTION CALLING NOVEMBER 4, 2014 SPECIAL ELECTTON: AMENDMENT
TO CITY CHARTER SECTION 2.07 GOVERNING PROCEDURES FOR THE FILLING
OF VACANCIES IN THE CITY COMMISSION.
The attached Resolution has been prepared calling for a City of Miami Beach Special Election
to be held on November 4,2014 for the purpose of submitting to the City's voters the following
ballot question:
Shall City Charter Section 2.07 establishing procedures for the filling of vacancies in the
City Commission be amended to establish procedures for the filling of a vacancy
caused by resignation of a City Commission member, and to provide that if the City
Commission chooses not to fill a vacancy by appointment then provisions related to a
Special Election to fillthe vacancy shall be established in the City resolution calling said
Special Election?
This Charter amendment is being presented for placement on a City ballot in order to address
issues previously faced by the City in filling vacancies in the City Commission. Specifically,
although Charter section 2.07 currently establishes a procedure for the filling of such vacancy
(via Commission appointment or electorate vote), its language has presented obstacles to the
City's ability to conduct such elections on a date concurrent with the City's regularly-scheduled
General Election; inasmuch as the vacancies that were the subject of these scheduling issues
all stemmed from the filing of an incumbent City Commission member's resignation, the
proposed Charter amendments primarily address specific procedures for filling vacancies in
the Commission so caused by an incumbent's resignation.
Finally, pursuant to directive of the Miami-Dade County Elections Department, the final date by
which the City may adopt its Resolution placing a ballot measure on the November 4,2014
ballot is August 5, 0214. Accordingly, this matter is timely presented to the City Commission
and adoption of the attached Resolution may take place at today's meeting.
Agenda ltem
Date
AlR1)+t{1008
RJA/JO
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMT
BEACH, FLORIDA CALLING FOR A NOVEMBER 4, 2014 SPECIAL ELECTION, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI
BEACH, FLORIDA A QUESTION ASKING WHETHER CITY CHARTER SECTION
2.07 ESTABLTSHING PROCEDURES FOR THE FILLING OF VACANCIES IN THE
CITY COMMISSION SHOULD BE AMENDED TO ESTABLISH PROCEDURES FOR
THE FILLING OF A VACANCY CAUSED BY RESIGNATION OF A MEMBER OF THE
CITY COMMISSION, AND TO PROVIDE THAT IF THE CITY COMMISSION
CHOOSES NOT TO FILL A VACANCY BY APPOINTMENT, THEN PROVISIONS
RELATED TO A SPECIAL ELECTION TO FILL SAID VACANCY SHALL BE
ESTABLISHED IN THE CITY RESOLUTION CALLING SAID SPECIAL ELECTION.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
ln accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held
in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 4,
2014, for the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
said Special Election hereby called, with acceptance of the certification of the results of said
Special Election to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all
precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established
by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at
the polling places and the voting precincts as determined by the Miami-Dade County Election
Officials as set forth in the attached Exhibit "A".
1009
sEcTtoN 4.
Not less than thirty days notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be
made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3
of the Code of the City of Miami Beach.
sEcTroN 5.
The Notice of Election shall be substantially in the following form:
THE C!ry OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:OO
A.M. UNTIL 7:OO P.M. ON THE 4TH DAY OF NOVEMBER, 2014, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
GiW Charter Section 2.07:
Amendins Procedures for Fillins of Vacancv in Gitv Gommission.
Shall City Charter Section 2.07 establishing procedures for the filling of vacancies in the
Gity Gommission be amended to establish procedures for the filling of a vacancy
caused by resignation of a City Commission member, and to provide that if the City
Commission chooses not to fill a vacancy by appointment then provisions related to a
Special Election to fill the vacancy shall be established in the Gity resolution calling
said Special Election?
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent
information regarding eligibility of electors to participate in said elections.
Yes
No
1010
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 4,
2014, hereby called, shall be in substantially the following form, to-wit:
..OFFICIAL BALLOT"
Citv Charter Section 2.07:
Amendinq Procedures for Fillinq of Vacancv in Citv Commission.
Shall City Charter Section 2.07 establishing procedures for the filling of vacancies in the
City Commission be amended to establish procedures for the filling of a vacancy
caused by resignation of a City Commission member, and to provide that if the Gity
Gommission chooses not to fill a vacancy by appointment then provisions related to a
Special Election to fill the vacancy shall be established in the City resolution calling
said Special Election?
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be
in compliance with all statutory requirements relating to the use of mechanical or other
approved voting machines or devices.
sEcTtoN 8.
Registration of persons desiring to vote in the Special Election shall be in accordance
with the general law of the State of Florida governing voter registration. Qualified persons may
obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention
Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at
such other voter registration centers and during such times as may be provided by the
Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on _, 2014. All
persons eligible to vote at this Special Election must be registered before the time and date set
forth herein or have registered previously, as provided by law. Each person desiring to become
a registered voter shall be responsible for properly filling out the registration form and returning
Yes
No
1011
it to the Miami-Dade County Elections Office. All questions concerning voter registration
should be directed to the Miami-Dade County Elections Office, 27OO N.W. 87th Avenue, Doral,
Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating in said Special Election shall be entitled to cast
their ballots in accordance with the provisions of the Laws of the State of Florida with respect
to absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11.
lf any section, sentence, clause or phrase of the proposed ballot measure is held to
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
way affect the validity of the remaining portions of said ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this day of
ATTEST:
,2014.
PH!LIP LEVINE
MAYOR
be
no
RAFAEL E. GRANADO
CITY CLERK
RJA/JO
AI'PROVEDASTO
FORM &IANGUAGE
tFoRE)GcuTpll
.LIe,r W
CiU AuorneY Data
1012
CITY CHARTER SEGTION 2.07:
PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT
NOVEMBER 4, 2014 SPECIAL ELECTION.
I. PROPOSED BALLOT QUESTION:
Citv Charter Section 2.07:
Amendinq Procedures for Fillino of Vacancv in Citv Commission.
Shall City Charter Section 2.07 establishing procedures for the filling of vacancies in the City
Commission be amended to establish procedures for the filling of a vacancy caused by resignation of a
City Commission member, and to provide that if the City Commission chooses not to fill a vacancy by
appointment then provisions related to a Special Election to fill the vacancy shall be established in the
City resolution calling said Special Election?
I!. PROPOSED AMENDED CITY CHARTER TEXT:
City of Miami Beach Charter, Section 2.07 i'Vacancies in eQity eQommission."
Any vacancy occurring in the City Commission shall be filled as follows:
A) Vacancv for Reasons other than Resiqnation of a Member of the Citv Commission.
The Citv Commission shall fill said vacancv by the vote of the majority of the remaining
members of the City Commission within 30 davs after the vacancv occurs and with the appointee
serving the remainder of the unexpired term until the next succeeding gQeneral City eflection, and with
any further remainder of said unexpired term to be filled by a Commissioner member elected at said
gQeneral ellection; if the remaining members of the City Commission shall fail or refuse to fill such
vacancy within said 30 days period,
thenas$peciale!lectionshaIlbecalledandtobeheldwithin
90 davs after expiration of the subiect 30 dav period to elect a Commissioner member to fill such
vacancy for the remainder of the unexpired term.p) Vacancv Due to Resiqnation of a Member of the Citv Commission.
1. Fillinq Vacancv bv Appointment. The Citv Commission shall fill said vacancv bv vote
of the remaininq members of the Citv Commission within 30 davs from submittal of the resiqnino
member's written resisnation to the Citv Clerk.
a) lf the member's resionation was filed pursuant to Section 99.102, Florida
Statutes. then the appointee shall serve the remainder of the member's unexpired term commencinq on
a date no earlier than the date the resiqninq member would take office. if elected and shall serve until
the next succeedino General Citv Election with any further remainder of the unexpired term to be filled
bv a Citv Commission member elected at such General Election.
b) lf the member's resiqnation was not filed pursuant to Section 99.012. Florida
Statutes. then the appointee shall serve the remainder of the member's unexpired term commencino on
a date no earlier than the subiect resiqnation's effective date. and shall serve until the next succeedino
General Citv Election with anv further remainder of the unexpired term to be filled bv a Citv Commission
member elected at such General Election.
c) For purposes of this section. a member who submits his or her resiqnation in
Yes
No
1013
order to qualifv as a candidate for another public office, where such resionation is effective immediatelv
or effective on a date which is prior to the date of the member qualifvinq for the office he or she intends
to seek. shall not be deemed to have filed such resiqnation pursuant to Section 99.012. Florida
Statutes. in which event the procedures established in subsection (B)1(b) above shall applv.
2. Fillino Vacancv bv Election. lf the remainino members of the Citv Commission shall
fail or refuse to fill a vacancv within the 30 dav-period set forth in subsection (B)1 above. then a Special
Election shall be called to be held within 120 davs after the expiration of such 30 dav period to elect a
Citv Commission member to fill such vacancv for the remainder of the unexpired term: provided,
however. that if a Citv General or Countv-wide election is scheduled to be held within 180 davs after
such 30 dav period has expired, the Citv Commission mav defer the required Special Election until
such Citv General or Countv-wide election.
a) Anv person who has been elected to fill a vacancv on the Citv Commission
dueto resionation of a Commission memberfiled pursuantto Section 99.012. Florida Statutes. shall be
installed and take office no earlier than the date the resiqninq member would take office. if elected.
b) Anv person who has been elected to fill a vacancv due to a resiqnation not
filed pursuant to Section 99.012. Florida Statutes. shall be installed and take office no earlier than the
effective date set forth in the subiect resionation.
c) For purposes of this section. a member who submits his or her resionation in
order to qualifv as a candidate for another public office, where such resionation is effective immediatelv
or effective on a date which is prior to the date of the member qualifvino for the office he or she intends
to seek. shall not be deemed to have filed such resiqnation pursuant to Section 99.012. Florida
Statutes. in which event the procedures established in subsection (B)2(b) above shall applv.
d) Provisions related to a Special Election called pursuant to this section.
includinq the qualifvinq period and Runoff election (if required), shall be established in the Citv
Resolution callinq the Special Election.
1014
THIS PAGE INTENTIONALLY LEFT BLANK
1015
ary MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY COMM!SSION
MEMORANDUM
TO:MAYOR PHILIP LEVINE
MEMBERS OF THE CITY GOMMISSION
CITY MANAGER JIMMY MORALES
FRoM: RAUL raGUtLR*\ $6,,F--
CITY ATTORNEY
DATE: JULY 23,2014
suBJEcr: RESOLUTION GALLING NOVEMBER 4, 2014 sPEctAL ELEGTIoN:
AMENDMENT TO GITY CHARTER ARTIGLE V..GITY GOMMISSION'S PRE.
COLLECTIVE BARGAINING ANALYSIS OF FRINGE BENEFITS.
Pursuant to the request of City Commissioner Deede Weithorn, the attached Resolution has
been prepared calling for a City of Miami Beach Special Election to be held on November 4,
2014 for the purpose of submitting to the City's voters the following ballot question:
Shall Chafter Afticle V governing "Budget and Finance" be amended to require that within
the 6 months preceding the City Commissionb ratification of Coltective Bargaining
Agreements with the respective labor unions, the Commr.ssron shall consider at public
hearing a written report presented by Ctty Manager or his designee/City Budget Director,
detailing current sfafus and related fiscal impact of fringe benefits, including pension and
health insurance plans, provided by Crty to its officers and employees?
This Charter amendment will require that within the 6 month period prior to the City
Commission's ratification of the City's Collective Bargaining Agreements with the respective
Iabor unions, the City Commission must consider the current status and related fiscal impact
of fringe benefits, including pension and health insurance plans, provided to City officers and
employees. Commissioner Weithorn has proposed this measure in order to ensure the
Commission's fiscal analysis of City fringe benefits during the collective bargaining process.
Pursuant to directive of the Miami-Dade County Elections Department, the final date by
which the City may adopt its Resolution placing a ballot measure on the November 4,2014
ballot is August 5,2014. Accordingly, this matter is timely presented to the City Commission
and adoption of the attached Resolution may take ptace at today's meeting.
Agenda ltem
oate -7-13111016
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY GOMMISSION OF THE CITY OF MIAMI
BEAGH, FLORIDA CALLING FOR A NOVEMBER 4, 2014 SPEGIAL ELECTION, FOR
THE PURPOSE OF SUBMITTING TO THE ELEGTORATE OF THE CITY OF MIAM!
BEACH, FLORIDA A QUESTION ASKING WHETHER CITY GHARTER ARTICLE V
SHOULD BE AMENDED TO REQUIRE THAT WITHIN THE 6 MONTHS PRECEDING
THE GITY COMMISSION'S RATIFIGATION OF THE CITY'S COLLECTIVE
BARGAINING AGREEMENTS WITH THE RESPECTIVE LABOR UNIONS THE GITY
COMMISSION SHALL CONSIDER AT PUBLIG HEARING A WRITTEN REPORT
PRESENTED BY THE CITY MANAGER OR HIS DESIGNEE/BUDGET DIRECTOR
DETAILING THE CURRENT STATUS AND RELATED FISCAL IMPACT OF FRINGE
BENEFITS, INGLUDING PENSION AND HEALTH INSURANCE PLANS, PROVIDED TO
GITY OFFICERS AND EMPLOYEES.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SEGTION 1.
ln accordance with provisions of the Charter of the City of Miami Beach, Florida and
the general laws of the State of Florida, a Special Election is hereby called and directed to
be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday,
November 4,2014, for the purpose of submitting to the electorate the question as set forth
hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct
the said Special Election hereby called, with acceptance of the certification of the results of
said Special Election to be performed by the City Commission. The official returns for
each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as
the ballots from all precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as
established by the proper and appropriate Miami-Dade County Election Officials. All
electors shall vote at the polling places and the voting precincts as determined by the
1017
Miami-Dade County Election Officials as set forth in the attached Exhibit "A".
SEGTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald, a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SEGTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM
7:OO A.M. UNTIL 7:OO P.M. ON THE 4TH DAY OF NOVEMBER, 2014, Nf
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
City Charter Article V:
City Commission's Pre-Collective Barqaininq Analvsis of Frinqe Benefits
Shall Charter Article V governing "Budget and Finance" be amended to require that within
the 6 months preceding the City Commission's ratification of Collective Bargaining
Agreements with the respective labor unions, the Commission shall consider at public
hearing a written report presented by City Manager or his designee/City Budget Director,
detailing current status and related fiscal impact of fringe benefits, including pension and
health insurance plans, provided by City to its officers and employees?
Yes
No
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent
information regarding eligibility of electors to participate in said elections.
1018
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 4,
2014, hereby called, shall be in substantially the following form, to-wit:
.,OFFICtAL BALLOT"
Citv Charter Article V:
Citv Commission's Pre-Collective Barqaininq Analysis of Frinqe Benefits
Shall Charter Article V governing "Budget and Finance" be amended to require that within
the 6 months preceding the City Commission's ratification of Collective Bargaining
Agreements with the respective labor unions, the Commission shall consider at public
hearing a written report presented by City Manager or his designee/City Budget Director,
detailing current status and related fiscal impact of fringe benefits, including pension and
health insurance plans, provided by City to its officers and employees?
Yes
No
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall
be in compliance with all statutory requirements relating to the use of mechanical or other
approved voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City
Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during
normal business hours, and at such other voter registration centers and during such times
as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami-
Dade County Supervisor of Elections will register voters for this Special Election until 5:00
p.m. on _, 2014. All persons eligible to vote at this Special Election must be
registered before the time and date set forth herein or have registered previously, as
provided by law. Each person desiring to become a registered voter shall be responsible
1019
for properly filling out the registration form and returning it to the Miami-Dade County
Elections Office. All questions concerning voter registration should be directed to the
Miami-Dade County Elections Office, 27OO N.W. 87th Avenue, Doral, Florida 33172;
Telephone: (305) 499-VOTE (8683).
sEcTtoN 9.
That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in accordance with the provisions of the Laws of the State of Florida with
respect to absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt
of invoice or statement approved by the Supervisor of Elections of Miami-Dade County,
Florida.
SECTION 11.
lf any section, sentence, clause or phrase of the proposed ballot measure is held to
be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of said ballot measure.
SEGTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
day of ,2014.
PHILIP LEVINE
MAYOR
APPROVED AS TO
FORM & IANGUAGE
& FOR E)(ECUTION
&-q-0r,\-
City Attomey
1020
(Requested by Commissioner Deede Weithorn)
CITY OF MIAMI BEAGH CHARTER ARTIGLE V:
PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT
NOVEMBER 4, 2014 SPEGIAL ELECTION.
I. PROPOSED BALLOT QUESTION:
City Charter Article V:
Citv Com m ission's Pre-Col lective Barqain i ng Analvsis of Frinoe Benefits
Shall Charter Article V governing "Budget and Finance" be amended to require that within
the 6 months preceding the City Commission's ratification of Collective Bargaining
Agreements with the respective labor unions, the Commission shall consider at public
hearing a written report presented by City Manager or his designee/City Budget Director,
detailing current status and related fiscal impact of fringe benefits, including pension and
health insurance plans, provided by City to its officers and employees?
Yes
No
II. PROPOSED AMENDED GITY CHARTER TEXT:
ARTICLE V. 'BUDGET, AND FINANCE AND PRE-COLLECTIVE BARGAINING
ANALYSIS."
Sec. 5.04. Pre-Collective Baroainino Analysis of Frinoe Benefits.
Within the 6 month period prior to the Citv Commission's ratification of Collective
Barqaininq Aoreements with the respective labor unions. the Citv Commission shall
consider at a duly noticed public hearinq a written report presented bv the City Manaqer or
his designee/Citv Budqet Director. detailinq the current status and related fiscal impact of
frinoe benefits. includinq pension and health insurance plans. provided by the Citv to its
officers and emplovees.
1021
COMMISSION ITEM SUMMARY
Condensed Title:
Supporting Data (Surveys, Environmental Scan, etc.): ln 2013, there were 4,4,697 registered voters for the
eenerat ete6tion witir t t,Sg5 total ballots cast, for a voter turnoulof 25.47o/o. There were 2,910 early voters, 3,856
4.613 voters on election
orTheNovember4,2014CityofMiamiBeachSpecial
Election.
Item SummarvrRecommendation :
Advisory Board Recommendation:
,
Financial lnformation :
During the July 23,2014 City Commission meeting, the members of the City Commission will consider calling a
Speciit Election to be held on Tuesday, November 4, 2014,in conjunction with the State General Election. Section
t Ot.OSZ(1XO) of the Florida Statu.les (the "Early Voting" statute), requires that each County's Supervisor of Elections
commence early voting "rln"l O6-O-"V L"tore in
"redion
that contains State or Federal ra-ces and end on the 3d day
before the election; providing early voting for no less than 8 hours and no more than 12 hours per day at each site
durinq the applicable period. ln aObition, early voting may be offered at the discretion of the Supervisor of Elections
on th! tsth, i+tn, 13tn, i2th, 11tn, or 2nd day before an election that contains State or Federal races for at least 8 hours
per day, but not more than 12 hours per day.
lnasmuch as Florida's Election Code states that municipalities may provide early voting only in municipal elections
that are not held in conjunction with County or State elections, if the City Commission approves a Special Election on
November 4, 2014, thd County will be responsible for conducting the related early voting activities. Accordingly, the
Miami-Dade County Supervisor of Elections has tentatively designated the following early voting schedule for the
November 4,2014'City Special Election, and has tentatively designated the Miami Beach City Hall, Third Floor
Training Room, 1755 Meridian Avenue, and the North Shore Branch Library, Program Room, 7501 Collins Avenue,
as the early voting locations within the City of Miami Beach:
DATE
Monday, October 20
Tuesday, October 21
Wednesday, October 22
Thursday, October 23
Friday, October 24
Saturday, October 25
Sunday, October 26
TIME
7am-3pm
7am-3pm
7am-3pm
7am-3pm
7am-3pm
8am-4pm
8am-4pm
DATE
Monday, October 27
Tuesday, October 28
Wednesday, October 29
Thursday, October 30
Friday, October 31
Saturday, November 1
Sunday, November2
TIME
11 am-7pm
11 am-7pm
11 am-7pm
11 am-7pm
11 am-7 pm
8am-4pm
8am-4pm
Upon receipt from the Miami-Dade County Elections Department of the final early votingschedule and locations for
the anticipited November 4,2014 Specidl Election, the Administration will report this informalion to the Mayor and
Commissioners via Letter to Commission (LTC), and will further post the information on the City's website.
Source of
Funds:
OBP!
Amount Account
1
2
Estimated $30, 1 1 0.30 - November 4, 2014 Special Election
- Cost from County. (Payable in Fiscal Year 201412015)
Approximately $32,000 in legally mandated advertisements,
required by the Florida Statutes and the City
Code.(Approximately 50% of which is payable in Fiscalyear
2O13l2O'14 and 50% oavable in Fiscal Year 201412015)
011-9322-000312
011-9322-000312
Total $62,1 1 0.30
Rafael E. Granado, City Clerk
n-Offs:
CityrlGFl(Assistant City Manager NGity Manager
REG tY/N/A JLM XT\
Voting JULY REG.doc
rceiln rrEm R-l TE MIAMIBEACH a^re 7'13- lq1022
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members ty Commission
Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk
Raul J. Aguila, City Attorney
July 23,2014
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA RECOGNIZING AND APPROVING EARLY VOTING FOR
THE NOVEMBER 4,2014 CITY OF MIAM! BEACH SPECIAL ELECTION.
AD]UINISTRATION RECOMMENDATION
Approve a resolution recognizing and approving early voting, contingent upon the City of Miami
Beach calling for a Special Election to be held on Tuesday, November 4,2014, in conjunction with
the State General Election.
ANALYSIS
During the July 23, 2014 City Commission meeting, the members of the City Commission will
consider calling a Special Election to be held on Tuesday, November 4,2014, in conjunction with
the State General Election. Section 101.657(1)(d) of the Florida Statutes (the "Early Voting"
Statute), requires that each County's Supervisor of Elections commence early voting on the 1Oth day
before an election that contains State or Federal races and end on the 3'd day before the election;
providing early voting for no less than 8 hours and no more than 12 hours per day at each site
during the applicable period. ln addition, early voting may be offered at the discretion of the
Supervisor of Elections on the 15th, 14th, 13th, 12th, 11th, or 2nd day before an election that contains
State or Federal races for at least 8 hours per day, but not more than 12 hours per day.
lnasmuch as Florida's Election Code states that municipalities may provide early voting only in
municipal elections that are not held in conjunction with County or State elections, if the City
Commission approves a Special Election on November 4, 2014, the County will be responsible for
conducting the related early voting activities. Accordingly, the Miami-Dade County Supervisor of
Elections has tentatively designated the following early voting schedule for the November 4,2014
City Special Election, and has tentatively designated the Miami Beach City Hall, Third Floor
Training Room, 1755 Meridian Avenue, and the North Shore Branch Library, Program Room, 7501
Collins Avenue, as the early voting locations within the City of Miami Beach:
TO:
FROM:
CC:
DATE:
SUBJECT:
1023
DATE TIME
Mondav, October 20 7am-3pm
Tuesdav. October 21 7am-3om
Wednesdav. October 22 7am-3pm
Thursday. October 23 7am-3pm
Fridav. October 24 7am-3om
Saturdav. October 25 8am-4pm
Sundav. October 26 8am-4pm
FIRST WEEK
SECOND WEEK
DATE TIME
Mondav. October 27 11 am-7om
Tuesdav. October 28 11 am -7 pm
Wednesdav. October 29 11am-7pm
Thursdav. October 30 11am-7om
Fridav. October 31 11am-7pm
Saturdav. November 1 8am-4pm
Sunday. November 2 8am-4pm
Upon receipt from the Miami-Dade County Elections Department of the final early voting schedule
and locations for the anticipated November 4, 2014 Special Election, the Administration will report
this information to the Mayor and Commissioners via Letter to Commission (LTC), and will further
post the information on the City's website.
FINANCIAL INFORMATION
The Miami-Dade County Elections Department has provided the Administration with an estimate of
$30,110.30 for the November 4,2014 Special Election, which includes the costs of 14 early voting
days. (See Exhibit 'A' - Department of Election Estimate.) Additionally, the City will incur
approximately $32,000 in legally-mandated advertisements, required by the Florida Statutes and
the City Code, to notice this Special Election.
CONCLUSION
lf a November 4,2014 Special Election is called, the Administration recommends that the Mayor
and City Commission recognize and approve early voting for the November 4,2014 City of Miami
Beach Special Election, said early voting to be conducted in accordance with the provisions of the
attached Resolution and Section 101.657, Florida Statutes.
Attachment
JML/REG
T:\AGENDAVoI4Uuly\ELECTIONS\Early Votino Commission Memo - FINALJULY REG.dod
1024
RESOLUTION NO.
-
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
clTY oF MIAM! BEACH, FLoRIDA REcoGNlzlNG AND
APPROVING EARLY VOTING FOR THE NOVEMBER 4, 2014 CITY
OF MIAMI BEACH SPECIAL ELECTION.
WHEREAS, the City of Miami Beach has scheduled a Special Election to be held on
Tuesday, November 4, 2Oi4 in conjunction with the State General Election for the purpose of
presenting to the City's electorate ballot questions; and
WHEREAS, the City Commission hereby recognizes and approves early voting for the
November 4,2014 City of Miami Beach Special Elections; and
WHEREAS, in recognition of the 2013 statutory amendments to Florida Statute Section
101.657(1)(d) governing "Eirly Voting," the City Commission hereby acknowledge.s that,neach
County's Supervisor of Elections is required to provide for early voting to begin on the 10"' day
before an election that contains State or Federal races and end on tne 3'd day before the
election; and providing early voting for no less than 8 hours and no more than 12 hours per day
at eac6 site during Ihe applicable period; in addition,. early vollng Tay qe offered at the
discretion of the Supervisor'of Elections on the 15th, 14ih, 13th, 121h,111^, or 2"d day before an
election that contains State or Federal races for at least 8 hours per day, but not more than 12
hours per day; and
WHEREAS, Florida's Election Code states that municipalities may provide early voting
only in municipal elections that are not held in conjunction with County or State elections,
therefore the County will be responsible for conducting early voting activities related to the City's
November 4,2014 Special Election; and
WHEREAS, the Miami-Dade County Supervisor of Elections has tentatively designated
the following early voting schedule for the November 4, 2014 City Special Election, and has
tentatively oesignlteo thl Miami Beach City Hall, Third Floor Training Room, 1755 Meridian
Avenue, ind the North Shore Branch Library, Program Room, 7501 Collins Avenue, as the early
voting locations within the City of Miami Beach:
WEEK 1:
DATE TIME
Mondav. October 20 7am-3pm
Tuesdav. October 21 7am-3pm
Wednesdav. October 22 7am-3pm
Thursdav. October 23 7am-3pm
Fridav. October 24 7am-3pm
Saturdav, October 25 8am-4om
Sunday, October 26 8am-4pm
WEEK 2:
DATE TIME
Mondav. October 27 11am-7pm
Tuesdav, October 28 11 am-7om
Wednesdav. October 29 11 am -7 om
Thursdav. October 30 11 am -7 om
Fridav, October 31 11am-7pm
Saturdav. November'l 8am-4pm
Sundav. November 2 8am-4pm
1025
WHEREAS, the Miami-Dade County Elections Department has provided the
Administration with an estimate of $30,110.30 for the City's November 4,2014 Special Election,
which includes the costs of 14 early voting days (see Exhibit "A' - Department of Election
Estimate of cost); and
WHEREAS, upon receipt from the Miami-Dade County Elections Department of the final
early voting schedule'and locations for the anticipated November 4,2014 Special Election, the
Administraiion will report this information to the Mayor and Commissioners via Letter to
Commission (LTC), and willfurther post the information on the City's website.
NOW, THEREFORE, BE tT DULY RESOLVED BY THE MAYOR AND CITY
coMMtssloN oF THE CtTy OF MIAMI BEACH, FLORIDA, that the Mayor and city
Commission hereby recognize and approve early voting for the November 4,2014 City of Miami
Beach Special Eleition, Jaid early voting to be conducted in accordance with the provisions of
this Resolution.
PASSED and ADOPTED this 23'd day of Julv. 2014.
Philip Levine, Mayor
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Rafael E. Granado, City Clerk ,/#
T:\AGENDA\2014Uuly\ELECTIONS\Early Voting Resolutions FINAL JULY REG'docx
1026
ESTIMATE
Piqqvback with Gountuwide General Election November 4. 2014
Rafael E. Granado, Gity Clerk Estimate N": MB-PBGENERAL-2o14
City of Miami Beach Estimate Date: June 9,2014
1700 Gonvention Center Drive, #200
Miami Beach, FL 33139
Registered Voters: 49,926 Early Voting Days: 14
Precincts: 36 Early Voting Sites: 20
Polling Places: 23
Permanent Absentee Ballots: 6,226
Personnel $
Sararies & Fringe BenefiE, Overtime, Poll Workers
Polling Places
Security, Poiling Place Rentals
Supplies and Services -
Absertee Ballots SetUp
Trucks and Vehicles -
Truck Rentals, GSA Vehicles
Printing and Advertising 24,963.00
Absentee, Early Voting & Prccinct Ballots
Postage
Absentee Ballots Sent a/rd Business Rep/y
Ballot Creation 2,410.00
ln-House & Oulside Contnctual Seryices, Translations - Based on one question
Administrative Overhead 2,737.30
lndirect Costs, Logic & Accuracy, Post-Election Audits
*TOTAL $______30J10.30
* Pleasenotethese costsareestirnates andaresubjecttochange. Thisestimate
does include tfie cosf of ballot printing; however, if your question(s)/race(s)
creates an ad9!!@e!!9!-@ll9 the costwill be adjusted accordingly.
For more information, you may contact:
Patricia Prochnicki
Deputy SOE Finance and Administration
Miami-Dade Elections Department
2700 NW 87 Avenue
Miami, Florida 33172
Office: 305.499-8568 E-mail: bproch@miamidade.gov
EXHIBIT ''A''1027
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the Miami-Dade County Canvassing Board for the November 4, 2014
Countywide General Election to serve as the Canvassing Board for the City of Miami Beach's Special
Election to be held on November 4,2014.
N/A
Supporting Data (Surveys, Environmenta! Scan, etc.): ln 2013, there were 44,697 registered voters
for the General Election with 1 1 ,385 total ballots cast, for a voter turnout o'f 25.47%. There were 2,910
6 orovisional voters and 4,613 voters on election
Item Summarv/Recommendation :
During the July 23,2014 City Commission meeting, the members of the City Commission will consider
calling a Special Election to be held on Tuesday, November 4 ,2014, in conjunction with the State General
Election. Pursuant to Florida Statutes, an election canvassing board is charged with responsibilities
relating to the conduct of elections. The attached Resolution has thus been prepared for the purpose of
formally authorizing the Miami-Dade County Canvassing Board to serve as the Canvassing Board for the
City of Miami Beach's November 4, 2014 Special Election, if one is called, which would be held in
conjunction with the County's General Election.
Financial lnformation:
Source of
Funds:
OBPI
@
@)
Amount Account
1
2
Estimated $30,110.30 - November 4,2014 Special
Election - Cost from County. (Payable in Fiscal Year
201412015)
Approximately $32,000 in legally mandated
advertisements, required by the Florida Statutes and
the City Code.(Approximately 50% of which is payable
in Fiscal year 201312014 and 50% payable in Fiscal
Year 201412015\
011-9322-000312
011-9322-000312
Total $62,1 10.30
Glerk's Office
Rafael E. Granado, City Clerk
Si
City Glerk Assistant City Manager ffiity Manager
REG ia-c N/A JLM .t{\
I traTt arly Voting ltem Summary JULY REG.docT:\AGENDA\201
AGETIDA 're* Rl I,I(s MIAMIBEAC.H o,lr1 1-23'tL(1028
AAIAMIBTACH
OFFICE OF THE CITY CIERK
RAFAEL E. GRANADO, CITY CIER.K
TO: Mayor Philip Levine and Members Of The City Commission
Raul J. Aguila, City Attorney
FROM: Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk I
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA AUTHORIZING THE MIAMI.DADE COUNTY
CANVASSING BOARD FOR THE NOVEMBER 4, 2014 COUNTYWIDE
GENERAL ELECTION TO SERVE AS THE GANVASSING BOARD FOR THE
CITY OF MIAM! BEACH'S SPECIAL ELECTION TO BE HELD ON
NOVEMBER4,2014.
ADMINISTRATION RECOMMENDATION
A resolution authorizing the Miami-Dade County Canvassing Board for the November 4,2014
Countywide General Election to serve as the Canvassing Board for the City if Miami Beach's
Special Election to be held on November 4,2014, if such an election is called.
ANALYS!S
Durilg the July 23,2014 City Commission meeting, the members of the City Commission will
consider calling a Special Election to be held on Tuesday, November 4,2Q14, in conjunction
with the State General Election. Pursuant to Florida Statutes, an election canvassing board is
charged with responsibilities relating to the conduct of elections. The attached Resolution
has thus been prepared for the purpose of formally authorizing the Miami-Dade County
Canvassing Board to serve as the Canvassing Board for the City of Miami Beach's November
4, 2014 Special Election, if one is called, which would be held in conjunction with the
County's General Election.
F!NANCIAL IMPACT
The Miami-Dade County Elections Department has provided the Administration an estimate
of $30,110.30 for a November 4,2014 Special Election, which includes canvassing costs.
(See attached DOE Estimate.) Additionally, the City will incur approximately $32,000 in
legally mandated advertisements, required by the Florida Statutes and the City Code, to
notice this Special Election.
COMMISSION MEMORANDUM
1029
CONCLUSION
lf a November 4,2014 Special Election is called, the Administration recommends that the
Mayor and City Commission authorize the Miami-Dade County Canvassing Board to serve as
the Canvassing Board for the City of Miami Beach's November 4,2014 Special Election.
T:\AGENDAUol4Uuly\ELECTIONS\Canvassing Board FINAL JULY REG.docx
1030
RESOLUTION NO.
AREsoLUTIoNoFTHEMAYoRANDGITYcoMMISSIoNoF
THE clTY oF MtAMt BEACH, FLoRIDA AUTHoRIZING THE
MIAMI-DADE COUNTY CANVASSING BOARD FOR THE
NoVEMBER4,2oI4GoUNTYWIDEGENERALELECTIoNTo
SERVE AS THE CANVASSING BOARD FOR THE CITY OF
MIAMI BEACH'S SPECIAL ELECTION TO BE HELD ON
NOVEMBER 4,2014.
WHEREAS, on November 4, 2014, Miami-Dade County will be conducting the
Countywide General Election, at which time the City of Miami Beach has authorized the holding
of a Special Election relating to proposed City Charter amendments and/or other ballot
questions; and
WHEREAS Miami-Dade County is charged with the full responsibility of conducting the
subject Election, except for accepting tne Miami-Dade County's Certificate of .Election Results
conterning the bity oi tvtiami Beicn.s Special Election, which duty is within the Miami Beach
City Commission's purview; and
WHEREAS, the Miami-Dade County Canvassing Board for the County's November 4,
2014 Election is charged with the statutory responsibilities relating to the conduct of elections
for the subject elecition and is hereby further authorized to act consistent with said
responsibilities as the Canvassing Board for the City of Miami Beach's November 4, 2014
Special Election.
NOW, THEREFORE, BE tT DULY RESOLVED BY THE MAYOR AND CITY
coMMtsstoN oF THE C|TY OF MIAMI BEACH, that the Miami-Dade county canvassing
Board for the November 4, 2014 General Election is hereby authorized to act as the
Canvassing Board for the City of Miami Beach's November 4,2014 Special Election.
PASSED and ADOPTED this 23'd day of July, 2014.
ATTEST:
PHILIP LEVINE,
MAYOR
RAFAEL E. GRANADO,
CITY CLERK
F:\T_Dr|ve\AGENDA\2014Uuly\ELECTIONS\Canvassing Board Resolution JULY REG.doc.docIAPPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1(,+lk
1031
ESTIMATE
Piqqvback with CounWwide General Election November 4. 2014
Rafael E. Granado, City Clerk Estimate No: MB-PBGENERAL-2o14
City of Miami Beach Estimate Date: June 9' 2014
f 700 Convention Genter Drive, #200
Miami Beach, FL 33139
Registered Voters: 49,926 Early Voting Days: 14
Precincts: 36 EarlY Voting Sites: 20
Polling Places: 23
Permanent Absentee Ballots: 6,226
Personnel $
Sararies & Frtnge Benefits, Overtime, Poll Workers
Polling Places
Security, Polling Place Renlals
Supplies and Services
Absentee Ballots Set Up
Trucks and Vehicles '
Truck Rentals, GSA Vehicles
Printing and Advertising 24,963.00
Absentee, Early Voting & Precincl Ballots
Postage
Absentee Ballots Ser, arrd Eusiness Repry
Ballot Creation 2,410.00
tn-House & Outside Contractual Seruices, Translations - Based on one question
Administrative Overhea6 2,737.30
lndirect Costs, Logic & Accuncy, Post-Eiection Audits
*TOTAL S 30.110.30
* Prease note these costs are esfimafes and are subiect to change, This estimate
does include #te cost of ballot pinting; however, if your gu*tion(s)/race(s)
creates an add!@?l@!!9,1!.,p-Ell9 ttre cost will be adiusted accordingly.
For more information, you may contact:
Patricia Prochnicki
Deputy SOE Finance and Administration
Miami-Dade Elections Department
2700 NW 87 Avenue
Miami, Florida 33172
Office: 305-499-8558 E-mail: bproch@miamidade.gov
EXHIBIT "A'1032
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1033
COMMISSION ITEM SUMMARY
Condensed Title:
Adopt a resolution approving an expenditure of budgeted funds in reasonable and necessary amounts for the public
purpose of informing and educating the voters of the City of Miami Beach regarding the ballot questions on the City's
November 4,2014 S Election ballots. in order to achieve a more informed electorate vote.
Kev lntended Outcome Supported:
lncrease community satisfaction with City government
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 58o/o ol residents rated
Miami Beach City government as "good" or "excellent" in meeting their expectations.
Item Summarv/Recommendation :
During the July 23,2014 City Commission meeting, the members of the City Commission will consider calling a Special
Election to be held on Tuesday, November 4,2014, in conjunction with the State General Election. The ballot questions
being considered affect and involve the interests of the City of Miami Beach and its citizens.
The Administration believes that educating the voters on these matters, if ballot questions are approved, is in the public
interest and serves a public purpose. ln an effort to explain and educate the voters on each of these questions, the
Administration will prepare public education information through various methods, which may include video presentation
on the City's cable channel, a voter's guide, and other means. No additional funding is required to educate the public as
the Administration will use funds budgeted and appropriated in FY 13/14 for MB Magazine and MBTV. However, the
Administration is requesting authorization to spend these previously appropriated funds for this public purpose.
These expenditures will further serve the public purpose given the City's reasonable expectation that these efforts at
explaining the ballot questions and educating the voters will result in a more informed electorate vote, benefiting the
Financial lnformation :
Source of
Funds:
OBPI
Amount Account
I N/A
Total N/A
Financial lmpact Summary: See above.
Department Director Assistant City Manager Gity Managqr
REG /u4 JLM /IW
T:\AGENDA\2014Uuly\ELECTlONSVoters Education Ballot Questions - 2014 SUMMARY MEMO.doc I
AGENDA ITEiI R] VMIAMIBEACHDArE 1'L3-lY1034
MIAMI BEACH
Gty of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, CitY Manager
Rafael E. Granado, City Clerk
CC: Raul J. Aguila, CitY AttorneY
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
IT,IIAMI BEACH, FLORIDA, APPROVING AN EXPENDITURE OF BUDGETED
FUNDS IN REASONABLE AND NECESSARY AMOUNTS FOR THE PUBLIC
PURPOSE OF INFORMING AND EDUCATTNG THE VOTERS OF THE CITY OF
MIAMI BEACH REGARDTNG THE BALLOT QUESTIONS ON THE CITY'S
NOVEMBER 4, 2014 SPECIAL ELECTION, IN ORDER TO ACHIEVE A MORE
INFORMED ELECTORATE VOTE.
ADMINISTRATION RECOMMENDATION
Adopt a resolution approving an expenditure of budgeted funds in reasonable and necessary
amounts for the public purpose of informing and educating the voters of the City of Miami Beach
regarding the bailot questions on the City's November 4,2014 Special Election ballots, if such an
spLcial election is called, in order to achieve a more informed electorate vote.
KEY INTENDED OUTCOME SUPPORTED
lncrease community satisfaction with City government.
ANALYSIS
During the July 23, 2014 City Commission meeting, the members of the City Commission will
consifer calling a Special Election to be held on Tuesday, November 4,2014, in conjunction with
the State General Eiection. The ballot questions being considered affect and involve the interests
of the City of Miami Beach and its citizens.
The Administration believes that educating the voters on these matters, if ballot questions are
approved, is in the public interest and serves a public purpose. ln an etfort to explain and educate
the voters on each of these questions, the Administration will prepare public education information
through various methods, which may include video presentation on the City's cable channel, a
votert guide, and other means. No additional funding is required to educate the public as the
Adminisiration will use funds budgeted and appropriated in FY 13114 for MB Magazine and MBTV
for video production, printing, graphics, translation services, layout, mailing, advertising, and other
miscellaneous costs as needeo to disseminate the information. However, the Administration is
1035
Voter Education Ballot Questions
July 23,2014 City Commission Meeting
Page 2 of 2
requesting authorization to spend these previously appropriated funds for this public purpose.
These expenditures will further serve the public purpose given the City's reasonable expectation
that these efforts at explaining the ballot questions and educating the voters will result in a more
informed electorate vote, benefiting the public good.
CONCLUSION
lf a Special Election is called for November 4, 2014, the Administration recommends that the
Mayor and City Commission adopt the Resolution.
JLM/REG
T:\AGENDA\2014Uuly\ELECTlONSVoters Education Ballot Questions JULY REG.doc
1036
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, APPROVING AN EXPENDITURE OF
BUDGETED FUNDS IN REASONABLE AND NECESSARY AMOUNTS
FOR THE PUBLIC PURPOSE OF INFORMING AND EDUCATING THE
VOTERS OF THE CITY OF MIAMI BEACH REGARDING THE BALLOT
QUESTIONS ON THE CITY'S NOVEMBER 4, 2014 SPEGIAL ELECTION,
IN ORDER TO ACHIEVE A MORE INFORMED ELECTORATE VOTE.
WHEREAS, the voters of the City of Miami Beach will be presented with City ballot questions
on its November 4,2014 Special Election; and
WHEREAS, the subject matters of the subject City ballot questions affect and involve the
interests of the City of Miami Beach and its citizens; and
WHEREAS, the Miami Beach City Commission believes that educating the voters on these
matters is in the public interest and serves a public purpose; and
WHEREAS, in an effort to explain and educate the voters on each of these questions
through various methods, which may include video presentation on the City's cable channel, a
voter,i guide, and other means, theA-dministration is requesting approvalto spend reasonable and
nece=siry budgeted amounts for video production, printing, graphics, translation services, layout,
mailing, aovertising, and other miscellaneous costs as needed; and
WHEREAS, these expenditure will further serve the public purpose given the City's
reasonable expectation that these efforts at explaining the ballot questions_and educating the voters
thereon will result in a more informed electorate vote, benefiting the public good.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
oF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and city commission herein state the
fublic purpose of explaining to and educating the City's voters on the City ballot questions, whic!
iirirpi""i on its Novembei4, 2014 speciat Election, and thus approve the expenditure of budgeted
funds ln reasonable and necessary amounts in furtherance of the aforementioned public policy,
which is intended to benefit the public good and serve a public purpose'
PASSED and ADOPTED this 23'd day of July, 2014'
ATTEST:
PHILIP LEVINE,
MAYOR
RAFAEL E. GRANADO,
CIry CLERK APPROVED AS TO
T:\AGENDA\2014uuty\ELECrloNSVoters Education Ballot Questions - RESoLUTIoN - JULY -*f8?Btjr[t3f,3f;'w
1037
ESTIMATE
Piqqvback with Countvwide General Election November 4. 2014
Rafael E. Granado, City Clerk Estimate No: MB-eBGENERAL-20{4
City of Miami Beach Estimate Date: June 9, 2014
1700 Convention Center Drive, #200
Miami Beach, FL 33139
Registered Voters: 49,926 Early Voting Days: 14
Precincts: 36 Early Voting Sites: 20
Polling Places: 23
PermanentAbsentee Ballots: 6,226
Personnel $
Sa/aries & Fringe Benefits, Overtime, Poll Workers
Polling Places
Security, Polling Place Rentals
Supplies and Services
Absentee Barlots Sef Up
Trucks and Vehicles -
Truck Rentals, 65A Yehicres
Printing and Advertising 24,963.00
Absentee, Early Voting & Preclncl Ballots
Absentee Ballols Sent and Business Repry
Ballot Creation 2,410.00
ln-House & Outside Contractual Sevices, Translations - Based on one queslion
Administrative Overhead 2,737.30
lndirect Costs, Logic & Accuracy, Post-Election Audits
*TOTAL $ 30.110.30
" Please note these costs are estimafes and are subject to change, This estimate
does include flre cost of ballot prtnting; however, if your guestion(s)/race(s)
creafes an additional ballot paqe, the cost will be adjusted accordingly.
For more information, you may contact:
Patricia Prochnicki
Deputy SOE Finance and Administration
Miami-Dade Elections Department
2700 NW 87 Avenue
Miami, Florida 33172
Office: 305-{99-8568 E-mail: bproch@miamidade.gov
EXHIBIT "A''1038
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1039
(P MIAMTBTACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: CITY ATTORNEY RAUL J. AGUILA
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM! BEACH, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO ENACT LEGISLATION TO
CRIMINALIZE THE NONCONSENSUAL DISCLOSURE OF
SEXUALLY EXPLICIT IMAGES.
Pursuant to the request of Commissioner, Michael Grieco, the attached Resolution is
submitted for consideration by the Mayor and City Commission.
RJA/DT/da
COMMISSION MEMORANDUM
Asenda ltem B-1W
F:\ATTO\TURN\COMMMEMO\Revenge Pom Reso
Date 7-23-ll1040
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
ENACT LEGISLATION TO CRIMINALIZE THE NONCONSENSUAL
DISCLOSURE OF SEXUALLY EXPLICIT IMAGES.
WHEREAS, due to the ease with which images can be transmitted by cellphones,
websites, and other forms of electronic and social media, the growing and generally unregulated
activity of nonconsensual pornography, also known as "revenge porn," which is the
nonconsensual disclosure of sexually explicit images, has emerged locally and worldwide; and
WHEREAS, a vengeful ex-partner or malicious hacker can upload an explicit image of a
victim to a website on the internet where thousands of people can view it and other websites
can share it for profit, and that image can quickly dominate the first several pages of "hits" on
the victim's name in a search engine, as well as being emailed or otherwise exhibited to the
victim's family, employer, co-workers, and peers; and
WHEREAS, according to a survey of revenge porn victims conducted by the Cyber Civil
Rights lnitiative, lnc., 93% of victims reported significant emotional distress due to being a
victim; 82o/o said they suffered significant impairment in social, occupational, or other important
areas of functioning; and 42o/o have sought psychological services due to being a victim;
moreover, victims of revenge porn are routinely threatened with sexual assault, stalked,
harassed, fired from jobs, and forced to change schools, some victims have committed suicide,
and nonconsensual pornography can destroy victims' personal relationships as well as their
educational and employment opportunities; and
WHEREAS, nonconsensual pornography is also frequently a form of domestic violence
and the threat to expose intimate pictures is often used to prevent a partner from exiting a
relationship or from reporting other forms of abuse, and is also used by sex traffickers to trap
unwilling individuals in the sex trade; and
WHEREAS, as of May 16, 2014, only thirteen states (Alaska, Arizona, California,
Colorado, Georgia, Hawaii, ldaho, Maryland, New Jersey, Texas, Utah, Virginia, and Wisconsin)
have enacted laws criminalizing nonconsensual pornography; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach support the
criminalization of nonconsensual pornography by the State of Florida to protect the rights of
sexual privacy while safeguarding the right to freedom of expression and providing for limited
exemptions for laMul practices relating to medical treatment, law enforcement, and public and
commercial purposes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Florida Legislature is
hereby urged to enact legislation to criminalize the nonconsensual disclosure of sexually explicit
images.
PASSED and ADOPTED this
ATTEST:
day of Ju|y,2014.
RAFAEL E. GRANADO, CITY CLERK
F:\ATTO\TU RN\RESOS\Criminalize Revenge Porn.docx
8ilB,
1041
&
G AAIAMIBEACH
OFFICE OF THE CIry ATTORNEY
RAULJ. AGUILA. CITY ATTORNEY
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
CITY ATTORNEY RAUL J. AGUILA
July 23,2014
v4 o*,L
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA URGING THE
FLORIDA LEGISLATURE TO REMOVE THE STATE LAW
PREEMPTION REGARDING SMOKING REGULATIONS TO
PERMIT LOCAL GOVERNMENTS TO PROHIBIT SMOKING ON
THEIR PROPERTIES AND ON BEACHES WTTHIN THEIR
JURISDICTION.
Pursuant to the request of Commissioner Michael Grieco, the attached Resolution is
submitted for consideration by the Mayor and City Commission.
RJA/DT/da
F:\ATTO\TURN\COMMMEMO\Smoking Preemption Reso
Asenda ltem R7 X
1042
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO REMOVE THE STATE LAW
PREEMPTION REGARDING SMOKING REGULATIONS TO
PERMIT LOCAL GOVERNMENTS TO PROHIBIT SMOKING ON
THEIR PROPERTIES AND ON BEACHES WITHIN THEIR
JURISDICTION.
WHEREAS, a fundamental purpose of municipal government is to promote, protect, and
improve the health, safety, and general welfare of its residents and visitors; and
WHEREAS, in consideration and advancement of such purpose, the City of Miami
Beach provides recreational and leisure facilities and programs for children and adults
throughout the City and, in particular, in its parks and on its world renowned beaches, that help
to promote good health, wellness, and enhanced quality of life opportunities; and
WHEREAS, according to the National Cancer lnstitute, tobacco use is the leading cause
of preventable death and illness in the United States and causes an estimated 443,000 deaths
each year from lung cancer, heart disease, respiratory illness, and other diseases related to
tobacco use, including 49,000 deaths due to exposure to secondhand smoke; and
WHEREAS, the United States Environmental Protection Agency has determined
secondhand smoke to be a risk to the public health, and has classified secondhand smoke as a
group A carcinogen that puts our residents and visitors in danger of proven health risks, and
WHEREAS, tobacco use in and around recreational and leisure activities and facilities
sends a contradictory message to young people who are encouraged to participate in
recreational and leisure activities that are beneficial to their health and wellness; and
WHEREAS, improperly discarded cigarette and cigar butts contribute to litter and
pollution in our City, as well as create potential health dangers for our residents, visitors, pets,
and wildlife; and
WHEREAS, pursuant to Section 386.209 of the Florida Statutes, the regulation of both
indoor and outdoor smoking is expressly preempted to the State of Florida and local
governments cannot enact legislation to regulate or prohibit smoking on their properties, except
that a limited exception has been made for school districts which may restrict smoking by
persons on schooldistrict property; and
WHEREAS, the ability of the City of Miami Beach to prohibit smoking on its properties
will promote, protect, and improve the health, safety, and general welfare of the City's citizens
and visitors who use the City's parks, beaches, and outdoor recreational and leisure facilities
and programs.
1043
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urge the Florida Legislature to remove the state law preemption regarding
smoking regulations to permit local governments to prohibit smoking on their properties and on
beaches within their jurisdiction.
PASSED AND ADOPTED this day of
ATTEST:
2014.
PHILlP LEVINE, MAYOR
RAFAEL E. GRANADO,
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
w4-T{
F:\ATTO\TURN\RESOS\Ur9|ng Legislature to Remove Smoking Preemption
1044
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1045
&
.{l&titv A/tIAMIBEACH
OFFICE OF THE CIry ATTORNEY
RAUL ]. AGUILA, CITY ATTORNEY
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
COMMISSION MEMORANDUM
FRoM: clrY ATToRNEY RAUL J. AGUTLA? ,L){J-
DATE: July 23,2014
SUBJECT: A RESOLUTTON OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MTAMI BEACH, FLORIDA, URGING THE UNITED STATES
CONGRESS TO ENACT A COMPREHENSIVE SURFACE
TRANSPORTATION PROGRAM THAT PROVIDES LONG TERM
FUNDING FOR LOCAL TRANSPORTATION PROJECTS.
Pursuant to the request of Commissioner Deede Weithorn, the attached Resolution is
submitted for consideration by the Mayor and City Commission.
RJA/DT/da
Agenda ltem R? Y
F:\ATTO\TURN\COMMMEMO\US Congress to Support Transportation Funding (MAP-21 ) Reso
Date '?'rylY1046
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE UNITED
STATES CONGRESS TO ENACT A COMPREHENSIVE
SURFACE TRANSPORTATION PROGRAM THAT PROVIDES
LONG TERM FUNDING FOR LOCAL TRANSPORTATION
PROJECTS.
WHEREAS, transportation is fundamental to the vitality and strength of the City of Miami
Beach, its economy, and public safety; and
WHEREAS, transportation plays a key role in local economic development and federal
transportation legislation is needed to enhance local government funding for transit, road, and
bridge projects; and
WHEREAS , in 2012, the Moving Ahead for Progress in the 21't Century Act (MAP-21)
was enacted by Congress and signed into law by President Barack Obama which provided
federal transportation funds and represented a milestone for the U.S. economy as the first multi-
year transportation authorization enacted since 2005, and which funded surface transportation
programs at over $105 billion for Fiscal Years 2013 and 2014; and
WHEREAS, MAP-21 will expire on September 30, 2014, therefore the re-authorization of
MAP-21, or the enactment of other new federal transportation legislation, is needed to continue
long term funding for transportation programs to improve local bridges, roads, and transit; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach support a
comprehensive federal transportation program that will continue long term funding for
transportation programs that will improve local transportation infrastructures.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby urge the United State Congress to enact a comprehensive surface
transportation program that provides long term funding for local transportation projects.
PASSED AND ADOPTED this day of
ATTEST:
2014.
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO,
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
F:\ATTO\TURN\RESOS\Urging U.S. Congress to Enact Comprehensive Surface Transportation Program & FORRECUTIOa-=\\a).p_u"J-
N
Citv Attornev.*42
1J#+
1047
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
E A,i\IAMiBEACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
ctw ATToRNEY RAUL .r. ecurr-Q J-Q*:l-
July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
EXTENSION OF HOURS FOR CERTAIN ALCOHOLIC
BEVERAGE ESTABLISHMENTS WITH A 5:00 A.M. LIQUOR
LICENSE UNDER CERTAIN SPECIFIED CONDITIONS
PURSUANT TO SECTION 6 OF THE CITY CODE, FOR WHITE
PARTY 2014 (NOVEMBER 28, 29, 20141 AS RECOMMENDED
BY THE GAY, LESBIAN, BISEXUAL AND TRANSGENDER
(GLBT) BUSINESS ENHANCEMENT COMMTTTEE.
Pursuant to the request of Commissioner Micky Steinberg, the attached Resolution is
submitted for consideration by the Mayor and City Commission.
RJA/DT/da
Agenda ltem R1z-
F:\ATTO\TURN\COMMMEMO\Wh|Ie Party GLBT Reso
Date 7-271t/1048
g AAIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: July 1 6th,2014
SUBJECT: Agenda item for July 23'd, 2014 City Commission Meeting
Please add to the July 23'd, 2014 City Commission agenda a resolution for the extension of
hours for the upcoming White Party Event as per the recommendation of the LGBT
Enhancement Committee.
Thank you.
lf you have any questions please do not hesitate to call our office.
MIAMISHA,ffiM
Com m i ssi on er M i c ky Stei n berg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, MiamiBeach, FL 33139
Tel: 305-673-7 103 I Fax: 305-673-7096 / www.miamibeachfl .qov
We are committed to providing excellent public seNice and safety to all who live, work and play in our vibrant, tropical, historic
community.
We ore commiffed to providing excellenf public service ond sofefy to oll vvho live, work, ond ploy in our vibront, tropicol, historic communily
1049
RESOLUTTON NO. 2012-28093
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE EXTENSION OF
HOURS FOR CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS
WITH A 5:00 A.M. LIQUOR LICENSE, UNDER CERTAIN SPECIFIED
CONDITIONS PURSUANT TO SECTION 6 OF THE CITY CODE, FOR
wHtTE PARTY 2014 (NOVEMBER 28, 29, 20141AS RECOMMENDED
BY THE GAY, LESBIAN, BISEXUAL, AND TRANSGENDER (GLBT)
BUS!NESS ENHANCEMENT COMMITTEE.
WHEREAS, the City of Miami Beach is an international tourist destination known for its
many attributes including its vibrant nightlife; and
WHEREAS, the festivities during major event days and weekends in the City carry over
into the early hours of the morning; and
WHEREAS, in order to address the special circumstances for celebration which occur
on New Year's Eve, and during other major event days and weekends within the City of Miami
Beach, the Mayor and City Commission codified, in Section 6-3(7) of the City Code, an
established policy of allowing alcoholic beverage establishments with a 5:00 a.m. liquor license
to continue to sell and serve alcoholic beverages for on-premises consumption until 7:00 a.m.
during designated major event days or weekends; and
WHEREAS, the City's Major Events Plan and Special Event Guidelines designates
White Party as a "major event period" which makes this event eligible for the extension of hours
subject to the conditions established in the City Code; and
WHEREAS, the GLBT Business Enhancement Committee considered this matter at its
July 8, 2014 meeting and recommended the extension of hours for the White Parly 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the extension of hours for certain alcoholic
beverage establishments with a 5:00 A.M. liquor license, under certain specified conditions
pursuant to Section 6-3(7) of the City Code, is hereby approved for White Party 2014
(November 28, 29,2014), as recommended by the GLBT Business Enhancement Committee.
PASSED and ADOPTED this
ATTEST:
day of _,2014.
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
F:\ATTO\TURN\RESOS\Hours Extension for White Party GLBT Enhancement 2014.docx
APPROVED AS TO
FORM & LANGUAGE
, &foRr{EcuTloN
U-* l:'o-(+
1^it, Attnrnal - -/ DOteCityAttorneY Toz
1050
THIS PAGE INTENTIONALLY LEFT BLANK
1051
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, SETTING A
PUBLIC HEARING ON SEPTEMBER 10, 2014 TO ADOPT THE SEVENTH AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR (FYI2O13I14,
Kev lntended Outcome Supported:
Ensure Well Designed Quality Capital Projects - lncrease Community Satisfaction with City Services
Supporting Data: Based on the 2O12 Community Survey, storm drainage was identified as an area for
improvement, although improved from prior years; arts and culturewas one of the services identified that the
city should strive not to reduce; and traffic flow, conditions of roads, and availability of public parking, were all
identified as key drivers of overall satisfaction levels. Further, the following have been prioritized as key
intended outcomes for the City's Strategic Plan: Increase satisfaction with family recreational activities,
lmprove Convention Center facility, Enhance mobility throughout the city, lmprove parking availability,
Ensure value and timely delivery of quality capital projects, Maintain City's infrastructure, lmprove Storm
drainage system, lmprove processes through lnformation Technology. The FY 2013/14 Capital Budget and
the Capital lmprovement Plan for FY 2013114 through 20'17118 includes funding for capital projects to
address each of these
Item Summary/Recommendation :
The Capital lmprovement Plan (ClP) is a plan for projects that require significant capital investment and is
intended to serve as an official statement of public policy regarding long-range physical development in the
City of Miami Beach, establishing priorities for the upcoming five year period, FY 2013114 -2017118.
The FY 2013114 Capital Budget includes project budgets for both current and newcapital projects necessary
to improve, enhance and maintain public facilities and infrastructure to meet the service demands of
residents and visitors to the City of Miami Beach. The Capital Budget for FY 2013114 appropriates funding
for projects that will require commitment of funds during the upcoming fiscal year, including construction
contracts and architecUengineer contracts to be awarded during the upcoming year and capitalequipment
acquisitions. The Capital Budget for Fiscal Year 2013114 was approved on September 30, 2013, with the
adoption of Resolution No. 2013-28354. The First Amendment to the FY 2013114 Capital Budget was
approved on December 11,2013, by resolution 2013-28442. The Second Amendment to the FY 2013114
CapitalBudgetwasapprovedonJanuaryls,20l4,byresolution20l4-28470. TheThirdAmendmenttothe
FY 2013114 Capital Budget was approved on March 5, 2014, by resolution 2014-28524. The Fourth
Amendment to the FY 2013114 Capital Budget was approved on April 23,2014, by resolution 2014-28565.
The Fifth Amendment to the FY 2013114 Capital Budget was approved on June 11, 2014, by resolution
2014-28625. TheSixthAmendmenttotheFY20l3ll4CapitalBudgetwillbeconsideredonJuly30,20'14.
The Seventh Amendment to the FY 2013114 Capital Budget would add funding to the Normandy Shores
Park Fitness Circuit and Tatum Park Outdoor Sand Volleyball projects to cover higher than anticipated costs.
The additional funding would be realigned from projected savings in the Fisher Park lrrigation System
Restoration and Stillwater Park Sports Field Landscape and lrrigation projects.
lf any other necessary budget amendments are identified, they will also be added to the public hearing item.
The Administration requests that the Mayor and City Commission set a public hearing to be held on
ber 10. 2014. toadopt the Seventh Amendment to the for FiscalYear (FY) 2013114.
AGE*BA ITE'' RI A A
Financial Information:
Source of
Funds
@
Amount Account
John Woodruff, OBPI Director
Assistant City Manager
{B MIAMIBEACH oxre 1-?3-l?1052
g MIAMIBEACH
City of Miomi Beoch, I 700 Convenlion Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON SEPTEMBER 10,
2014 TO ADOPT THE SEVENTH AMENDMENT TO THE CAPITAL BUDGET
FOR FTSCAL YEAR (FYl2O13l14.
ADM! NTSTRATION RECOMME N DATION
Adopt the Resolution and Set the Public Hearing for September 10, 2014.
KEY INTENDED OUTCOME SUPPORTED
Ensure Well Designed Quality Capital Projects -- lncrease Community Satisfaction with
City Services
ANALYSIS
The Capital lmprovement Plan (ClP) is a plan for projects that require significant capital
investment and is intended to serve as an official statement of public policy regarding long-
range physical development in the City of Miami Beach, establishing priorities for the
upcoming five year period, FY 2013114 -2017118.
The FY 2013114 Capital Budget includes project budgets for both current and new capital
projects necessary to improve, enhance and maintain public facilities and infrastructure to
meet the service demands of residents and visitors to the Gity of Miami Beach. The Capital
Budget for FY 2013114 appropriates funding for projects that will require commitment of
funds during the upcoming fiscal year, including construction contracts and
architecUengineercontracts to be awarded during the upcoming yearand capitalequipment
acquisitions. The Capital Budget for Fiscal Year 2013/14 was approved on September 30,
2013 with the adoption of Resolution No. 2013-28354. The First Amendment to the FY
2013114 Capital Budget was approved on December 11,2013, by resolution 2013-28442.
The Second Amendment to the FY 2013114 Capital Budget was approved on January 15,
2014, by resolution2014-28470. The Third Amendment to the FY 2013114 Capital Budget
was approved on March 5,2014, by resolution2014-28524. The Fourth Amendment to the
FY 2013/14 CapitalBudgetwas approved on April 23,2014, by resolution2014-28565. The
Fifth Amendment to the FY 2013114 Capital Budget was approved on June 11,2014, by
resolution 2014-28625. The Sixth Amendment to the FY 2013114 Capital Budget will be
considered on July 30,2014.
1053
Resolution Setting a Public Hearing to Adopt the Seventh Amendment to the Capital Budget for
Fiscal Year (FY) 2013114
Page2
The Seventh Amendment to the FY 2013114 Capital Budget would add funding to the
NormandyShores Park Fitness Circuitand Tatum Park OutdoorSand Volleyballprojectsto
cover higher than anticipated costs. The additional funding would be realigned from
projected savings in the Fisher Park lnigation System Restoration and Stillwater Park Sports
Field Landscape and lrrigation projects.
!f any other necessary capital budget amendments are identified, they will also be added to
the public hearing item.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, set a public hearing to be held on September 10, 2014, to adoptthe Seventh
Amendment to the Capital Budget for Fiscal Year (FY) 2013114. The key intended outcome
supported is to ensure well-designed quality capital projects and increase community
satisfaction with City services.
JLM/JW
@
1054
RESOLUTION TO BE SUBMITTED
1055
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
1056
b:MIAMIBEACI-I
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov
OFFICE OF THE Cft CLERK, Rofoel Gronodo, City Clerk
Tel: (305) 673-7411, Fox: (305) 673-7254
COMMISSION MEMORANDUM
Moyor Philip Levine ond Members o
From: Jimmy L. Moroles, City Monoger
Dote: Jvly 23,2014
Sublect: BOARD AND COMMITTEES
ADMI NISTRATION RECOMM ENDATION :
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and
Committee appointments.
VACANCIES
BOARD OR COIiIMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC
Ad Hoc committee centennial 7 commissioner Jonah M. wolfson 1
Celebration
To:
PAGE
Page 1
Affordable Housing Advisory
Committee
City Commission
Commissioner Ed Tobin
18 5 page 2
1 Pag" 3
Budget Advisory Committee Commissioner Ed Tobin 1 Page 6
Convention Center Advisory Board Commissioner Ed Tobin 1 Page to
Weorecommitledloprovidingexcellentpublicserviceondsofetytoollwholive,workondployinourvibront,tropicoA$en,"ff[%
1057
BOARD OR COMMITTEE:
Fine Arts Board
VACANCIES
TOTAL MBRS. APPOINTED BY:
14 Commissioner Ed Tobin
TOTAL VAC PAGE
Page 15
SUNSETS 09/30114
Commissioner Jonah M. Wolfson
Commissioner Joy Malakoff
Commissioner Michael Grieco
Mayor Philip Levine
2
1
2
2
2
Gay, Lesbian, Bisexual and
Transgender (GLBT)
15 Commissioner Ed Tobin 1 Page 16
Health Advisory Committee 11 City Commission 2 Pagell
Hispanic Affairs Commiftee Commissioner Deede Weithorn 1 Page 2o
Marine and Waterfront Protection
Authority
14 Commissioner Jonah M. Wolfson 1 Pagezq
Miami Beach Commission For
Women
21 Commissioner Ed Tobin
Commissioner Michael Grieco
2 Pageza
1
Miami Beach Human Rights
Committee
10 Ci$ Commission 1 Page 3t
Transportation, Parking, Bicycle-Ped.
Fac. Comm.
14 Commissioner Ed Tobin 1 Pagell
Attached is breakdown by Commissioner or City Commission:a
JLM:RE€II(P
1058
Bosrd ond Committees Current Members
Ad Hoc Commitrce Centennial Celebration 201+28531
Composition:
The members of this Ad-Hoc @mitee shall have the duty to provide ideas and reommendations
pertaining to all matters with respect to events and activiUes related to the City of Miami Beach
Centennial on March 26,20L5, and who shall report to and reoeive direction from the City
Commission, and which shall be omprised of seven (7) members who are direct appoinunents by the
Mayor and Oty Commission with terms of membership to begin on July 31, 2013 and expiring on July
31, 2015 (subject to earlier or later sunset by the City Commission).
Resolution 201+28531 adopted on March 5,20L4 extending the committee until July 31, 2015,
City Liaison: Max Sklar
Vacancy:
To replace Trudi
Cejas
7l3Ll20l5 Commissioner Jonah M. Wolfton
Members:
Name Last Name Position/Titte Term Ends: Appointed by:TermLimit:
Carmen (Maria)
Dawn
George
Ray
Reagan
Sheila
Lopez
McCall
Neary
Breslin
Pace
Duffu-Lehrman
7t31t2015
7t31t20't5
7t31t2015
713'.12015
7t31t2015
7t31t2015
Commissioner Micky Steinberg
Commissioner Joy Malakoff
Commissioner Deede Weithom
Commissioner Michael Grieco
Mayor Philip Levine
Commissioner Ed Tobin
Applicants Position/Title Applicants Position/Title
Dennis Mouyios
Meryl Wolfson
Dr. Barry Ragone
Ttuesday, Juty 15, 2011 Page I of16
1059
Boord and Committees Current Members
Affordable Housing Advisory Committee Sec.2-167
Composition:
The ommitEe shal! onsist of eighteen (18) voting members with two-year terms.
Sryen (7) members of the Affordable Housing Advisory Committee shall be direct
appointmenE, one made by the Mayor and each commissioners. The direct appointee
shalleither be:(i) a resident of a locally designated community development target area for a
minimum of six months; or(ii) demonstrate ownership/interest for a minimum of six months in a business
established in a locally designated ommunity develoment target area for a
minimum of six months.
The remaining elwen (11) members shall be appointed at large I a majority vote of
the Mayor and City Cornmission, as bllows:
One ciUzen:
1) One ciUzen actively engaged in the residential home building industry in connection with affordable
housing;
2) One citizen acdvely engaged in the banking or mortgage banking industry in onnection with
affordable housing;
3) One citizen who is a representative of those areas of labor actively engaged in home buitding in
connection with affordable housing;
4) One ciUzen actively engaged as an advocate for low-income persons in connection with affordable
housing;
5) One ciUzen actively engaged as a for-profit provider of affordable housing;
6) one citizen actively engaged as a not-for-proftt provider of affordable housing;
7) One ciUzen actively engaged as a real estate professlonal in connectlon with affordable housing;
8) One citizen who actively seryes on the local planning agency pursuant to Florlda Statute 5163.3174
(Planning Board member);
9) One ciUzen who resides within the juridiction of the local governlng body maklng the
appointments;
10) One citizen who represents employers within the jurisdiction;
11) One citizen who represents essential servioes personnel, as defined in the loca! housing assistance
plan.
If the city, due to the presenoe of a conflict of interest by prospective appointees, or other reasonable
hcbr, is unable to appoint a citizen actively engaged in these activiUes in onnection with affordable
housing, a citizen engaged in the activity without rqptd b affordable housing may be appointed.
City Liaison: Richard Bowman
Vacancy:
To replace
Stephanie Berman
To replace Robert
Saland
(6) Not for Profit
(1) Res. Home Bldg.
tzl3Ll20L4
r2l3Ll20L4
Commission
Commission
Commission
C.ommission
City
City
City
City
To replace Adrian (9) Res. Juris Locat Gov t2l3U20LS
Adomo
To replace Karen (1 1) Rep. Essentiat Ser. 12l3U2015
Fryd
Tladoy, Juty 15,2011 Page 2 of16
1060
Board and Committees Curuent Members
To replace Jeremy (4) Low-lncome Adv
Glazer
Vacant
l2l3ll20L5 City Commission
L2l3ll20l4 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alexander
David
Frank
Jane
Juan
Karen
Laurence
Mayela
Michael
Muayad
Seth
Suzanne
Orlofsky
Smith
Kruszewski
Hayes
Rojas
Fryd
Herrup
Mueller
Bernstein
Abbas
Feuer
Hollander
12t31120',t5
12131t2014
12t3'12014
'12131t2015
12t31t2014
't2t3'U2015
12t3112015
12R112014
12t31t2015
't2131t2014
1?,31/20',t4
1213112015
City Commission
City Commission
City Commission
Mayor Philip Levine
CommissionerMickySteinberg 12131121
(3) Rep. Labo H.Bld. TL12-3
(8) Local Planning
(2) Banking/Mortgage
(10) Rep. Empl. With/jurisdic
(5) For Profit
(7) Real Estate Professional
Commissioner Jonah M. Wolfson '12131/2'l
City Commission 't2131t16
CommissionerJoyMalakoff 12131121
12t31t14
12131121
1213',U21
12131D'.l
Commissioner Deede Weithorn'12131121
City Commission 't2131t17
CommissionerMichaelGrieco 1213'1121
City Commission '12t31t21
Applicants Position/Title Applicants Position/Title
Andrew Fischer
Dr. Barry Ragone
Eric Lawrence
Guy Simani
Jason Biondi
Josephine Pampanas
Marie Towers
Stephen Zack
Britta Hanson
Emily Eisenhauer
Gotlinsky Barbara
Howard Weiss
Joseph Landesman
Juan Rodriguez
Ryan Homan
Tuesday, July 15,2011 Page 3 of16
1061
Board ond Committees Curuent Members
Art in Public Places
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) members to be appointed by a majority of the entire City Commission, and who shall
possess a high degree of ompetene in evaluation of art history and architectural history art,
architecture, sculpture, painUng, artistic structure design and other appropriate aft media for display
or integration in public places.
City Liaison : Dennis Lelnaa
Members:
Neme Last Name Position/Title Term Ends: Appointed by:Term Limit:
Sec.82-501
Cathy
Chana
Janda
Lisette
Megan
Ombretta
Susan
Byrd
Sheldon
Wetherington
Olemberg-
Goldstein
Riley
Agro Andruff
Caraballo
(TL 12t31t2o',t4)
12R1t2o',t4
't2131120't5
12R112014
12t3112015
12t31t2014
12t3',U2015
1?,31D014
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
1431n9
12t31t'.!9
12131t'16
12131t14
12t31t16
12t31t',t9
12t3'U18
Applicants Position/Title Applicants Position/Title
Adrian Gonzalez
Alexander Orlofsky
Ammette Mason
Carolyn Baumel
Cindy Brown
Dale Stine
Elizabeth Schwartz
Francis Trullenque
Laura Levey
Lori Nieder
Michael McManus
Mirta Limonta
Paolo Ambu
Sharon Dodge
Susan Schemer
Veronica Camacho
Adrienne Krieger
Allee Newhoff
Annette Fromm
Christina LaBuzetta
Claire Warren
David Lombardi
Francinelee Hand
Laura Bruney
Leslie Tobin
Marjorie O'Neill-Buttler
Michelle Ricci
Nicole Doswell
Scott Robins
Stephen Zack
Vanessa Menkes
Tbesdoy,July 15,2011 Page I of16
1062
Board and Committees Curuent Members
Board ofAdjustue,!il RSA I-2 Sec 11&
.t t't
Composition:
Two (2) year term.
Appointed by a 5/7th voE.
Seven (7) toting members omposed of two members appointed as citizens at-large and frve
members shall be appointed from each of the following categories (no more than one per category),
namely: Law, Architecture, Engineering, Real Estate Dorelopment, Certified Public Accountant,
Financia! ConsultaUon, and General Business. The members representing the profesions of law,
architecture, engineering and public accounting shall be duly liensed by the State of Florida; the
member represenUng general business shall be of responsible standing in the ommunity; the
member representing the field of financial onsultation shall be a C.ertified Public Acountant,
Chartered Financial Anallct, Certiffed Financial Planner, a Charteled Financial Consultant or
investrnent advisor registered with the SecuriUes and Exchange Commission, or som@ne reognized
as having similar oedenUals and duly licensed by the State of Florida.
Members shall be appointed br a term of two years by a five-seventh vote of the city ommission.
Members of the Board of Adjustrnent must be either residents of or have their principal plaoe of
business in Mlami Beadt; provided, however, that this amendment shall not affect the term of o<lstirg
members of the Board of Adjusffnent.
City Liaison: Michae! Belush
Members:
Neme Last Name Position/Title Term Ends: Appointed by:Term Limit:
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
Fox
Baron
Preira
Barton
Bryan
Heidi
Larry
Noah
Goldberg
Rosenfeld
Tandy
Colin
Financial Advisor
CPA
At-Large
Gen. Business
Real Estate Developer
At-Large
Law
12t3112015
12t3112015
1?/31D0',t5
'12131t2015
12R1t2014
1213112014
12t31t2014
't2131119
'12t31t15
12t31t',t9
12131119
12t31t18
12131t19
12131t16
Richard
Richard
Applicants Position/Title Applicants Position/Title
Aaron Davis
Andres Asion
Bradley Colmer
David Wieder
Frank Del Vecchio
Gary Twist
James Silvers
Jessica Conn
Kathleen Phang
Mark Alhadefr
Nelson Fox
Robefta Gould
Seth Frohlich
Alexander Annunziato
Andrew Fischer
Brian Ehrlich
Deborah Castillo
Gabriel Paez
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
Muayad Abbas
Richard Alhadeff
Scott Needelman
Viclor Ballestas
Tbaday, Jaly 15,2011 Page 5 of16
1063
Boord and Committees Caruent Members
Budget Advisory Committee Sec.2-{4
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one
(1) appointment.
Two (2) at-large appointments:
one (1) certified public accountant and
one (1) for a financial advisor.
Please see the "Agenda - Agenda Archives" for the continuously updated Releases of City Commission
At-Large Nominations listing current information about which applicants have actually been
nominated. The Agenda - Agenda Archives website is located at
http ://m ia m ibeachfl . gov/citycler(scroll.aspx?id=7 2497
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the
webpage, click on the "Agenda - Agenda Archives" link; thereafter choose the first listed Commission
meeting, and click on City Commission At-Large Nominations.
City Liaison: John Woodruff
Vacancy:
To replace Stephen
Hertz
1213L12014 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Brian
Christopher
David
Dushan
Jack
John
Marc
Ronald
Harris
Pace
Lancz
Koller
Benveniste
Gardiner
Gidney
Starkman
12t3'U2014
12t31t2015
12t3112014
12t31t2015
12t31t20't5
12t31t2015
12t31t2014
't2t31t20't4
City Commission
Mayor Philip Levine
Financial Adv.
c. P. A. (TL12t31t2014)
Commissioner DeedeWeithorn 12131118
Commissioner Jonah M. Wolfson 12131115
CommissionerJoyMalakoff 12131115
CommissionerMichaelGrieco 121311'16
City Commission 12t31t14
CommissionerMickySteinberg 12131121
121311'19
12t31t21
Applicants Position/Title Applicants Position/Title
Bryan Rosenfeld
Dwight Kraai
Guy Simani
John Bowes
Lisa Ware
Michael Levine
Noah Fox
Robert Schwartz
Carl Linder
Elliott Alhadeff
Jason Witrock
Julio Magrisso
Mario Coryell
Mirta Limonta
Regina Suarez
Tuesday, July 15,2011 Page 6 of16
1064
Boord ond Committees Current Members
Committee for Quality Education in MB Sec.2-190.134
Composition:
The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members
to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher
Association:
Nofth Beach Elementary,
Biscayne Elementary,
Feinberg-Fisher K-8 Center
South Pointe Elementary,
Nautilus Middle School,
Miami Beach High School,
Ruth K. Broad K-8 Center
Treasure Island Elementary School,
and seven (7) members of the public with knowledge or expeftise with regard to education issues
who shall be direct appointments by the mayor and city commissioner with no more than three who
can be employed or contracted by Miami-Dade County public schools.
The City Commission shall designate two (2) of its members to serue as City Commission liaisons who
shall repoft to the City Commission actions of the Committee for Quality Education; the City Manager
shall fufther designate a member of city staff to serve as a liaison who shall repoft the Committee's
actions to the City Manager.
City Liaison: Dr. Leslie Rosenfeld
Vacancy:
Vacant
Members:
City Comm. Designee
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Betsy
Beverly
Judith
Karen
Keren
Michelle
Tiffany
Mateu
Heller
Berson-Levinson
Rivo
Bajaroff
Thomas
Heckler
12t31t2014
12t31t2015
12131t2014
12t3'U2015
12t3',U2014
12t31t2014
't2t31t2015
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131116
CommissionerJoyMalakoff 12131121
CommissionerDeedeWeithorn 12131115
Commissioner Ed Tobin 12131115
CommissionerMichaelGrieco 12131121
Commissioner Jonah M. Wolfson 12131118
Dr. Leslie Rosenfeld ACM/City Manager designee
Elisa Leone Rep. of the PTA for Biscayne Elementary 061301L4
Ivette Birba Rep. of the PTAfor Feinberg Fisher K-8 6130114
Jessica Burns Rep. ofthe PTA South Pointe Elementary 06l30lls
John Aleman Rep. of PTA Nofth Beach Elem. School 06l30lls
Rebeka Cohen Rep. ofthe PTA for Nautilus Middle School-6/30/14
Rosa Neely Rep. of PTA for Treasure Island Elem. 06/301L4
Shelley N Groff Rep. of the PTA for MB Sr. High Schoot 06/30/2015
Tamar Oppenheimer Rep, PTA for Ruth K. Broad K-8 6130114
Vacant City Commission designee
Tuesday, July 15,2011 Page 7 of 16 (Continued....
1065
Dagrd and Committees Current Members
Applicants Position/Title Applicants Position/Title
David Crystal
Elaine Litvak
Jessica Burns
Kristen Rosen Gonzalez
Laurie Kaye Davis
Tashaunda Washington
Dr. Elsa Orlandini
Elaine Stone
Joanna-Rose Kravitz
Laura Cullen
Marjorie York
Tuesday, July 15,2011 Page E of16
1066
Board and Committees Curuent Members
Committee on the Homeless Sec.2-16i
Composition:
The committee shall consist of nine (9) members,
three (3) to be appointed by the Mayor and
each Commissioner to appoint one (1).
Each member of the committee shall be selected from membership in an organization such as, but
not limited to the following:
Service Providers:
Douglas Gardens Community Mental Health,
Salvation Army,
Better Way,
MiamFDade County Homeless Trust;
Civic Representation: Nofth Beach (North Beach Development Corp), 41st Street (Middle Beach
Paftnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or
Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel
Association), South Pointe (South Pointe Advisory Board to the Redevelopment Agency); member of
the general public with personal experience with homeless issues CDBG Project Coordinator (ESG
Emergency Shelter Grant Provider), city officials, representative from the Police Department and the
City Attorney's ffice as o<-officio members.
City Liaison: Maria Ruiz
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Dale
Daniel
Debra
Gail
Jonathan
Lior
Mirta
Rabbi Solomon
Rachael
Gratz
Nagler
Schwartz
Harris
Kroner
Leser
Limonta
Schiff
Zuckerman
(TL12t31t2014)12t31t2014
12t31t2015
12t3t2015
12t3112014
12t3'12015
12t31t20't4
12t31t2015
12131t2014
12t3',U2015
CommissionerJoyMalakoff '12131114
Mayor Philip Levine 12131t21
Mayor Philip Levine 12131121
Commissioner Ed Tobin 12131116
CommissionerMichaelGrieco 12131117
Commissioner Jonah M. Wolfson 12131121
Mayor Philip Levine 1213'1121
CommissionerMickySteinberg 12131121
Commissioner DeedeWeithorn 12131117
Applicants Position/Title Applicants Position/Title
Deborah Robins
Helen Swartz
Kimberly Diehl
Magui Benitez
Mark Wylie
Mitchell Korus
Muayad Abbas
Rocio Sullivan
Zeiven Beitchman
Eda Valero-Figueira
lrina Pindelea
Leah Rey
Marina Aviles
Melissa Mokha
Monica Casanova
Rabbi Daniel Sherbill
Rosalie Pincus
Tuesdoy, July 15, 2011 Page 9 of46
1067
Boord and Committees Curuent Members
Convention Center Advisory Board Sec.246
Composition:
The board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her
designee shall serve as a non voting ex-officio member.
The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his
designee shallserue as a non voting ex-officio member.
Administrative representatives from the management group,
Greater Miami Convention and Visitors Bureau, and
the city manager's office shall serue as non-voting ex-officio members.
City Liaison: Max Sklar
Vacancy:
To Replace Joshua
Wallack
L2l3tl20L4 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Elizabeth Resnick
Jacqueline Hertz
Jared Galbut
Michael Goldberg
Roger Abramson
Tony Rodriguez
Bob Balsam ex-off. Global Spectrum Adm Rep.
Ita Moriarty ex-officio, GMCVB Adm Rep
Joshua Levy ex-officio, Chair M. Dir. MBCC
Vacant ex-officio member of the City Manager's Office
1213112015 Commissioner Jonah M. Wolfson 12131120
1213112015 CommissionerMicky Steinberg 2'll3'1121
1213112015 CommissionerDeedeWeithorn 12131121
1213112014 CommissionerMichaelGrieco 12131121
1213112014 CommissionerJoyMalakoff 12131116
1213112015 Mayor Philip Levine 12131121
Applicants Position/Title Applicants Position/Title
Carl Linder
Gayle Durham
Howard Weiss
Karen Brown
Mark Wohl
Michael Bernstein
Mihaly Lenart
Nawaz Gilani
Victor Ballestas
David Lombardi
Gotlinsky Barbara
James Weingarten
Lee Zimmerman
Mark Wylie
Michael Rotbart
Natalie Koller
Steve Berke
Tuesday, tuly 15, 2011 Page l0 of16
1068
Board and Committees Current Members
Design Review Board
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members. The seven (7) regular members shallconsist of:
1) two ardritects registercd in the United States;
2) an atdtitect regisEred in the state of Florida or a member of the faculty of the school of
architecture, urban planning, or urban design in the state, with practical or academic o<pertise in the
field of despn, planning, historic preservaUon or the history of architecture, or a professional
practicing in the fields of architectural design, or urban planning;
3) one landscape architect registercd in the state of Florida;
4) one arditect registered in the United States, or a profesional practicing in the fields of architectural
or urban design, or urban planning, or a resident with demonsfrated interest or background in design
issues; or an attomey in good standing licensed to practice law within the United States; and
5) two citizens at large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access
Committee shall serue in an advisory capacrty with no voting authority. The Planning Direcbr, or
designee and the City Attomey or designee shall serve in an advlsory €pactty.
Residency and place of business in the ounty. The two (2) dUzen-at{arge members and one of the
rcgistered landscape architects, registered archiEcts, professlonal designer or professlonal urban
planners shall be residents of the city.
City Liaison: Deborah Tackett
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Sec. ll8.7l
Annabel
Carol
Edgar
Elizabeth
John
Kathleen
Vincent
Gary Held
Thomas Mooney
Vacant
Delgado-
Harrington
Housen
Sarli
Camargo
Turchin
Phang
Filigenzi
12t31t2015
12t31t20't4
12131t2014
12131t2015
12131t2015
12t3112014
12R1t2015
City CommissionRegistered Architect
At-large
Faculty Position
Registered Architect
At-Large
Attorney
Landscape Architect
a&isory/City Attomey Designee
advisory/Acting Planning Director
ex-offi cio/Disability Access Committee
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t',t9
12t31116
1?,31n9
12t31t19
1?,31n9
12t31t19
'12t31t19
Applicants Position/Title Applicants Position/Title
Alexander Annunziato
Andres Asion
Brian Ehrlich
Clotilde Luce
Deborah Castillo
Francinelee Hand
Adam Kravitz
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Daniel Hertzberg
Elsa Urquiza
Francis Steffens
Ttuadoy, July 15,2011 Page 1I of 16 (Continued....
1069
Board ond Committees Curuent Members
Gary Twist
Jeffrey Cohen
Jennifer Lampert
Joseph Furst
Keith Menin
Matthew Krieger
Ryan Homan
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Morales
Jean-Francois Lejeune
Jeffrey Feldman
Jessica Conn
Jurgen Brendel
Marina Novaes
Nelson Fox
Sarah Johnston
Seth Wasserman
Suzanne Hollander
Victor Ballestas
Tbaday,luly 15,2011 Page 12 of16
1070
Bosrd and Committees Cunent Members
Disabilitr Access Committee 2006€5q, s 2-31
Composition:
The Committee shall be omposed of:
A board quorum of eight (8) members and requiring at least eight (8) votes for board action.
Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners.
1) persons having mobility impairments;
2) deaf and/or hard-of-hearing persons in the community; btind and/or vision impaired persons in the
ommunity;
3) mental, cogniUve or darelopmental disabiliti,es;
,t) the irdustries of tourism aM onvenUon, retail, hospitality (restaurant or hotel), and health care
(or rehabilitaUon).
5) One non-voting o<-officio member who is either a member of the disabled community or has
speclal knowledge of Americans with Disabiities Act (ADA) issues.
As per ordinane 2OlL-3731, in addition to other power and duties, the chairperson of the ommittee
may designate a committee member to attend meetings of other city agencies, boards, or committees
for the purpose of providing and obtaining input regarding aaessibilty relaEd issues and reporting to
the disability a@ess ommittee on matters set forth in subsection (b) so that the disablllty acss
ommittee rnay provide recommendaUons to the city departments specified in subsectlon (b) or to the
city ommission.
Ordinane 20L2-3757 amended Sec. 2-31(D) to increase the number of members from seven(7) to
fuurteen (14) and amended the quorum requirement.
Crty Liaison: Valeria Mejia
Vecancy:
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
David
David
Dr. Elsa
Dr. Susan
Helen
Lawrence
Lee
Leif
Matthew
Oliver
Russell
Sabrina
Susana
Wendy
New
McCauley
Orlandini
Solman
Swartz
Fuller
Weiss
Bertrand
Meyer
Stern
Hartstein
Cohen
Maroder-Rivera
Unger
Ex-officio member
1213112014
't2t31t2014
12R1t2015
12t31t2015
'12t3112015
1213',U20'.t5
12131120'.t4
1?,31D015
12t31t2015
12R112014
12131t2015
12t3112014
't213112014
12t31t2014
'12131t19
12t31t17
Commissioner DeedeWeithorn 121311'15
Commissioner Joy Malakoff 1A31f2O
CommissionerMichaelGrieco'12131121
CommissionerDeedeWeithorn 12131119
CommissionerJoyMalakoff 12131118
CommissionerMickySteinberg 12131121
Commissioner Jonah M. Wolfson 12131119
Commissioner Jonah M. Wolfson '1213'1121
Commissioner Ed Tobin 1A31DO
GommissionerMichaelGrieco 12R1D1
Mayor Philip Levine
Commissioner Ed Tobin
CommissionerMickySteinberg 1A31Dl
Mayor Philip Levine 1431n6
Applicants Position/Title
Tu6dsl, Jub 15, 2011
Position/Title Apolicants
Page 13 of 16 (Continued....
1071
Board and Committees Current Members
Barry Meltr
Elaine Stone
Zachary Cohen
Britta Hanson
Rafael Trcvino
htaday,luly 15,2011 Pqc 11of 16
1072
Board and Committees Current Members
Fine Arts Board Reso 2000-24216
Composition:
Fourteen (14) members with the Mayor and City Commissioners appointing two (2) members each.
The Miami Beach Fine Afts Board promotes the work of contemporary visual and cultural artists,
enhances the appreciation for the afts in the community at large, and provides economic stimulation
to underserued neighborhoods.
As per resolution 20L4-28496, this committee will sunset on 9130120L4.
City Liaison: Gary Farmer
Vacancy:
To replace Melissa
Broad
To replace Britta
Hanson
To eplace Bruce
Carter
To replac€ Ellen
Brazer
To replace Michael
McManus
To replace Canie
Wiesenfeld
To replace Carmen
(Maria) Lopez
To replace Michelle
Ricci
To replace
Nathaniel Korn
9130120L4 Commissioner Ed Tobin
913012014 Commissioner Michael Grieco
9130/2014 CommissionerJoyMalakoff
9130120t4 Commissioner Michael Grieco
9130120L4 Mayor Philip Levine
913012014 Mayor Philip Levine
913012014 Commissioner Joy Malakoff
9130120L4 Commissioner Ed Tobin
9130120t4 Commissioner Jonah M. Wolfson
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Britta
Carrie
Lizette
Mario
Tamra
Hanson
Wiesenfeld
Lopez
Coryell
Sheffman
9130t2014
9t30t2014
9t30t20't4
9t30t20't4
9t30t20'14
CommissionerMicky Steinberg 12131119
CommissionerMickySteinberg 12131119
CommissionerDeedeWeithorn 12131120
Commissioner Jonah M. Wolfson 12131121
CommissionerDeedeWeithorn 12131115
Applicants Position/Title Applicants Position/Title
Bradley Ugent
David Lombardi
Dina Dissen
Elizabeth Resnick
Gail Williams
Jenna Ward
Karen Brown
Nelida Barrios
Paolo Ambu
Seth Feuer
Dale Stine
David McCauley
Dorian Nicholson
Francis Trullenque
Janda Wetherington
Judith Berson-Levinson
Laura Bruney
Nicole Doswell
Patti Hernandez
Tiffany Lapciuc
Tuesday, July 15, 2011 Page l5 of16
1073
Board and Committees Curuent Members
Gay, Lesbian, Bisenral and Transgender (GLBT)Ord. 2009-3635
Composition:
The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly
appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner.
Notwithstanding the preceding sentence, the initial membership of the C-ommittee shall be comprised
of those current members of the Mayo/s Gay Business Development Committee, choosing to serye on
the Committee, with any additional members (as required to complete the total number of members
of the Committee) to be appointed at large by a majority vote of the City Commission.
City Liaison: Vania Pedraja
Vacancy:
To replace Willis
"Chip" Arndt Jr.
L2/3U20LS Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Chad
Cindy
Dale
David
Edison
Elizabeth
Jorge
Laura
Marivi
Mark
Michael
Nelida
Ronald
Thomas
Richter
Brown
Stine
Leeds
Farrow
Schwartz
Richa
Veitia
lglesias
Wylie
Bath
Barrios
Wolff
Barker
12t3112014
12t31t2015
12t31t2014
't2t31t2014
12t31t2015
12t31t2014
12t31t2015
12t31t2014
12131t2015
12t31t2015
12131t2014
'12131t2014
12131t2015
12131t2015
Commissioner Ed Tobin 12131116
Commissioner Jonah M. Wolfson 12131119
Commissioner Jonah M. Wolfson 12131117
Mayor Philip Levine 12131121
CommissionerMicky Steinberg 12131116
CommissionerJoyMalakoff 12131121
Mayor Philip Levine 12131117
CommissionerMichaelGrieco 1213'1116
Commissioner DeedeWeithorn 12131118
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131117
CommissionerDeedeWeithorn 12131116
CommissionerMichaelGrieco 12131121
CommissionerJoyMalakoff 12131116
Applicants Position/Title Applicants Position/Title
Barry Meltz
Dorian Nicholson
James Weingarten
Otiss (Arah) Lester
Rafael Trevino
Richard Murry
Stephen Fox, Jr.
Walker Burttschell
Brad Fleet
Eric Hirsch
Karen Brown
Paolo Ambu
Rebecca Boyce
Stephan Ginez
Steven Adkins
Tuesday, July 15, 2011 Page 16 of16
1074
Board and Committees Current Members
Health Advisory Committee Sec.2-81 2002-tiEt
Composition:
Eleven (11) voUng members. AppoinEd by the City @mmission at-large, upon recommendations of
the City Manager:
One (1) member shall be the chief o(eqrtive officer (CEO's) or a designated administrator from Mount
Slnai Medlcal Genter,
One (f) member shall be the Chief ExecuUve fficer (CEO) from Miami Beach Community Health
Center or his/her designee administrabr;
Two (2) members shall be an administrator from an Adult Congregate Living Facility (ACIF), and/or
an Assisted Living Facllity (Atf);
One (1) member shall be a representative frrom the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall be physicians;
Two (2) rnembers shall be @nsumers onsisting of:
1) one (1) individualftom the orporate leveland;
2) one (1) private individua!.
One member shall be a physician or an individual with medical training or o<perience.
There shal! be one (1) non-voUng o<-offido representaUve from each of the following: The Miami
Dade County Health Department, the Health @uncilof South Florida, and the Fire Rescue
Departrnent. The dircctor of the ffie of the Chitdren's Affairs shall be added as a non-voting o(-
officio member of the board.
City Uaison: Sonia Bridges
Vacancy:
Vacant CEO/MB Comm. Heatth lZl3U2}Ls
To replace Anthony ACLF t2l3Lla0t4
Japour
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
City Commission
City Commission
Dr. Andrew
Dr. Daniel
Dr. David
Dr. Jeremy
Dr. Stacey
Dr. Todd
Rachel
Steven
Tobi
Julie Zaharatos
Maria Ruiz
Nullman
Nixon
Farcy
Green
Kruger
Narson
Schuster
Sonenreich
Ash
't2t31120't4
12131t2015
1i,31D015
12R1t2014
'12R1t2014
'12R1t2015
1213'.t2014
1i,31D014
12t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
Physician (TL 1 2131 l2O1 4)
Corporate lndividual
Private lndividual
Physician
Physician
Health Providet
ACLF
CEO/MI. Sinai/MH (NTL)
Nursing Profession
Rep. from the Health Council of South Fla
ex-officio, Director of Children's Affairs
12t31t14
12131t19
12t31t19
1?,31n9
12t31t16
12t31116
12131t16
't2t31115
T\afuy, Juty 15,2011
Position/Title Applicants
Page I7 of 16 (Continued....
Applicants Position/Title
1075
Board ond Committees Current Members
Christine Butler
Jared Plitt
Leah Rey
Zachary Cohen
lvan Rusilko
Kara White
Lisa Ware
Ta6day, JW 15,2011 Page IE of16
1076
Board and Committees Cunent Members
Health Facilities Authority Board sec.2-rrr
Composition:
Four (4) year terms.
Five (5) members shall consist of;
two (2) health providers,
one (1) individual in the field of general business who possesses good standing in the mmmunity;
one (1) aaountant and;
one (1) attorney.
The chairperson of the Health Advisory Board shall serue as a non-voting advisor to the Authority.
Members shall be residents of the City.
Florida Statute L54.207 No term Limits.
City Uaison: PaUicia Walker
Appointments To Be Made:
Marc Umlas Health Provider 611912014 city commission FS-154-2(
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limir:
Arthur Unger Accountant 6119120'16 City Commission FS'IS4-207Mark Sinnreich Health Provider 6119120'15 City Commission FS 154-207Robert Hertzberg Attomey 611912017 city commission FS 154-207Sidney Goldin General Business 611912018 City Commission FS ,154-207
vacant Chairperson, Health Advisory Board
Applicants Position/Title Applicants Position/Title
David Berger
Dr. Elsa Orlandini
Rosalie Pincus
Zachary Cohen
Dr. David Farcy
Rachel Schuster
Shaheen Wirk
Tacsday, July 15, 2011 Page 19 of16
1077
Boord and Committees Current Members
Hispanic Aftirs Committee Sec.2-100.21
Composition:
The ommitEe shall onsist of seven (7) members, with the Mayor and each Commissioner making
one (1) appointment.
City Liaison: Nannette Rodriguez
Vacancy:
To replace Patti
Hernandez
l2l3tl20t5 Commissioner Deede Weithom
Members:
Name Last Name Position/Titte Term Ends: Appointed by: Term Limit:
Ana Cecilia
Antonio
David
Eneida
Francis
Veronica
Velasco
Puninos
Cardenas
Mena
Trullenque
Camacho
12R1t2014
12R1t2014
'12R1t2014
1?J3112014
1i,31t2015
1i/3112015
CommissionerMichaelGrieco'l2B1n1
Commissioner Jonah M. Wolfton 12131116
CommissionerMicky Steinberg'12131121
Mayor Philip Levine
Commissioner Ed Tobin
12t31t2',1
1431115
CommissionerJoyMalakoff 1213112'l
Applicants Position/Title Applicants Position/Title
lsrael Sands
Leonor Femandez
Rafael Trevino
Josephine Pampanas
Maria Zayas-Bazan
Regina Suarez
Tucsday, July 15,2011 Pagc 20 of16
1078
Loord ond Committees Current Members
Historic Preseryation Board Sec. ll8-l0l
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) members. Therc shall be a member from each of the following categories:
1) A representative from the Miami Design PresenraUon League (MDPL) selected from three names
nominated bV the League.
2) A representative from Dade Heritage Trust (DI-fl-) selected from three names nominated by the
Trust.
3) Two at-large members who have resided in one of the City's historic districts for at least one year,
and have demonstrated intercst and knowledge in architectural or urban design and the preseruation
of historic buildings.
4) An arcfiitect registered in the staE of Florida with practical o<perience in the rehabilitation of
historic structures;
5) An architect registered in the United States, a landscape architect registered in the state of
Florida, a professional practicing in the field of architectural or urban design or urban ptanning, each
9f the foregoing with practical o<periene in the rehabilitation of historic structures; or an attomey at
law liensed b pnctie in the Unibd States, or an engineer liensed in the state of Florida, each of
the foregoing wiBt prcfessional o<perience and demonstrated interest in hisbric preservation.
6) A member of the faculty of a school of architecture in the state of Florida, with academic o<peftise
in the field of design and historic preseruation or the history of ardtitecture, wlth a preference ior an
individual with practica! o<perience in architecture and the preseruation of historic structures.
All members of the board o<cept the architect, ergineer, landscape archltect, professional practicing
in the field of architectural or urban design or urban planning and universrty faculty member of the-
board shall be residents of the city, providedl however, that the CIty Commlssion may walve this
requirement by a 5/7ths vote in the event a person not meeting these residency requlrements is
available to serye on the board and is e><ceptlonally qualified by training and/or o<perience in historic
preservaUon matters.
City Liaison: Debbie Tackett
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
David
Dominique
Herb
Jane
John
Josephine
wyn
Manning
Bradley
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
Wieder
Bailleul
Sosa
Gross
Stuart
Attomey
At-large
MDPL
Dade Heritage
Registered Architect
Auarge
Faculty Member
12t3112015
1431n014
12t3',U2014
12R1t2014
1?,31t2015
12131t2014
1431/2015
12131t15
12131t16
1431n5
12t31t16
12131t19
12t31t14
12t3',119
Applicants Position/Title Applicants Position/Title
Adam Kravitz
Bradley Colmer
Dona Zemo
Elizabeth Pines
Jean-Francois Lejeune
Kathleen Phang
Albert Mertz
Deborah Castillo
Elizabeth Camargo
Francis Steffens
Jennifer Lampert
Marilys Nepomechie
Ttuadq, tuty 15,2011 Pagc 2l of16 (Continued....
1079
Board and Committees Current Members
Marina Novaes
Raymond Adrian
Sam Rabin Jr.
Mark Alhadeff
Richard Alhadeff
T!,aday, tuly 15, 2011 Page 22 of16
1080
Board and Committees Current Members
Housing Authority
Composition:
Four year appointrnent.
FIve (5) members, appointed by the Mayor.
Appointments must be confirmed by the City Commission.
At least one (1) member shall be a resident who is current in rent in a housing project or a person of
low or very lor inome who resides within the housing authori!y's jurisdiction and is receiving rent
subsidy through a program administered by the authority or public housing agency that has
jurisdiction for the same locality served by the housing authority, which member shall be appointed at
the time a va@ncy o<ists.
City Liaison: Maria Ruiz
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Roso 7031 421.05
EQ
Dr. Barry
Eugenio
Leonor
Peter
Raymond
Ragone
Cabreja
Fernandez
Chavelier
Adrian
HA Commissioner
HA Commissioner
HA Commissioner
HA Commissioner
HA Commissioner
10111t2017
10t11t20'16
101't'U20'17
1011'U2i',t5
10t11t2014
Mayor Philip Levine
Bower Levine
Mayor Philip Levine
Bower Levine
Bower Levine
1011112'l
10t11t'18
1011'U21
10111119
10t'11t18
Applicants Position/Title Applicants Position/Title
Gotlinsky Barbara
Stanley Shapiro
Prakash Kumar
Tuesday, July 15, 2011 Page 23 of16
1081
Board and Committees Current Members
Marine and Waterfront Protection Authority Sec. 2-190.46
Composition:
The Marine and Waterfront Protection Authority shall consist of fourteen (14) voting members, who
shall be direct appointments with the Mayor and City Commissioners each having two (2) direct
appointments.
Appointments to the authority shall consist of a combination of individuals who have had previous
experience in the 1) operation or inspection of marine facilities, including experience in various types
of marine vessels and boating activities, and/or 2) who have an interest in preseruation of the ciiy's
beaches and waterfronts. The members of the authority shall have the right and duty to consult with
any member of the city administration for technical or other information pertaining to the matters
before them.
AS PER ORDINANCE 2OT4-384L, NEW COMPOSMON EFFECIVE O5I3TI2OT4Z
City Liaison: Manny Villar
Vacancy:
Vacant
Members:
L2|3U20L4 Commissioner Jonah M. Wolfson
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Addison Sammet
Albert Parron
Barbara Herskowitz
Christopher Todd
Daniel Kipnis
Dr. Ronald Shane
Maurice Goodbeer
Monica Casanova
Morris Sunshine
Robert Schwartz
Sasha Boulanger
Stephen Bernstein
William Cahill
(TL 12t31t14)
Michael George ex-officio MB Marine Patrol
1213012015 CommissionerDeedeWeithorn 12t31121
1213012015 Mayor Philip Levine 't2t31t21
1213112015 CommissionerMickySteinberg 12131t21
12131120'15 CommissionerMichaelGrieco 12131114
1213112015 Commissioner Jonah M. Wolfson 12131t16
1213112015 CommissionerJoyMalakoff 12t31t21
1213112014 CommissionerMickySteinberg't2t3'llig
1213112014 Mayor Philip Levine 12131t21
1213112014 CommissionerMichaelGrieco 12131t21
1213112014 CommissionerJoyMalakoff 12131t2'l
1213112015 Commissioner Ed Tobin 12131t18
1213112014 CommissionerDeedeWeithorn l2l31l1B
1213112014 Commissioner Ed Tobin 12t31t21
Applicants Position/Title Applicants Position/Title
Eric Lawrence
Mayela Mueller
Julio Magrisso
Michael Levine
Tuesday, July 15, 2011 Page 21 of16
1082
Board snd Committees Current Members
Mayods Blue Ribbon Panel for Washington Avenue Sec.2-23(b)
Composition:
The Mayo/s Blue Ribbon Panel on Washington Avenue (Panel) is created pursuant to the Mayo/s
authority b establish blue ribbon panels under section 2-23(b) of the City @de. The Panel shall have
the purpose of overseeing the City's iniUaUves aM efforts to revitalize Washington Avenue from 5th
Street to Linoln Road.
The Panel shall inititally consist of (4) members, all of whom shall be appointed by the Malor to serve
for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: vacant
Members:
Neme Last Name Position/Title Term Ends: Appointed by: Term Limit:
Adriana Savino
Eric Lawrence
Lyle Stern
Saul Gross
719120'15 Mayor Philip Levine
7l9l2l'15 Mayor Philip Levine
71912015 Mayor Philip Levine
7l9l2i'15 Mayor Philip Levine
Tbaday, July 15,2011 Page 25 of16
1083
Bourd and Committees Curuent Members
Mayor's Blue Ribbon Panel on Flooding and Sea Rise sec' 2-23 (b)
Composition:
The Mayor's Blue Ribbon Panel on Flooding Mitigation (Panel) is created pursuant to the Mayor's
authority to establish blue ribbon panels under Section 2-23 (b) of the City Code. The Panel shall have
the purpose of overseeing the City's response to flooding, including storm water and the effects of
sea level rise, and assisting with the implementation of a comprehensive flood management plan for
the City of Miami Beach.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to
serue for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: Vacant
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Dr. Michael Phang
Dwight Kraai
Scott Robins
0110612015 Mayor Philip Levine
0110612015 Mayor Philip Levine
0110612015 Mayor Philip Levine
Wednesday, July 16, 2014 Page 26 of46
1084
Board ond Committees Current Members
Mayot's Blue Ribbon Panel on North Beach Revital. sec.2-23 (b)
Composition:
The Mayo/s Blue Ribbon Panel on North Beach RerrritalizaUon (Panel) is created pursuant to the
Mayo/s authority to establish blue ribbon panels under Section 2-23(b) of the City @de. The Panel
shall have the purpose of overseeing the City's Nofth Beach RwitalizaUon consistent with the North
Beach Master Plan.
The Panel shall iniHally onsist of three (3) members, all of whom shall be appointed by the Mayor to
serve for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: Jeff Oris
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Daniel Veitia
Margueritte Ramos
Ricky Arriola
313120'15 Mayor Philip Levine
31312015 Mayor Philip Levine
31312015 Mayor Philip Levine
Ttuqdsy, Jub 15,2011 Page 27 of16
1085
Board and Committees Current Members
Mami Beach Commission For Women
Composition:
Twenty-one (21) members.
Each of the seven (7) members of the commission shall appoint three (3) members.
City Liaison: Leonor Hernandez
Vacancy:
2007-3570 S 2190-
I
To replace Michelle
Ricci
To replace
Gertrude Arfa
To replace Maribel
Quiala
l2l3Ll20l5 Commissioner Ed Tobin
l2l3ll20t4 Commissioner Ed Tobin
L2/3L12014 Commissioner Michael Grieco
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Adrienne
Debra
Dona
Dr. Corey
Francinelee
Jessica
Karen
Laura
Laurie Kaye
Leslie
Lindsay
Mercedes
Nikki
Regina
Regina
Roberta
Tiffany
Vanessa
Krieger
Quade
Zemo
Narson
Hand
Conn
Edelstein
Colin
Davis
Coller
Genet
Carlson
Weisburd
Suarez
Berman
Gould
Lapciuc
Menkes
12131t2014
12t3112015
12131t2014
12131t2015
12131t20'15
12t31t2014
12t3'U2014
12t31t2014
12t3'U2014
12t31t20't5
12t31t2014
12t31t2015
12t31t20't4
12t31t2015
12131t2014
12t31t2015
12131t2015
12t31t2015
CommissionerJoyMalakoff '12131121
CommissionerMickySteinberg 12131119
Mayor Philip Levine 12131t21
CommissionerMickySteinberg'12131121
CommissionerJoyMalakoff 12131116
Commissioner Jonah M. Wolfson 12131119
CommissionerMickySteinberg 12131115
CommissionerJoyMalakoff 12131121
Commissioner Jonah M. Wolfson 12131121
CommissionerDeedeWeithorn 12131115
CommissionerMichaelGrieco 1013'1121
CommissionerMichaelGrieco 12131118
Commissioner Ed Tobin 12131t15
Commissioner Jonah M. Wolfson 12131117
Mayor Philip Levine 12t31t17
Commissioner DeedeWeithorn 12131115
Mayor Philip Levine 12t31t17
CommissionerDeedeWeithorn 1213112O
Applicants Position/Title Applicants Position/Title
Allee Newhoff
Barbara Kaufrnan
Britta Hanson
Eda Valero-Figueira
Eneida Mena
Jenifer Caplan
Joanna Popper
Joyce Garret
Maria Zayas-Bazan
Marina Aviles
Merle Weiss
Monica Casanova
iuexloy, July ti, zotl
Annette Cannon
Barbara Morris
Dale Gratz
Elizabeth Resnick
Helen Swartz
Jennifer Diaz
Josephine Pampanas
Laura Levey
Marie Towers
Marjorie O'Neill-Buttler
Meryl Wolfson
Monica Matteo-Salinas
Page 28 of 16 (Continued....
1086
Board ond Committees Current Members
Pan Rogers
Rocio Sullivan
Sharon Dodge
Tashaunda Washington
Rebecca Boyce
Samantha Brafter
Tamra Shefftnan
Tbadty, Jug 15, 2011 Page 29 of16
1087
Doord and Committees Current Members
Miami Beach Cultural Arts Council Sec. 2-51
Composition:
Three (3) year term.
Vacancies submitted by slate of candidates provided by the council.
Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 3L, 2001, concurrent with the expiration of the terms of six (6) members of the
council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year
terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year
term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year
terms each. Additionally, effective December 31, 2@4 no council member may serve more than six
(6) consecutive years.
City Liaison: Gary Farmer
Members:
Name Last Name Position/Title Term Ends: Appointed by:TermLimit:
Alan
Beatrice
Charles
Daniel
Eda
Gregory
lleana
Marjorie
Richard
Susan
Zoila
Randolph
Hornstein
Million
Novela
Valero-Figueira
Melvin
Bravo-Gordon
O'Neill-Buttler
Alhadeff
Schemer
Datorre
(TL 12t31t2014)
(TL 12t31t2l',t4)
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t31t2014
12131t2014
12t3'U2015
12t31t2015
12t31t2016
12t31t2016
'12131t2014
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t19
12131t15
12t31t',t7
12131t15
12t31t14
12t31t15
't2t3'U19
12131t15
12t31t19
12t31t19
't2t31t14
Applicants Position/Title Applicants Position/Title
Allee Newhoff
Annette Fromm
Calvin Kohli
Dr. Daniel Nixon
Elliott Alhadeff
Gail Williams
Janda Wetherington
Joanna Popper
Lateresa Jones
Michael McManus
Monica Minagorri
Nicole Doswell
Patti Hernandez
Sam Rabin Jr.
Wesley Castellanos
Ammette Mason
Bradley Ugent
Christina LaBuzetta
Elizabeth Pines
Eugenio Cabreja
lsrael Sands
Jenna Ward
Kara White
Mark Balzli
Monica Harvey
Nathaniel Korn
Otiss (Arah) Lester
Pedro Menocal
Vanessa Menkes
Tuesdqt, July 15, 2011 Page 30 o116
1088
Board ond Committees Current Members
Miami Beach Human Rights Committee 2010-3669
Composition:
The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with
one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the
remaining members to be at-large appointments of the City Commission.
The members of the committee shall reflect as nearly as possible, the diversity of individuats
protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2)
months prior to making appointments or re-appointments to the committee, the City Manager shall
solicit nominations from as many public service groups and other sources, which he/she deems
appropriate, as possible.
At least one (1) of the committee members shall possess, in addition to the general qualifications set
forth herein for members, a license to practice law in the State of Florida; be an active member of
and in good standing with the Florida Bar, and have experience in civil rights law. The attorney
member shall also serve as chair of the committee.
City Liaison: Marcia Monserrat
Vacancy:
To replace Andrea
Lisa Travaglia
L2l3U20l5 City Commission
Membens:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alan
Amy
Bernardo
Bradley
Monica
Rachel
Rafael
Walker
Fishman
Rabin
Collado
Ugent
Harvey
Umlas
Trevino
Burttschell
12t3'I2015
'12131t2014
12t31t2014
12t31t2015
12t31t2014
12t31t2014
12t31t2014
12t31t201s
City Commission
City Commission
Mayor Philip Levine
City Commission
City Commission
City Commission
City Commission
City Commission
12131t16
12t31119
12t31t21
12t31t18
12t31t18
12t3'U18
12t31t16
't2t31t16
Applicants Position/Title Applicants Position/Title
Brad Fleet
Deborah Robins
Michael Levine
Christine Butler
Dr. Andrew Nullman
Stephen Fox, Jr.
Tuesdoy, Ju$ 15,2011 Page 31 of16
1089
Doard snd Committees Current Members
Miami Beach Sister Cities Program Sec. 2-l8l
Composition:
The Coordinating Council is the goveming body of the overall Sister Cities Program. The council shall
consist of;
one (1) representatives per Sister City affiliation and ,
nine (9) other members. All of these members are appointed by the mayor. The members of the
coordinaUng council shall be persons who are interested in furthering the purpose of the program.
Any person interested in furthering the purpose of the program may become a member of an
individual sister city committee upon approval by the coordinating council. To qualify, the person
shall present a resume and a letter of interest to the committee chairperson.
These members are appointed by the Mayor of the city of Miami Beach for two (2)
years. City Liaison: Desiree Kane
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Carolyn
Deborah
Faye
George
Guy
Harvey
Howard
Jacquelynn
Jessica
Joyce
Kristen
Lidia
Lisa
Magui
Maria
Michelle
Monica
Nuccio
Omar
Samantha
Baumel
Robins
Goldin
Neary
Simani
Burstein
Weiss
Powers
Londono
Garret
Rosen Gonzalez
Resnick
Desmond
Benitez
Maltagliati
Ricci
Fluke
Nobel
Caiola
Bratter
Brampton, Canada
Almonte, Spain
Basel, Switzerland
other
Rio de Janeiro, Brazil
Fujisawa, Japan
other
Nahariya, lsrael
other
lca, Peru
other
Santa Marta, Colombia
other
other
Forlaleza, Brazil
Pescara, ltaly
other
Cozumel, Mexico
other
other
12t31t2015
12t3112015
12t3'12015
12t3'U2014
12t31t2014
12t31t2015
12t31t2014
12t31t2014
12t31t2015
12t31t2014
12t31t2014
12t3',U2014
12t31t2015
't2t31t2015
12131t2014
12t31t2015
12t31t20't5
12131t2015
12t3112014
12131t2014
Mayor Phllip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
12t31t21
12t31t21
1213112',1
't2t31t16
12131121
12131t21
12t31t21
'12t31121
12t31t21
12131t21
12t31t2',1
12t31t21
12131t21
12131t21
12t31t21
12t31t21
12t31t2'l
't2t31t16
12t3',U21
12t31t21
Applicants Position/Title Applicants Position/Title
Ada Llerandi
Charles Million
Christopher Todd
Darin Feldman
Elizabeth Camargo
lsrael Sands
Joseph Hagen
Laura Bruney
Marcella Paz Cohen
fuesaoy, tub 15, 2011
Bernardo Collado
Christopher Pace
Claudia Moncaz
Dr. Andrew Nullman
Gabriel Paez
Jared Plitt
Lateresa Jones
Laura Levey
Michael Rotbart
Page 32 of 16 (Continued..
1090
Board ond Committees Curuent Members
Raymond Adrian
Rocio Sullivan
Tiffany Heckler
Rebecca Boyce
Tamra Sheffman
Wesley Castellanos
Tbesdoy, tuly 15,2011 Page 33 of16
1091
Boord ond Committees Current Members
Normandy Shores Local Gov. Neighborhood Impv.Sec 34-175
Composition:
The Advisory @uncil shall be appointed by the Board of Directors (City Commission) and composed of
three members of the Executive Committee of the Normandy Shores Homeowner Association. On
behalf of the Board of Directors, the City Oerk shall solicit from the Executive Committee the etigibity
list of lts members for appointment onsideration. The Advisory Councit shatt be composed of the
three members of the Executive Committee of the Normandy Shores Homeowners Associauon as per
Resolution No.97-22449 adopted July 2, t991.
CIty Liaison: John Woodruff
Membens:
Name Lest Name Position/Title Term Ends: Appointed by:Term Limit:
Bowes
Wojak
Loring
John
Mark
Ronald (TL12t31t2014)
12t31t2014
1213112014
12131t2014
City Commission
City Commission
City Commission
12t31t'.t8
12t31t18
1431n4
Applicants Position/Title Applicants Position/Title
Andrew Fuller
Lori Nieder
Monica Minagorri
David Alschuler
Marie Towers
Tegan Eve
Tbadoy, July 15,2011 Page 31 of16
1092
Board and Committees Current Members
Parks and Recreational Facilities Board Sec.2-l7l
Composition:
The Parks and RecreaUona! FaciliUes Board shall be comprised of thirteen (13) voting members:
Seven (7) direct appointments made by the Mayor and eadr ommissioner.
Sk (6) at-large appointments as follows:
Youth Center: Two (2) members having an affiliation with the city's youth centers, with one
member affiliated with the Scott Rakow Youth Center, and one member with the North Shore Park
Youth Center.
Gotf: Two (2) members who have denronshated a high degree of interest, participation and/or
o<pertise in the sport of golf.
Tennis: Two (2) members who have demonstrated a high degree of interest, participauon and/or
o<pertise in the sport of tennis.
Membets of the board shal! demonstrate interest in the ciVs parks and recreational facilities and
programs through their orn pafticipation or the participaUon of a member of their immediate family.
@nsideration should also be given to individuals who have special knowledge or background related
to the field of parks and rc-creation.
City Uaison: John Rebar
Members:
Name Lest Name Position/Title Term Ends: Appointed by:TermLimit:
Chris
Dana
David
Eliane
Harriet
Jenifer
Jonathan
Lee
Leslie
Lori
Paul
Ronald
Stephanie
Growald
Turken
Berger
Soffer
Halpryn
Caplan
Groff
Zimmerman
Graff
Nieder
Stein
Krongold
Rosen
12t31t2014
12t3112015
12t31t2015
12t31t2015
1431/2014
12t31t2015
1,,31t2014
12R1t2l',t5
12131t2o',t4
12t31t2015
12R112014
1?,31D014
'1213112014
Scott Rakow Youth Ct.
Tennis
Golf
Golf
No. Shore Park Youth Ct.
City Commission '12131f21
City Commission 12131119
City Commission 12131119
CommissionerMichaelGrieco 1A31D1
Commissioner Jonah M. Wolfson 12131115
City Commission '12R1119
CommissionerDeedeWeithorn 12131117
CommissionerJoyMalakoff 12131f21
Commissioner Ed Tobin 12131115
CommissionerMickySteinberg 12131nl
Mayor Philip Levine 1A31n1
City Commission 'l2l31l1g
City Commission 12131119
Applicants Position/Title Applicants Position/Title
Annette Cannon
Bruce Reich
Christina Nicodemou
Daniel Nagler
Eneida Mena
Beverly Heller
Chris Growald
Christopher Todd
Dolores Hirsh
lrina Pindelea
Ta6doy, July 15,2011 Page jS of 16 (Cortinued....
1093
Board and Committees Current Members
Joseph Conway
Lindsay Genet
Mojdeh Khaghan
Nawaz Gilani
Sam Rabin Jr.
Tiffany Heckler
Joseph Hagen
Mark Balzli
Moni Cohen
Peter Vallis
Stefan Zachar Jr.
Wesley Castellanos
Tba@y, Jaly 15,2011 Page 36 of16
1094
Board and Committees Current Members
perSOnnel BOard sec.2-1e0.66
Composition:
Ten (10) members appointed by a 5/7 vote.
Six (6) of which shall be citizens of Miami Beach not in the employment of the city, each having a
different vocation;
and thrce (3) regular employees of the City of Miami Beach, to b€ etected by the probationary and
regular employees of the city and who shall be elected from the employees of regular status in the
repective groups:
Group I shall onsist of the employees of the Police Department, Fire Departnent
and Beadr Patro! Department
Group tr shall consist of employee who are in clerical and executive positions,
Group trI shall onsist of all other employees,
The Personnel Dircctor is a non-voUng member.
City Liaison: Sylvia Crespo-Tabak
Memberc:
Nsme Last Name Position/Title Term Ends: Appointed by: Term Limit:
Gabriel Paez 12R112014 City Commission ,l2lg,ll1i
lvette lsabel Bonello 1213112015 City Commission 12lg1l1gLori Gold 12t3112014 City Commission 12t31118Mafthew Krieger eBlDOlS City Commission 12l3,ll1gMojdeh Khaghan pB1t2O14 City Commission 1?.31ln6Rosalie Pincus 12t311201s city commission 12tg1/ls
Christopher Diaz eleclred 07/2012011 exp. 7l3ll20t4- Group I
Evette Phillips elected 0209i2012 exp. 7l3Ll20t5 Group III
George Castell elected 0710U20t3 ery.7l3Ll20L6 Group II
Sylvia Crespo-Tabak Human Resources Director
Applicants Position/Title Applicants Position/Title
Christine Butler
Harold Foster
Nancy Wolcott
Dr. Elsa Orlandini
Michael Perlmutter
Richard Preira
Tbaday, July 15,2011 Page 37 of16
1095
Boord ond Committees Current Memhers
Ptanning Board Sec. ll8-51
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) regular voUng members. The voting members shall have considerable o<perience in
genenl business, land dwelopment land dweloprnent practies or land use issuesl however, the
board shall at a minimum be omprised of:
1) one arditect registered in the state of Florida; or a member of the faculty of a schoot of
architecture in the state, with practical or academic o<pertise in the field of design, planning, historic
prcservaUon or the history of architecture; or a landscape architect registered in the state of fbrUa;
or a professional practicing in the fields of ardritectural or urban design, or urban ptanning;
2) one developer who has o<periene in derreloping real properry; or an attomey in good standing
liensed to practie law within the United States.
3) one atorney licensed to practice law in the staE of Ftorida who has conslderable o<periene in
land use and zoning issues;
4) one person who has educaUon and/or o<periene in historic preseruaUon issues. For purposes of
this section, the term "edu@Uon and/or o<perience in historic preseruation issues" shal! be i perrcn
who meets one or more of the frollowing criteria:
A) Has eamed a college degree in historic preservaUon;
B) Is rcsponsible for the preservafion, revibalizaUon or adaptive reuse of historic bulldings; or
C) Is reognized by the ctty ommlssion for ontributions to historic preservation, education or
planning; and
5) thrce persons who are citizens at large or engaged in genera! business in the city
No person o<cept a resident of the city, who has resided in the city for at least one year shall be
eligible for appointment to the planning board. The City Commission may waive thd residency
requirernents by a 5/7ths vote in the event a person not meeting these requirements is available to
sen€ on Bte board and is o<cepuonally qualified by training and/or experience.
City Liaison: Michael Belush
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Brian
Frank
Jack
Jean-Francois
Jeffrey
Jonathan
Randolph
Elias
Kruszewski
Johnson
Lejeune
Feldman
Beloff
Gumenick
General Business
General Business
Historic Preservation
Architect
Developer
Attorney
General Business
1431/20',t5
12t3112014
1213112014
't2t31t2014
12R1t2015
12t3112015
12t3112015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t19
12131118
12t31t18
12131t17
12t31t19
121311',t5
12131t19
Applicants Position/Title Applicants Position/Title
Aaron Davis
Albert MerE
Alexander Annunziato
Brian Ehrlich
Daniel Hertzberg
David Wieder
Dominique Bailleul
Adam KraviE
Alex Espenkotter
Andres Asion
Christine Florez
Daniel Veitia
Deborah Castillo
Francis Steffens
Tbaday, July 15,2011 Page j8 of 16 (Continued....
1096
Board snd Committees Current Members
Gary Twist
James Silvers
Jeffrey Cohen
Jessica Conn
Kathleen Phang
Marina Novaes
Muayad Abbas
Noah Fox
Robert Sena
Sarah Johnston
Seth Frohlich
Jack Benveniste
Jared Galbut
Jennifer Lampert
Joshua Wallack
Madeleine Romanello
Mark Alhadeff
Nelson Fox
Richard Alhadeff
Ryan Homan
Scott Needelman
Suzanne Hollander
Tbesday, tuty 15,2011 Page 39 of16
1097
Board ond Committees Current Members
Police Citizens Relations Committee Sec.2-190.36
Composition:
The committee shall consist of foufteen (14) voting members. The members shall be direct
appointrnents with the Mayor and City Commissioners, each making two (2) individual appointments.
As per Sec. 2-190.40, the voting members of the committee shall have knowledge of and interest in
Police Community Relations and their impact on the City of Miami Beach. Recommendation for
appointment to all voting and nonvoting membership selected by the Mayor and Commission shall be
encouraged to be obtained from the Spanish-American League Against Descrimination (S.A.L.A.D.);
the League of United Latin American Citizens (L.U.L.A.C.); the Anti-Defamation League (A.D.L.); the
Dade Action Pact; the National AssociaUon for the Advancement of Colored People (N.A.A.C.P.); the
League of Women Voters and the other organizations deemed appropriate.
City Liaison: Chief Daniel J. Oates
Memberc:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alejandro
Antonio
Bruce
Daniel
Jared
Jordan
Melissa
Meryl
Michael
Nelson
Robert
Steven
Tiva
Walter
Dominguez
Hernandez Jr.
Reich
Aronson
Ptitt
Nadel
Broad
Wolfson
Perlmutter
Gonzalez
Lopez
Oppenheimer
Leser
Lucero
12131t2015
12131t2014
12t31t2015
12t31t2014
12131t2015
12t31t20't4
12t31t20't4
12t31t2014
12t3'U2014
12t31t2015
12t3',U2015
12t31t2014
12t31t2015
12t31t2015
Mayor Philip Levine 12131121
CommissionerJoyMalakoff 12131121
CommissionerMickySteinberg 12131121
CommissionerMickySteinberg 12131121
CommissionerDeedeWeithorn 121311'15
CommissionerMichaelGrieco 12131121
Commissioner Ed Tobin 12131121
CommissionerJoyMalakoff 12131121
CommissionerMichaelGrieco 12131120
Commissioner Ed Tobin 12131115
Mayor Philip Levine 12131121
Commissioner Jonah M. Wolfson 12131117
Commissioner Jonah M. Wolfson 12131121
Commissioner DeedeWeithorn 12131119
Applicants Position/Title Applicants Position/Title
Alex Espenkotter
Christina LaBuzetta
David Crystal
Eric Lawrence
lrene Valines
lrina Pindelea
Joyce Ganet
Larry Colin
Lee Zimmerman
Lori Gold
Melissa Mokha
Monica Fluke
Prakash Kumar
Richard Preira
Tuesdqt, July 15, 2011
Brad Fleet
Daniel Nagler
Deborah Ruggiero
Eugenio Cabreja
lrene Valines
Joseph Hagen
Kimberly Diehl
Laura Cullen
Leif Bertrand
Mario Coryell
Michael Bernstein
Nawaz Gilani
Rachel Schuster
Stephen Fox, Jr.
Page 10 of 16 (Continued...
1098
Board and Committees Current Members
Tegan Eve Zeiven Beitchman
T\adoy, tug 15,2011 Page 11 of16
1099
Board and Committees Current Members
Production Industry Council Sec.2-71
Composition:
The council shall onsist of seven (7) voting members, the Mayor and each @mmissioner shall make
one direct appoinUnent.
All regular members shall have knowledge of the fashion, film, news media, production, television and
or recording industries of the city.
Eadt of the six (6) industries shall be represented by at least one member, but no more than three
(3) members, who are dirccfly involved wlth that industry.
City Liaison: Graham Winick
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Aleksandar
Belkys
Bruce
Daniel
Joanna
Joanna-Rose
Noreen
Stojanovic
Nerey
Orosz
Davidson
Popper
Kravitz
Legault-Mendoza
Production
Production
Fashion
Fashion
News Media
Recording lndustry
W/Film
1431t2014
12t3112015
12131t2014
't213'U2014
12t31t2014
12t31t2015
12t3112015
Mayor Philip Levine 1213112'l
Commissioner DeedeWeithorn'12131118
Commissioner Ed Tobin '12131115
CommissionerMichaelGrieco 12131D1
CommissionerJoyMalakoff 12131121
CommissionerMicky Steinberg'12131121
Commissioner Jonah M. Wolfson 12131117
Applicants Position/Title Applicants Position/Title
Christina Nicodemou
Lisa Ware
lrene Valines
Samantha Brafter
n 6day, July 15,2011 Page 12 of16
1100
Boord ond Committees Current Members
Sustainability Committee 2008-3618
Composition:
The Committee shall consist of seven (7) voting members, one each to be directly appointed by the
Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non-
voting member and shall serye as the chairperson of the C.ommittee.
The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to
provide and promote general environmental improvement trends, or "Green Initiatives,i' and
"Sustainable Development", which is herein defined as a pattern of resource use that aims to meet
community needs while preseruing the environment so that these needs can be met, not only in the
present, but in the indefinite future.
The Committee shall make advisory recommedations to the City Commission and the City
Manager to promote Cltywide Green Initiatives and to promote and provide plans for Sustainable
Development in the City of Miami Beach.
City Liaison: Elizabeth Wheaton
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Cheryl
Commissioner
David
Debra
Lily
Michael
Steve
Susan
Jacobs
Grieco
Doebler
Leibowitz
Furst
DeFilippi
Vincenti
Hart
12t31t2014
12t31t2015
12t31t2015
12131t2015
12t31t2l',t5
12t3112014
12t3112014
12t31120't5
CommissionerJoyMalakoff 12131121
Mayor Philip Levine
CommissionerMickySteinberg 12131120
Commissioner Deede Weithorn 12131115
Commissioner Jonah M. Wolfson 12131115
Commissioner Ed Tobin 12131121
CommissionerMichaelGrieco 12131121
Mayor Philip Levine '12131121
Applicants Position/Title Applicants Position/Title
Amy Rabin
Daniel Manichello
Elizabeth Pines
Jason Biondi
Kimberly Eve
Mihaly Lenart
Walker Burttschell
Andrea Lisa Travaglia
Elaine Stone
Gisele Colbert
Jenifer Caplan
Marivi lglesias
Russell Hartstein
Tuesday, July 15,2011 Page 13 of16
1101
Board ond Committees Current Members
Transportation, Parking, Birycle-Ped. Fac. Comm.Sec.2-190.91
Composition:
Commlttee shal! onsist of fourteen (14) voUng members.
The Mayor and Oty Commissioners shalleadr make one (1) direct appointment, with the other seven
(7) members of the committee to be composed of members from the following ommunity
organizations, each of whidr must designate a permanent cmdinating representative:
l) Miami Beach Chamber of Commerce's TransportaUon and Parking Committee,
2) Miami Beach @mmunity Danelopment Corporation,
3) Ocean Drive AssociaUon,
4) Miami Design Preseruation league,
5) Nortfr Beadt Dwelopment Corporation,
6) Mld-Bead Neighborhood or Business AssociaUon,
7) Linoln Rd Marketing,Inc.,
On an annual basis, the members of the ommittee shall elect a chairman and such other officers as
may be deerned neess.try or desirabh, who shall serye at the will of the commlttee. Serren (7)
members of the ommittee shall oonsist of a quorum of the committee and shall be necessary in
order to take any action.
The members of the voUng ommittee shal! have knowledge of and interest ln transportatlon and
parking and their impact on the city. The members designated by their respecfive community
organizaUon shall provide a letter from such organizaUon certitylng that deslgnation to the city clerk.
AS pER ORDTNANCE 2014-3841, NEW COMPOSIION EFFECTT\E O5l3U20t4:
City Uaison: Saul Frances
Vecancy:
To replace Maria
Mayer
L2l3Ll20L5 Commissioner Ed Tobin
Member Lincoln Road M
Members:
Name Last Name Position/Title Term Ends: Appointed by:TermLimit:
Deborah
Eric
Heclor
Ray
Scott
Seth
Ruggiero
Ostroff
Fontela
Breslin
Diffenderfer
Wasserman
12R1t2014
1213112014
1431/2014
1U31t2015
12t31t2015
12131t2015
CommissionerMickySteinberg 12131D1
CommissionerDeedeWeithorn 12131118
Mayor Philip Levine 12131D1
Commissioner Joy Malakoff 12131D1
Commissioner Jonah M. WolEon '12131115
CommissionerMichaelGrieco 12131116
Al Feola
Delvin Fruit
Jo Asmundsson
Madeleine Romanello
Mark Weithom
William "Bill" Hahne
Member Ocean Drive Association
Member MBNA
Member MBCDC
Member MBCC
Member NBDC
Member MDPL
Tuadq6 Juty 15, 2011 Page 11 of 16 (Continued...
1102
Board ond Committees Current Members
Applicants Position/Title Applicants position/Tifle
Lindsay Genet
Mayela Mueller
Marina Aviles
Robert Lopez
Tu6day, July 15, 2011 Page 15 of16
1103
Board and Committees Current Members
Visitor and Convention Authority Sec. 102-2'tG
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) member who shal! be permanent residents of MiamFDade County.
The seven (7) members of the authority shal! be reprcsentative of the community as follows:
1) Not less than two (2) nor more than three (3) members shalt be representative of the hotel
industry;
2) and the rernaining members none of whom shalt be representative of the hotel indufi, shall
represent the ommunity at-large. Any member of the authority or employee therefore violating or
failing to omply with provisions of this afticle shal! be deem to have vacated his office or position.
City Uaison: Grisette Roque.
Members:
Name Last Name Position/Title Term Ends: Appointed by:TermLimit:
Aaron
Adrian
Daniel
Margaret
(Peggy)
Stephen
Steven
Tim
Perry
Gonzalez
Hertzberg
Benua
't213'v2014
12t3',U2015
12R1t2015
12R1t2014
'1213'U2015
12t31120't4
1A31DO'.t5
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
't2t31t16
12t31119
12t31t19
12t31t't7
12t31t19
12t31t'.t4
't2131t19
Hertz
Adkins
Nardi
At-Large
At- Large
At-Large
Hotel lndustry
At-Large
At-large (TL'l 2131 I 201 4')
Hotel lndustry
Applicants Position/Title Applicants Position/Title
Albert Mertz
Barry Meltz
Charles Million
Dona Zemo
James Lloyd
Jeffrey Graff
Joshua Wallack
Laure Mckay
Matthew Krieger
Seth Feuer
Wendy Kallergis
Ammette Mason
Calvin Kohli
Christy Farhat
Harold Foster
Jared Galbut
Jennifer Diaz
Kristen Rosen Gonzalez
Laurence Herrup
Natalie Koller
Stanley Shapiro
Tbadoy, tuly 15,2011 Page 16 of16
1104
Gity Gommission Gommittees
Gommittss Position tirst llame lppointsd [y
Finance & Gitywide Projects Committee
Chairperson
Vice-Chair
Member
Alternate
Liaison
Commissioner Deede Weithorn
Commissioner Ed Tobin
Commissioner Micky Steinberg
Commissioner Michael Grieco
Patricia Walker, CFO
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Flooding Miti gation Committee
Chairperson
Vice-Chair
Member
Alternate
Liaison
Chairperson
Vice-Chair
Member
Land Use & Development Committee
Chairperson
Vice-Chair
Member
Alternate
Liaison
Commissioner Johah Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Ed Tobin
Bruce Mowry
Commissioner Joy Malakoff
Commissioner Jonah Wolfson
Commissioner Michael Grieco
Commissioner Deede Weithorn
Richard Lorber, Acting Planning Dir
Commissioner Ed Tobin
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Neighborhood/Community Affairs Committee
Tuesday, July 15,2014 Page 1 of 2
1105
Gurunfttm P$ltm fhtt]lnm fmdnffiW
Altemate Commissioner Joy Malakoff Mayor Levine
Liaison Barbara Hawayek, City Manager
Tuesday, July 15, 2014 Page2 ot 2
1106
MIAMIBEACH
NON.CITY GOMMISSION COMMITTEES
Mayor Philip Levine
o Miami-Dade Metropolitan Planning Organization
Comm issioner Deede Weithorn. Miami-Dade County Homeless Trust Board
Gommissioner Joy Malakoff. Wolfsonian Advisory Board
Ricky Arriola
. The Adrienne Arsht Center for the Performing Arts Center Trust
Victor Diaz. Miami-Dade County Charter Review Task Force
Mitchell Kaplan. The Adrienne Arsht Center for the Performing Arts Center Trust
Richard Milstein. The Adrienne Arsht Center for the Performing Arts Center Trust
Christine A. Gudaitis and Barbara Herskowits. Public Library Advisory Board
VACANT:o South Florida East Coast Corridor Coalitiono U.S. Conference of Mayorso National League of Citieso Florida League of Cities. !nternational Hispanic Networko lnternational Women's Forum - Arva Moore Parkso FIU Wolfsonian Advisory Boardo Greater Miami Convention and Visitors Bureau Executive Committee. Girl Power Honorary Member. Miami-Dade County Tourist Development Councilo Citizens' Oversight Committee/lnterlocalAgreement for Public School Facility Planning MDCo Miami-Dade County League of Cities
F:\CLER\$ALL\a City CommissionNon City Commission Committees O7-23-14.docx
1107
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1108
MIAMI BEACH
City of iliomi Beoch, lZ00 Convention Cenler Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSTON APPOTNTMENTS
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
ANALYSIS
The applicants that have filed with the Office of the City Clerk for the below at-large appointments are
included with item R9A.
BOARDS AND COMMITTEES
1. Affordable Housing Advisory committee (current Vacancies: s)
Vacant Categoies:
. One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
. One citizen who is actively engaged as an advocate for low-income persons in connection
with affordable housing.
. One citizen who is actively engaged as a not-for-profit provider of affordable housing.
. One citizen who resides within the jurisdiction of the local governing body making the
appointments.
. One citizen who represents essential services personnel, as defined in the local housing
assistance plan.
2. Health Advisory Committee (Current Vacancies: 2)
Vacant Categoies:
. one cEo from Miami Beach community Health center/designee.
o One administrator of ACLF and/or ALF.
Agenda tten R?Al
Date 1-7711F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 7232014 REG.doc1109
3. Health Facilities Authority Board (Current Vacancy: 1)o One health provider
4. Miami Beach Human Rights Committee (Current Vacancy: 1). One at-large appointment
Please see the 'Agenda - Agenda Archives" for the continuously updated Releases of City
Commission At-Large Nominations listing current information about which applicants have actually
been nominated. The Agenda-Agenda Archives website is located at:
http://miamibeachfl.qov/citvclerldscroll. aspx?id=7796 1
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.oov; and underthe City Clerk section, located on the bottom right hand side of the
webpage, click on the "Agenda Archives" link; thereafter choose the first listed Commission meeting
and click on City Commission At-Large Nominations.
a-\-
JM/REq ,rlJ)
F:\CLER\$ALLb City Commission\Commission Memo B & C FOR 7232014 REG.doc
1110
MIAMIBEACH
OFFICE OF THE CITY AAANAGER
No. LTC # ee3 -Jo t c1
Mayor Philip Levine and Members Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 1,2014
SUBJECT: Audit Committee
We need to issue an RFP for Audit Services and sought the guidance of the City
Attorney as to the requirement of an audit commlttee pursuant to FS 218.391. Contrary
to past practice, the City Attorney has opined that an audit committee must be
establlshed to select the external auditor for the City.
Therefore, I am requesting that the Mayor and each Commissioner plan to nominate a
member for the audit committee at the July 23 Commission meeting.
The primary purpose of an audit committee is to assist the governing body in selecting
an auditor to conduct the annual financial audit required in FS 218.39; however, the
audit committee may serve other audit oversight purposes as determined by the entity's
governing body. Under FS 218.391 the Audit Committee shall:
1 - Establish factors to use tcr the evaluation of audit services to be provided by a
certified public accounting firm;
2 - Evaluate proposals provided by qualified firms;
3 - Rank and recommend in order of preference no fewer than three firms deemed to
be the most highly qualified to perform the required services.
The GFOA Recommended Practice for Audit Committees is that ideally, all members of
the committee possess or obtain a basic understanding of governmental financial
reporting and auditing. The audit committee also should have access to the services of
at least one financial expert, either a committee member or an outside party engaged by
the committee for this purpose. Such a financial expert should thtough both education
and experience, and in a manner specifically relevant to the government sector,
possess 1) an understanding of generally accepted accounting principles and financial
statements; 2) experience in preparing or audlting financia! statements of comparable
entities; 3) experience in applying such principles in connection with the accountlng for
estimates, accruals, and reserves; 4) experience with internal accounting controls; and
5) an understanding of audit committee functions.
Please contact me if you have any questions.
JLM/PA^/\
*" ".ffiPo providtng excelbnt publb se.lce ond salety to all who ltve, work, ond pby tn our vtbrant, hopbol, hlsrortc comnuntty.
f.li: (: t: l\,, fi lJ
20ll' JLll.. -3 A['i g: 03
Cl'i'Y {lLi,i,i I [ilrl'il:l
LETTER TO COMMISSION
Asenda ttem R9fr Z
Oate ?-)31?1111
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1112
R9 - New Business and Gommission Requests
RgBl Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDA ITEM Rq B bZ
DArE 7-27-ly
1113
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1114
R9 - New Business and Gommission Requests
RgC Update On The Miami Beach Convention Center Project.
(City Manager's Office)
Aoenda ltem RQCDateT"Ir1115
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1116
g MIAMI BEACH
TO:
CC:
FROM:
DATE:
SUBJECT:
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
Members of the City Commission
Jimmy Morales, City Manager
Rafael Granado, City Clerk
Philip Levine, Mayor
July 23'd, 2014
Discussion ltem Regarding Entrepreneurial Startup/lncubator Space in
North Beach
Please place a discussion item regarding potential
space in North Beach.
lf there are any questions or concerns, please
Miranda at AlexMiranda@Miam iBeach FL.gov.
entrepreneu rial startu p/incu bator
do not hesitate to contact Alex
We ore commiffed to providing excellent public service ond sofely to ol! who iive, work, ond ploy in our vibront, tropicol, historic communiiy'
Agenda lt", RQ D
Date 1-U-lV1117
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1118
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO: Members of the City Commission
CC: Jimmy Morales, City Manager
Rafael Granado, City Clerk
FROM: Philip Levine, Mayor
DATE: May 21"t,2014
SUBJECT: Towing and lmmobilization of Vehicles
MEMORANDUM
Please place a discussion item on the agenda related to Towing and the
lmmobilization of Vehicles.
lf there are any questions or concerns, please do not hesitate to contact Alex
Miranda at AlexMiranda@MiamiBeach FL.gov.
We are ccmmitred lo providing excellent public service ond sofety to oll who live, work, and ploy in our vibront, tropicol, historic communifl.
1119
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1120
E MIAMIBEACH
OfFICE OF IHE I\,TAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: June4s,2914
SUBJECT: Agendaitem for June 1 1'h ,2}14City Commission Meeting
,
Please plaae on the June 1lth, 2014 City Commission Meeting, a
discussion regarding proposed ballot question "City Property Valuation -
Fair Market Value".
Attached please find proposed ballot language and proposed amended
City Chartertext prepared by the Grty Attornet's offce.
Commiseioner Tobin respectfully requests a 9am time rertain for this item.
lf you have any questions pbase do not hesitate to call our office.
Dessiree lGne
on behalf of Gommissioner Ed Tobin
Asenda ltem R?F -
Date 1-23'tY -1121
CITY OF MIAMI BEACH CHARTER SECTION 1.03:
PROPOSED BALLOT QUESTION A}[D AMENDED CITY CHARTER TEXT
NOVEMBER 4, 2014 SPECIAL ELECTION.
I. PROPOSED BALLOT QUESTION:
City Charter Section 1.03:
Citv Propertv Valuation--Fair Market Value.
Shall City Charter section 1.03 goveming "Powers of City'' be amended to require that the sale, exchange,
conveyance, transfer, or lease of ten years or longer of any City-owned real property interest be at no less than
'fair market value, subject to waiver of said requirement by a seven-sevenths vote of the City Commission
finding such waiver to be in the public interest, following a duly noticed public hearing thereon?
Yes
No
II. PROPOSED AMENDED CITY CHARTER TEXT:
City of Miami Beach Charter:
Sec. 1.03. Powers of eCity.
(a) General. The City shall have all governmental, corporate, and proprietary powers to enable it to conduct
municipal government, perform municipal functions, and render municipal services, and may exercise any
power for municipal purposes except as expressly prohibited by law or this Charter.
(b) Alienability of property.
l. The only limitation concerning alienability of City-owned park, recreation or waterfront property is
the restriction of the sale, exchange, conveyance or lease of ten (10) years or longer (including option periods)
of park, recreation, or waterfront property in the City of Miami Beach, unless such sale, exchange,
conveyance or lease is approved by a majority vote of the voters in a City-wide referendum. This provision
shall be liberally construed in favor of the preservation of all park, recreation and waterfront lands.
, 2. The sale, exchange, conveyance or lease of ten years or longer of the following properties shall also
require approval by a majority vote of the voters in a City-wide referendum: (l) Lots West of the North Shore
Open Space Park: All City-owned property bounded by 87th Street on the North, Collins Avenue on the East,
79th Street on the South, and Collins Court on the West; (2) Cultural Campus: All City-owned property
bounded by 22nd Street on the North, Park Avenue on the West, 2lst Street on the South, and Miami Beach
Drive on the East; (3) 72nd Street Parking Lot: The City-owned surface parking lot bounded by 73rd Street on
the North, Collins Avenue on the'East, 72nd Street on the South, and Harding Avenue on the West; and (a)
Lincoln Road Parking Lots: All'City-owned surface parking lots in the vicinity of Lincoln Road located
within the area bounded by 17th Street on the North, Euclid Avenue on the East, l6th Street on the South, and
West Avenue on the West.
3. The sale, exchange, conveyance or lease of ten years or longer of the following properties shall
require approval by vote of at least sixty (60) percent of the City's voters voting thereon in a City-wide
referendum: (l) Convention Center Parking Lots: All City-owned surface parking lots located in the Civic and
Convention Center District, generally bounded by Lincoln Lane on the South, Washington Avenue on the
East, Meridian Avenue on the West and Dade Boulevard on the North; (2) Convention Center Campus: All
City-owned property, except for the Convention Center and Carl Fisher Club House, located within the Civic
1122
and Convention Center District (includes City Hall, 1701 Meridian Street, 555 17th Street, 2lst Street
Community Center, The Fillmore Miami Beach/Jackie Gleason Theater, and the 17th Street Parking Garage).
A1l local laws, charter provisions and ordinances of the City in conflict with this provision are hereby
repealed. This provision shall become effective immediately upon acceptance of the certification of election
results by the City Commission.
4. The sale, exchange, conveyance or lease of ten years or longer of all remaining City-owned property
(other than public beach rights-of-way - see (d) herein below, and other than those properties addressed
more specifically in this Charter section 1.03) shall, as provided by Ordinance, require approval by a majority
417 vote of all members of the Planning Board and 617 vote of the City Commission.
5. The terms of this Charter section shall not apply to any valid written contractual commitments or bids
or bonded indebtedness, which commitments, bids or indebtedness existed prior to January 14,2004; nor shall
this Charter section apply to any City property which is the subject of a settlements of a claim which the City
had notice of as of January 14,2004.
(c) The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by
zoning, transfer, or any other means from its current zoned floor area ratio as it exists on the date of adoption of
this Charter Amendment [November 7,2001), including any limitations on floor area ratios which are in effect
by virtue of development agreements through the full term of such agreements, unless any such increase in
zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami
Beach. The provision shall not preclude or otherwise affect the division of lots, or the aggregation of
development rights on unified abutting parcels, as may be perrnitted by ordinance. In addition, this provision
shall not apply to settlements of any claims the City has notice of as of December 10, 2003. This Charter
Amendment shall become effective on the day after its approval by the voters of the City of Miami Beach. No
rights in derogation of the provisions of this Amendment under any ordinance or any other action of the Miami
Beach City Commission between the time this measure is approved by the Miami Beach City Commission for
placement on a ballot and the adoption of this Amendment shall be enforced against the City of Miami Beach.
(d) Public Beach Rights-of-Way. The sale, exchange, conveyance, lease, or any other transfer of any City
interest in a public beach right-of-way (extending eastward from Collins Avenue/Ocean Drive to the erosion
control line) shall require approval by a majority vote of the voters in a Citywide referendum, excluding permits
of no greater than one year, and excluding the sale, exchange, conveyance, lease or any other transfer not
exceeding l0o/o in width of such public beach righrof-way.
(e) Public Street-Ends Bordering GU, GC, or l(aterfront Land. The sale, exchange, conveyance, lease, or any
other transfer of any City interest in any public street-end bordering on land designated "Government IJse",
"Golf Course" or Waterfront land, shall require either the unanimous approval of those members of the City
Commission with power to vote or approval by a majority vote of the voters in a Citywide referendum,
excluding a sale, exchange, conveyance, lease, or any other transfer not exceeding l0% in width of such street-
end which advances a significant public purpose, and excluding underground utility easements.
(.0 Valuing thq sale, exchanee, conve)tance. trans.fer, or lease of ten ])ears or lonser. of a Ciq) real prowrtv
inferesf. The sale. exchange. conveyance. transfer. or lease of ten years or lonser. of any City-owned real
propertv interest inclusive of but not limited to those enumerated in this section shall be at no less than fair
market value as provided by Ordinance. The cgnditions of this subsection mav be waived blr a seven-sevenths
vote of the City Commission followine a duly notiged public hearine thereon. upon a findine by the City
Cpmmission that the public interest ryo\rld be served by waivine such condition.
1123
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1124
g MIAMI BEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochf .gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members [f the City C/mmission
FRoM: Jimmy L. Morales, City Manager t--.t t'\A
DATE: July 23,2014
SUBJECT: DISCUSSION OF PERMITTING FOR TEMPORARY RELIGIOUS STRUCTURES
BACKGROUND / ANALYSIS
From time to time, the City has received complaints from a few individuals regarding
temporary religious structures that abut religious institutions and are erected at least in part on the
public right of way. Likewise, certain individuals complain about these structures (for example,
"Sukkots") on private property, questioning whether building permits were obtained for their
construction. While structures built on rights of way should not generally be encouraged, these
structures are generally erected for a short period of time (8 to 10 days) and have co-existed in the
City for years without incident. As "temporary structures" defined in the Florida Building Code,
these structures require permits. However, in an effort to minimize complaints and eliminate
confusion related to temporary religious structures, the Building Department is recommending the
creation of an express procedure to provide a mechanism to obtain City approval for temporary
religious structures on private property, and in limited circumstances, in the public right of way. The
Building Department would create a simple, expedited permitting process for these structures
(described below) that would be easy for all to comply with.
A. Temporary Religious Structures ln Right of Way
The City Manager or his designee would approve a Special Temporary Religious
Structure Permit for temporary religious structures immediately adjacent to or abutting the religious
institution responsible for erecting it wholly or in part in the right of way. Approval of these permits
is solely within the discretion of the City Manager or his designee, but considerations shall include
whether the structure would negatively impact traffic; the public's life, health or safety; pedestrian
flow; or nearby commercial or residential properties; and shall be subject to the following
requirements.
1. The structure cannot be installed in a handicap parking space.
2. All building exits must remain clear of all obstructions, including the structure itself.
3. All lighting in the structure must be approved outdoor lighting and wiring.
4. All lighting must be plugged directly into an approved GFCI outlet.
5. No wiring shall be run under doors or through windows.
6. lf lighting is to be provided within the structure, the power source must be located at
the exterior of the building at a GFCI receptacle. lf a GFCI receptacle is not available,
one must be installed. This installation will require an electric construction permit and
must be completed by a licensed electrician.
7. No open flames or cooking shall be conducted in the structure.
Agenda ltem RQ &
Date 1-?7'111125
Commission Memorandum
Discussion of Permitting for Temporary Religious Structures
July 23, 2014 Page 2 of 2
8. The structure must relate to the celebration of recognized religiouJ holidays that
specifically require said structure be erected outdoors, and shall only be permitted
during the time of said holiday, with reasonable allowance for construction and tear
down.
9. The structure shall in no event remain for a period in excess of fourteen days.
10.The structure shall only be permitted if the adjacent religious institution is unable to
accommodate the structure on its own property outdoors.
B. Temporary Religious Sfrucfures on Private Propefi
Temporary religious structures on private property will be subject to the same rules and
procedures as described for the public right of way, except that there shall be no requirement that
the structure be immediately adjacent to a building. Further, if the private property owner wishes
the structure to remain beyond a fourteen day period, they would no longer receive the benefits of
this expedited process, and would simply be subject to the terms of the Florida Building Code.
C. Procedure
A minimum of thirty days prior to the proposed construction of the temporary structure, an
application form must be submitted to the City Manager or his designee (in this case the Building
Department)
1. The application shall be signed by the adjacent or abutting religious institution and/or
the property owner if applicable, and shall include an agreement to hold the City
harmless and indemnify the City in the event of any future claims caused by the
temporary structure.
2. A site plan sketch of the proposed temporary structure must be submitted with the
application. This sketch must indicate the exact location and the exact size of the
structure, and no variation from these specifications will be permitted. This sketch can
be hand drawn by the applicant as long as it is possible to ascertain the exact size
and location of the temporary religious structure.
3. The site plan sketch must indicate the number and location of all tables and chairs
within the temporary structure.
4. Emergency contact information must be provided on the application form.
5. Additional information may be required as the application form is developed.
6. Within fourteen days of submittal of a complete application, the City shall inform
applicants whether their permits are approved.
7. The City reserves the right to inspect any or all temporary religious structures to
insure compliance with the provisions of this resolution, and likewise may revoke a
Special Temporary Religious Structure Permit causing the immediate removal of the
structure, if all provisions of this Resolution are not in compliance.
CONCLUSION / RECOMMENDATION
The Administration requests the City Commission's authority to implement this process for
the permitting of temporary religious structures as a test-pilot program beginning on August 10,
2014.lf it is successful, the Administration will likely recommend that it be codified as an Ordinance
for future vears.,fi
JLM/JMJ/MVF/SS
T:\AGENDA\2014Uu1y23\TemporaryReligiousStructuresPermitting - MEMO.docx
1126
E MIAMIBEACH
City of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of the City Cftnmission
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SERVICES BETWEEN THE GITY AND RUTLEDGE ECENIA, P.A., GOMEZ
BARKER ASSOCIATES, INC., AND ROBERT M. LEVY & ASSOCIATES, INC.
BACKGROUND/ANALYSIS
On December 1 1 , 2013, the City Commission extended the above referenced contract until June
1, 2014. At that time there was an expectation to issue an RFP for State Legislative Services by
February 2014. RFP 2014-128ME was issued February 26,2014 with an original response due
date of April,2014. Thereafter, the Administration suggested that the response due date for that
RFP be delayed until after the 2014 Florida Legislative Session to allow interested firms the
opportunity to respond while not conflicted with their work during the session. Unfortunately, that
delay has resulted in the expiration of the City's current contract, leaving the City without
representation at the State level.
Although the Legislature is not in session, the City still requires executive branch representation.
Consequently, the Administration respectfully requests that the City Commission extend the
current contract with Rutledge Ecenia & Purnell, P.A., Gomez BarkerAssociates, lnc., and Robert
M. Levy & Associates, lnc. to such time as a new contract is awarded pursuant to RFP 2014-
128ME.
T:\AGENDA\2014Uuly\Discussion on Extending the Cig of Miami Beach Legislative Serives Agreement with Rutledge Ecenia P A .docx
Asenda rtem RQ H
Date 1'2}111127
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1128
g MIAMIBEACH
Cify of Miqmi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: SHINOLA CLOGK DONATION -
BACKGROUND / ANALYSIS
The manufacturer of Shinola Clocks has agreed to donate a large clock for placement on public
property in the City. On June 1 1, 2014, the City Commission authorized the Administration to file
applicable Land Use Board applications for the placement of Shinola Clocks at the following
general locations:
1. The 1 100 Block of Lincoln Road.
2. The Normandy Fountain.
3. 41't Street and Pine Tree Drive.
4. Soundscape Park.
5. Collins Park (in the event of an additional donation)
Subsequent to this action by the Commission, we have been advised by Shinola Clocks that the
initial donation will consist of only two (2) clocks. Attached is a photograph of a standard
freestanding Shinola Clock, as well as details of the dimensions and design.
The freestanding clocks may be "double sided". The height of a standard freestanding clock is
approximately thirteen (13') feet. ln discussions with representatives from Shinola Clocks, it would
be possible to have a lower stand, to reduce the overall height, if so desired. However, the
manufacturer recommends that the minimum height be seven (7') feet in order to maintain an
appropriate proportion between the clock face and the post, as well as to deter potential vandalism.
Additionally, it appears that the proposed clocks, which include the word "Shinola" on the face, may
be a sign. As such, special authorization by the City Commission may be required for the clocks to
be placed in a right-of-way; otherwise it may be subject to the sign code. ln this regard, Section
114-1 of the City Code defines 'Sign' as:
.an identification, description, illustration, or device which is affixed to or represented
directly or indirectly upon land or a building or structure or object and which directs attention
to a place, activity, product, person, institution, orbusrness."
Chapter 82 of the City Code addresses 'Public Property'. ln this regard, Section 82-414, pertaining
to 'permitted signs, shelters and advertising in public rights-of-way', states the following:
"Notwithstanding any other prohibitions in this Code to the contrary, the city may place, or
contract to place, directory signs and bus shelters in the public rights-of-way, or bicycles
Agenda ltem R9-I *.
oate 1-271r.{1129
Commission Memorandum
Shinola Clock Donation - Update
July 23, 2014 Page 2 ot 2
and bicycle rental kiosks as part of a city-sponsored bicycle rental and sharing program,
with advertising thereon Such s,gns, she/fers, bicycles and bicycle rental kiosks shall be
subject to all applicable permitting requirements and design reviews as provided for in the
land development reg ulations. "
Assuming that the issue of allowable 'signage' can be resolved, either by modifications to the
actual clocks, or through another mechanism such as a Commission approved sponsorship
agreement, the only matter pending would be the location and height of the clocks.
ln this regard, since only 2 clocks have been proposed, the Administration believes that the
Normandy Fountain location in North Beach and Collins Park would be best suited. Additionally, so
as not to overwhelm the street, sidewalk and immediate building context within the larger
intersection, it is further suggested that the overall height of the clock not exceed ten (10') feet.
Finally, the administration believes that the double sided version of the clock works best, as it
would allow for the showpiece clock mechanism to be experienced from all directions.
CONGLUSION / RECOMMENDATION
The Administration recommends that the Mayor and the City Commission:
1. Require a double sided, freestanding clock, at an overall height not to exceed ten (10') feet;
2. Authorize the administration to file an application to the Design Review Board (DRB) for the
Normandy Fountain and Collins Park locations;
3. Refer a separate course of action to authorize the placement of the proposed clocks on City
property or Public right-of-way.
ttffilav
T:\AGENDA\201 4Uuly\Shinola Clocks Update - MEMO.docx
1130
1131
SHINOLA DETROIT CITY CLOCK
fL" r*,.*-*-.1
rO EXIT SLmRT SRACGT(Coxrtur 8 tuwrftAror)
0J.oo oD
42.50 tD
INTRODUCED IN THE '18605, STREET CLOCKS BECAME POPULAR FIXTURES ON THE SIDEWALKS OF AMERICAN CITIES.
ARGUABLY THE MOST FAMOUS IN DETROIT MADE ITS DEBUT DOWNTOWN IN 1933 AT THE ENTRANCE TO THE ERNST
KERN COMPANY DEPARTMENT STORE, WHERE IT BECAME A LANDMARK FOR RESIDENTS WHO OFTEN UTTERED THE
PHRASE, "WE'LL MEET UNDER THE KERN'S CLOCK.'
AS AN EMBLEM OF THIS AMERICAN ARTIFACT, SHINOLA IS PROUD TO INTRODUCE THE SH'NOLA DETROIT CITY CLOCK,
INTENDED TO BE LOCATED AT KEY LANDMARKS IN THE CITY TO CREATE NEW MEETING PLACES FOR ALL TO ENJOY
-.----
SHINOLA
DETROIT
1132
DOUBLE SIDED
l2 LI
_l
9'
__1
\crN
\=:
,$ sqS'or\l
Double Sided - Clock Design
Shinola-36 : Pocket Watch
sHmLA
DETROIT
1133
ELEVATION DETAILS
_T
5.75I
CLocK HousrNG
SIAINLESS STL,
655.000 rD
(SIGHT OPENING)CENTER DEcAL
MATIE-BLACi
IER H&SIN6
EEZEL SPINNTNG
ISiH NEN TBE
CRYSTAL RING
RET. SPINNINC
(SarN FrNrsH)
ALUHINUil DIAL
FRONT ELEVATTON
V65,
-:----
SHINOLA
DETROIT
1134
DOUBLE SIDED POST MOUNT
5H,*-.4
DETROIT
1135
CLOCK ELEVATION - OPTION 2
SHINOLA
DETROIT
1136
POST MOUNT ELEVATION
@sl str*"
POCKET WATCH
CLocK DESIGN
(sEE B-r558r)
@ss'ro
(SrGHr oPENTNG)
998-MI CONTROL
(LoCATED IN BASE)
COVER
REMoVABLE
Elevation Detail - Post Clock D$ign
SHINOLA
DETROIT
1137
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1138
R9 - New Business and Gommission Requests
Update On The Cost To Complete The Biscayne Point lsland Entry Way.
(Requested By Commissioner Jonah Wolfson on May 28,2014 - RgE)
(Legislative Tracking: Capital lmprovement Projects)
Agenda ltem R?J
Date -?-,?hlY1139
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1140
C MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: July 9,2014
SUBJECT: Discussion on Designoting the Beoches on Miomi Beoch "Tobocco Free" os
Port of our Legislotive Agendo
Pleose ploce the obove on the July 23,2014 City Commission ogendo.
JWVM
We ore commilted to providing excellent public service ond sofefy to oll who live, work, ond ploy in our vibronf , lropicol, historic communitv.
Asenda ttem RQ R
Date 7-23'lY1141
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1142
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: July 9,2014
SUBJECT: Memo re Vending Machines
Please add to the July 23rd City Commission agenda a resolution providing healthier snacks
in vending machines at all of our public facilities.
Thank you!
lf you have any questions please do not hesitate to call our office.
MIAMIffiHACH
Commissioner Micky Steinberg
OFFICE OF MAYORAND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7103 / Fax: 305-673-7096 / www.miamibeachfl.qov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
Agenda ttem RQ L
Date 1-23'lV1143
THIS PAGE INTENTIONALLY LEFT BLANK
1144
g MIAMI BEACH
€ity of Miomi Beoch, I700 Conveniion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBIECT: PROPOSAL FOR THE PARTIAL
OF OCEAN DRIVE
TION AND MASTER PLANNING
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission direct the Administration to
begin the design and construction process for the proposal to partially re-locate and
malter plan OcLan Drive from Sth Street to 14th Terrace.
BACKGROUND
On May 21, 2014, the City Commission, at the request of Commissioner Jonah Wolfson,
held a discussion regarding the permanent closing of Ocean Drive to vehicular traffic
(ltem R9M). The Commission directed the Administration to come back with a proposal
regarding a master plan for Ocean Drive.
On June 11, 2014, at the request of the City Commission, the item was referred to the
Land Use and Development Committee (ltem R9H).
On July 9,2014, the Administration presented a plan to the Land Use Committee for re-
locating the travel lanes and parking spaces on Ocean Drive eastward, in order to
accommodate a wider sidewalk along the west side of Ocean Drive. The Committee
endorsed the proposal and referred it to the City Commission with the following
recommendations:
1. To further study the expansion of the sidewalk on the east side of Ocean Drive;
2. The filing of an application for Historic Preservation Board approval;
3. The inclusion of the project in the Capital Budget for FY 2015; and
4. Any additional Ordinance Amendments that may be necessary for sidewalk caf6
operations.
ANALYSIS
The Administration has reviewed various options regarding the modification of vehicular
circulation on Ocean Drive. The complete closure of Ocean Drive to vehicular traffic
would create an un-matched level of pedestrian ambience and allow for unobstructed
visual and physical access to the existing hotels that define the scale, context and
character of Ocean Drive. Additionally, outdoor cafes would be able to operate in a
manner that has much less of an impact on the walkability of the street and sidewalk.
Agenda ltem
Date
RqM
1145
Commission Memorandum
Re-Location and Master Planning of Ocean Drive
July 23, 2014 Page 2 ot 3
However, the complete or even partial closure of Ocean Drive does present a number of
operational challenges, particularly with regard to access and check-in for all of the
hotels. Also, the removal of some or all of the existing on-street parking spaces along
the east side of Ocean Drive would result in a significant reduction in collected revenue.
ln this regard, the total number of metered parking spaces on Ocean Drive between 5th
and 1Sth Streets are 190 (160 automobile spaces and 30 scooter/motorcycle spaces).
ln fiscal year 2013 these spaces generated $1,087,389.00 in revenue. For the current
fiscal year (2014), the revenue generated to date is $876,996.00.
ln order to balance the legitimate operational concerns of all of the affected properties
with the need to enhance the pedestrian experience at the sidewalk level, the
Administration has put together a conceptual proposal for the master planning of Ocean
Drive. ln this regard, one potential option would be to move all current vehicular and
parking lanes east, in order to provide a wider pedestrian sidewalk along the west side of
Ocean Drive.
This can be accomplished by either narrowing the width of the existing sidewalk on the
east side of Ocean Drive, or by extending it slightly eastward into Lummus Park. The
following is a summary of the proposal and its benefits:
. The pedestrian sidewalk along the west side Of Ocean Drive, adjacent to the
hotels, would be substantially widened, thus allowing for increased pedestrian
circulation;
. Existing, permitted sidewalk seating areas would be located immediately
adjacent to the building, thus allowing for improved service and a more
comfortable space for sidewalk seating;
. There would be no increase or decrease in the current, permitted operational
levels of sidewalk cafes;
. The current'tunnel effect', caused by the merging of umbrellas and awnings over
the sidewalk, would be eliminated;
. The current 2-way vehicular traffic pattern would remain the same, including
access to valet ramps and loading spaces, and all existing on-street parking
spaces along the east side of Ocean Drive would remain;
Additionally, enhancements to Lummus Park could also be included, either as part of
this proposal, or as a separate initiative. Such improvements could include
environmentally sensitive connections from the sidewalk on the east side of Ocean Drive
to the main serpentine path in Lummus Park. This would improve access to and
encourage more people to use the serpentine promenade on the east side of Lummus
Park. Additionally, a wider sidewalk along the east side of Ocean Drive could be
provided.
The total cost of the relocation of the sidewalk, parking spaces and vehicular travel
lanes, inclusive of rebuilding the curb, gutter and drainage is expected to range from a
low of $2,547,204.421o a high of $3,606,233.71, depending upon whether decorative
paver options at intersections and crosswalks are used. These figures do not include
any additional hard pack or paver connections through Lummus Park to the existing
serpentine promenade.
1146
Commission Memorandum
Re-Location and Master Planning of Ocean Dive
July 23, 2014 Pase 3 ot 3
Attached are 3 different options prepared by the Capital lmprovement Projects
Department, which contain detailed, preliminary cost breakdowns. Construction is
expected to take approximately six (6) months to complete. lt is anticipated that with an
expedited review, design and approval schedule, the work would be ready to commence
by June 1, 20'15. This date would be after Memorial Day weekend, and would potentially
allow for a completion date prior to January 1,2016, if not sooner.
The Administration has met with Ocean Drive property owners and venue managers,
and there appears to be a strong consensus for the proposal outlined herein. ln order to
allow for some flexibility as it pertains to unique property characteristics and uses, such
as retail and buildings with deep setbacks from the sidewalk, the Administration would
recommend that administrative guidelines for the implementation of the revised
operational standards associated with this new plan be developed.
CONCLUSION
The Administration recommends that the City Commission authorize the Administration
to:
1. File an application to the Historic Preservation Board for Certificate of
Appropriateness Approval;
2. Begin the bid process for Design, Engineering and Construction Services;
3. lnclude, if the budget permits, the expansion of the sidewalk on the east side of
Ocean Drive;
4. Facilitate any additional Ordinance Amendments and Administrative Guidelines
that may be necessary for sidewalk caf6 operations.
,rr,fff,**
T:\AGENDA\2014Uuly\Proposal for the Partial Re-Location and Master Planning of Ocean Drive.docx
1147
CITY OF MIAMIBEACH
Office of Capital lmprovement Projects
)ption 1 - lntersection lmprovements limited to Asphalt Pavlng and Straping (no paver bricl€)
Summary of ltems
ITEM DESCRIPTION JNIT QUANTITY untt cos($)TOTAL($)
1
r\srvwis r rs rryr
Ocean Drive =A
11.0C 3,000.0c 33,000.0c
2 lemove ancl Reolace ADA Ramos -A 40.0c 441.0C 17,640.0C
3 Remove and Replace existinq Drainaqe Structures
=A
27.0C 6,000.0c 162,000.0c
4 Reconfi qure Landscape Bulb-Outs =A 20.0c 1.000.0(20.000,
5 Modify pedestrian siqnals at existinq intersections EA 4.0( 10.000.0(40.000.0(
6 Sxtend new roofdrains to new curb EA 40.0(150.0(6,000.0(
7 lree bulb out replacement EA 46.0C 300.0(13.800.0(
I ixistinq tree pits to be modified for ADA compliance EA 77.OC 2,s00.0(192.500.0(
I Street Sion relocation EA 53.0(100.0(s,300.0(
10 lnstall 15" RCP Drainaoe Dioe tF 66.0t 150.00 9,900.0(
11 Remove/demolish/mill 3" of asphalt SY 17,172.0C 5.4C 92,728.8C
12
r\e-w(,rn urt t(,,P J (Jr r9auwcy uasr auurilg ailu
:ompactinq limerock to shift the crown of the road SY 14.533.00 12.00 174.396.0(
13 lnstall tvoe S-lll asohalt oavement. 2" averaoe SY 17.172.04 16.8C 28E,4E9.6(
14
lnstall new grey concrete pedestrian path (500 LF 5
foot wide) at oark SF 2,500.0c 4.00 10,000.0c
15 Strioino -F 13.500.0c I.UL 13.500.0c
16 Remove and reolace 1.5' curb and outter -F U,Z+OU.UL 13.75 116,325.00
17 Demolish 5 foot wide concrete sidewalk ]Y 2,422.0C 12.23 29,621.06
18
vul tlu uut , t99t wtqE, a u [94 tvtp ngq ugr rvr 819
side-walk SF 28,896.0C 4.99 144,191.04
19 j' roadwav wideninq 12" limerock base SY z.42Z.OL Z5.UL 60.550.0c
20 iedimenvErosion control 3F 218,000.0c 0.5c 109,000.0c
21 lemporary Proiect Siqn =A 1.0c 700.0c 700.0c
22 rermit allowance -S 1.0c 10,000.0c 10,000.0c
23 3eotechnical and lab testinq services -S 1.0c 20.000.0c 20.000.0c
SUB TOTAL
MOT
MOBILIZATION & GENERAL CONDITIONS
BONDS AND INSURANCE
OVERHEAD & PROFIT
CONTINGENCY
TOTAL PROBABLE CONSTRUCTION COSI
DESIGN
CONSTRUCTION ENGINEERING AND
INSPECTION SERVICES
2.00o/o
3.00%
2.50o/o
15.00%
10.00%
10.00%
5.00%
1,569,641.50
31,392.83
47,089.25
39,241.04
235,446.23
156,964.15
2,079,774.99
207,977.50
103,988.75
GRAND
AL
CMBFEES I $ 2,3s1,741
GRAND
TOTALWITH
CMBFEES I 9 2,s47,204.42
cMB FEES (CrP)6.50%155,463.'t8
7 t11t2014
1148
CITY OF MIAMI BEACH
Office of Gapital lmprovement Proiects
new roof drains to new curb
tree Dits to be modified for ADA
Re-work the top 3" of roadway base adding and
limerock to shift the crown of the road
type S-lll asphalt, 2" average with pavers at
and replacr 1.5' curb and
5 foot wide concrete sidewalk
SUB TOTAL
MOT
MOBILIZATION & GENERAL CONDITIONS
BONDS AND INSUMNCE
OVERHEAD & PROFIT
CONTINGENCY
TOTAL PROBABLE CONSTRUCTION COST
DESIGN
CONSTRUCTION ENGINEERING AND
INSPECTION SERVICES
2.00Yo
3.00%
2.50o/o
15.00%
10.00%
10.00%
5.00%
1,938,232.78
38,764.66
58,146.98
48,455.82
290,734.92
193,823.28
2,568,158.43
256,815.84
128,407.92
GRAND
TOTAL
PRIOR CMB $ 2,953,38
GRAND
TOTALWTH
CMBFEES | 9 3,14s,3s2.
CMB FEES (CIP)6.50%191,969.84
7t1'1t2014
1149
CITY OF MIAMIBEACH
Office of Capital lmprovement Projects
new roof drains to new curb
the top 3" of roadway base adding and
limerock to shifi the crown of the road
new grey concrete pedestrian path (500 LF 5
Remove and reolacc '1.5' curb and
Demolish 5 foot wide concrete sidewalk
SUB TOTAL
MOT
MOBILIZATION & GENERAL CONDITIONS
BONDS AND INSUMNCE
OVERHEAD & PROFIT
CONTINGENCY
TOTAL PROBABLE CONSTRUCTION COST
DESIGN
CONSTRUCTION ENGINEERING AND
INSPECTION SERVICES
2.00%
3.00%
2.50o/o
15.00%
10.00%
2,222,237.86
44,444.76
66,667.14
55,555.95
333,335.68
222,223.79
2,U1,165.16
10.00% 294.446.52
5.00% 147.223.26
TOTAL
PRIOR CMB $ 3,386,
GRAND
TOTAL WITH
CMBFEES I 9 3,606,233.1
cMB FEES (CrP)6.50%220.098.77
711'U2014
1150
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy i. Morol"s, City Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: July I 1:,,2014
SUBJECT: Discussion on O-Cinemo os q tenqnt ot the Byron-Corlyle with Direction
to Bring Bock on Agreement for Review
Pleose ploce the obove on the July 23,2O14 City Commission ogendo.
JWVM
Agendattem Rq^/
We ore c<>mmifted to providing; excellent public.seryice r:r:d safe\ io oll who live, work, and plcty tn c:ur vibrctnt, , Date -? -23 -//1151
THIS PAGE INTENTIONALLY LEFT BLANK
1152
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO: Members of the City Commission
CC: Jimmy Morales, City Manager
Rafael Granado, City Clerk
FROM: Philip Levine, Mayor
DATE: July 23'd, 2014
SUBJECT: O Cinema Discussion ltem
MEMORANDUM
Please place a discussion item on the agenda related to O Cinema and a potential
partnership with the Byron Carlyle Theater.
lf there are any questions or concerns, please do not hesitate to contact Alex
Miranda at AlexMiranda@Miam iBeach FL.gov.
We ore commifteC to providlng excellent public service ond sofenT o oll who iive, work, ond ploy in our vibront, tropicol, hisroric cammunify.
Agenda ltem RQ 0
Date 7'23'lV1153
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1154
&MIAMIBTACH
OFFICE OF THE MAYOH AND COMMISSION
MEMORANDU"M
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: July 11,2014
SUBJECT: Memo re Venetian Causeway
Please add to the July 23rd City Commission agenda a discussion of what can be done to
ensure continued access for emergency vehicles and residential access to/from the
Venetian Causeway via the East Bridge during construction on the West Bridge.
Thank you!
lf you have any questions please do not hesitate to call our office.
MtAMrffiffiSh*Ft
Comm issioner M icky Stei n berg
OFFICE OF MAYORAND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel : 305-673-7 1 03 I F ax: 305-673-7096 / www. miam ibeachfl.qov
We are committed to providinj excellent public siilice anA iafet4 to at wno tive, work and play in our vibrant, tropical, historic
community.
We are committed to providing excellent public seNice and salety to all who live, work, and play in our vibrant +-^^t^^t ^i-'^-:^
Agenda nem RQ P
Date ']-23-lY1155
# M}AMISHACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMM]SSION MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
July 23,2014
DISCUSSION REGARDING REPLACEMENT OF THE WEST END
BRIDGE ON THE VENETIAN CAUSEWAY.
This item has been requested by Commissioner Micky Steinberg for discussion at the July 23,
201 4 Commission Meeting.
BACKGROUND
The Venetian Causeway is under the jurisdiction of Miami-Dade County. There are a total of
twelve bridges along the Venetian Causeway. Ten of the bridges are fixed span and two (2) are
movable/bascule bridges. The bascule bridges are located at the west and east ends of the
Causeway respectively. As a result of recent structural inspections, Miami-Dade County has
imposed an 11-ton weight restriction along the entire length of the Venetian Causeway with the
exception of the west end bridge which has a weight limit of five (5) tons.
ln anticipation of emergency repairs to be undertaken by Miami-Dade County to the west end
bridge on the Venetian Causeway, City staff has met with Miami-Dade County and FDOT. The
purpose of the meetings has been two-fold: to obtain an understanding of the anticipated scope
of work and schedule of the emergency work and to request that the County maintain access
and connectivity to the Venetian Causeway for pedestrians and bicyclists during the duration of
the emergency work on the west-end bridge.
At the meetings, City staff was informed that the emergency project consists of replacing
approximately 730 feet of an existing portion of the west end bridge, in particular the section
between the west bascule bridge and the mainland. As indicated by County staff, due to its poor
structural condition, this portion of the bridge cannot be repaired and must be replaced. To
expedite the work, the County will bid the project as a design-build contract with a total cost of
$10.1 million. The County anticipates retaining a contractor in October 2014 and closing the
west-end of the Venetian Causeway to all traffic by November 2014. The work is anticipated to
take six (6) to nine (9) months to complete.
lnitially, the County had suggested that all Venetian Causeway users should consider using the
MacArthur Causeway and Julia Tuttle Causeway as alternate routes; however, it was
determined that those options are not the most suitable for workers, including pedestrians and
bicyclists, that use the Venetian Causeway as a commuter route to travel to and from Miami
Beach. !n addition, the MacArthur Causeway presents some safety concerns for bicyclists due
to the lack of bicycle facilities on the two (2) bridges along the Causeway. City staff has
requested that FDOT review the existing bicycle facilities on the MacArthur Causeway and
make appropriate improvements if it is to serve as an alternate route for the duration of the
emergency work on the west-end bridge of the Venetian Causeway.
TO:
FROM:
DATE:
SUBJECT:
1156
Commission Memorandum - Discussion Regarding the West End Bridge of the Venetian Causeway
July 23, 2014
Page 2 of 2
City staff has requested that the County consider including, as part of the contractor's scope of
work for the west-end bridge replacement, a provision to require connectivity for pedestrians
and bicyclists traveling on the Venetian Causeway. The County has indicated that it will
consider including that provision as part of the design-build contract and that it will be evaluating
options to maintain connectivity for pedestrian and bicyclists during the emergency work on the
west-end bridge.
Additionally, in response to a request from the Venetian community for a "lock-down" of the
easternmost bridge, the County has advised that it will be reaching out to the Coast Guard with
the intent of establishing a restricted activity schedule for the opening of the easternmost
drawbridge during the anticipated 9-month construction timeframe of the west end bridge.
Since the causeway and its bridges are under County jurisdiction, the County is the lead on
these discussions with the Coast Guard.
Please note that due to the above mentioned weight limitations imposed on the easternmost
bridge of the Venetian Causeway, Miami-Dade Transit has temporarily terminated the South
Beach Local (SBL) service to Belle lsle and truncated the service at the Publix on 20h Street as
the SBL buses do not meet the weight criterion. ln an effort to mitigate the lack of mobility
options for residents of Belle lsle, the City has proposed to extend the Alton-West Trolley
service to Belle lsle and provide a connection to the SBL and the Alton-West Trolley. The
proposed service would consist of one vehicle (weight has been approved by Miami-Dade
County Public Works) operating from 8:00 AM to 12:00 AM, 7 days per week. The trolley service
would be temporary until the SBL service to Belle lsle is reinstated by Miami-Dade Transit.
Limousines of South Florida, the City's current trolley operator, has requested a modification to
its existing certificate of transportation approved by the County for the Alton-West Trolley
service. This approval is expected to occur at the next Board of County Commission meeting
scheduled for July 17, 2014. However, at the same time, weight limit restrictions on the
Venetian Causeway bridges have been recently re-evaluated by FDOT and, based on this most
recent structural analysis, there is a possibility that the County may relieve the current weight
restriction on the east-end bridge, thus allowing the SBL service to be reinstated, at which time
the City would terminate trolley service to Belle lsle.
fu,*r.
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1158
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: July 1 41h,2014
SUBJECT: 17th Street and Alton Road Strategy
Please place on the July 23'd City Commission Meeting Agenda a discussion item
regarding long term problems that need to be addressed at 17th Street and Alton
Road intersection. Attached please find letter with proposed strategy from the group
of stakeholders.
lf you have any questions please do not hesitate to contact Danila Bonini at
extension 6457.
MG/db
We ore commilted lo providing excellent pubfic service ond sofety to oll who live, work, ond ploy in our vibront, troptcol, historic cammtnitr
Agenda ltem R?CI.
Date 7_23-lt{1159
Commissioner,
Thank you for the opportunity to have the mayor and commission consider the 17th and Alton intersection
as a long-term problem that needs to be dealt with as soon as possible. As you requested, we have
fleshed out a comprehensive strategy for the intersection and its surrounding environs. All of the 9
groups that have signed on to the statements below have added suggestions to the list. The Alton Road
Business Association supports this list and has created a separate list that concerns the merchants.
Michael Gorey will be sending that to you by Friday. I am assuming you will be placing this on the July
23'd Agenda. I have asked each of the groups below to attend the meeting. As the date gets closer,
please let me know if you can give us a time certain. Please let me know if you have any questions
about any of this. Again, we all appreciate your attention to this mafter
Nancy
17TH STREET AND ALTON ROAD STRATEGY:
ALL CURRENT AND FUTURE PROJECTS SHALL BE CONSIDERED WITHIN THE BOUNDARIES OF
THE PLAN. THE BOUNDARIES OF THE PLAN SHALL BE:17TH STREET BETWEEN MERIDIAN AND
THE WESTERLY BORDER OF THE VENETIAN CAUSEWAY, ALTON ROAD AND WEST AVENUE
FROM LINCOLN ROAD TO DADE BOULEVARD. For the purpose of this study, the BOUNDARY shall
be callthe "SITE"
A CUMULATIVE IMPACT STUDY of the "'SITE' SHOULD BE UNDERTAKEN AS SOON AS POSSIBLE.
Determine the actual sustainability of the small geographic area as described below. New project
applications for the "site" should be delayed until the study is complete.
DEVELOP A MAP AND CALENDAR FOR PROJECTS WITHIN THE'SITE'.
THE MAP AND CALENDAR IN THE DESIGNATED'SITE'WILL INDICATE PROJECTS THAT
ARE: permitted, ready to break ground, start date, and construction schedule. This will give a clear
picture and show the intensity of the target area along '17th Street, the immediate neighborhood
surrounding Alton's Businesses, and West Avenue. The repairs to the Venetian westerly bridge as well as
the other 11 bridges should be included as projects in this study
PRIORITIZE PROJECTS THAT TAKE PRIORITY: (ie: convention center, convention hotel, West Avenue
Bridge, Venetian Causeway westerly bridge, flood mitigation, safety and emergency problems, on-going
unfinished projects within the "site", funding constraints, etc.
ONCE THE COMPREHENSIVE EXPLORATORY PROCESS IS COMPLETED FOR THE'SITE",
applications for projects, and repairs should be melded into a master document as organized by the city's
engineering, building, public works and planning departments
CONSIDER THE MAP AREA AS A UNIFIED "CONSTRUCTION" SITE. Using the city's engineers and
planners, develop the ideal "schedule" to ACCOMODATE and COORDINATE each of the projects within
the "site" with respect to: traffic congestion, construction staging areas, worker parking, street closures,
cement pouring, projected work schedules, and the quality of life of the residents, business owners,
tourists living and working within the "site".
APPOINT AN OMBUDSMAN FOR THE'SITE'. The ombudsman would be a government liaison for
residents and business owners to deal with the daily problems of traffic, pollution, staging areas and
parking for construction vehicles, street closures.
THE FOLLOWING GROUPS ARE SIGNED ON TO THE 17TH AND ALTON ROAD CONCEPT:
1160
MIAMI BEACH UNITED, Nancy Liebman, president
VENETIAN ISLANDS HOMEOWN ERS ASSOCIATION, Juergen Brendel, president
LOWER NORTH BAY ROAD NEIGHBORHOOD ASSOCIATION, Michael Hammon, president
SUNSET ISLANDS 3 AND 4 NEIGHBORHOOD ASSOCIATION, Terry Bienstock, president
BELLE ISLE RESIDENTS ASSOCIATION, Scott Diffenderfer, president
PALM VIEW CIVIC LEADERS: Paul Freeman, Regine Krieger, Nisi Berryman, Peter Freiberg, Joe-
Tom Easley, MichaelJarboe, Jane Lossen, J.M. Lossen, Fred Kosters, Michael Kelly, Madeline
Kelly, David Roth, Beth Craig, Eddie Gonzalez
WEST AVENUE NEIGHBORHOOD ASSOCIATION, Christine FIorez, president
SUNSET HARBOR TOWNHOMES ASSOCIATION, Marilyn Freundich, president
ALTON ROAD BUSINESS ASSOCIATION, Michael Gorey, president
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g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: July 14th, 2014
SUBJECT: After-school opportunities for teens in North Beach
Ptease place on the July 23'd City Commission Meeting Agenda a discussion item regarding
after-school opportunities for teens in North Beach or lack thereof.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We are committed to providing excellent public service and safety to ail who live, wotk, and play in our vibrant, fropb Agenda ltem Rq R
oate ?-13-lg1163
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1164
R9 - New Business and Commission Requests
RgS Update On Architectural And Planning Services For Washington Avenue And North
Beach.
(City Manager's Office)
Agenda ttem RQ S
Date 'l-2?ly1165
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1166
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: July 14,2014
SUBJECT: Memo re Muss Park
Please place on the July 23rd City Commission agenda a discussion item regarding Muss
Park and the best option available to provide better weather protection for the young
children who attend our programs there.
Thank you!
lf you have any questions please do not hesitate to call our office.
MIAMIffiffiACH
Commissioner Micky Steinberg
OFFICE OF MAYORAND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7103 / Fax: 305-673-7096 / www.miamibeachfl.qov
We are committed to providing excellent public seNice and safety to all who live, work and play in our vibrant, tropical, historic
community.
We are commifted to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
Aqenda ltem RQ T-
Date 1-23'lY1167
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1168
E MIAMI BEACH
City of Miomi Beqch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of {re CitV Cgtfrmission
Jimmy L. Morales, city Manager 4--r L€-
July 23,2014
SUBJECT: UPDATE ON TERMINAL ISLAND DEVELOPMENT PROJECT
BACKGROUND / ANALYSIS
On February 19, 2014, the Land Use Committee discussed a proposal to create a Unified
Development Site with an adjacent property owner on Terminal lsland. The developer of the
project made a presentation to the Committee, which outlined the scope and preliminary direction
of the project. The proposal would, potentially, combine the City owned property with the site to the
immediate west (container yard) in order to accommodate a luxury residential project. A new,
advanced, City vehicle maintenance facility would remain on Terminal lsland, and would be located
at the first level of the proposed project, below the residential structure. As part of the overall
discussion on February 19, a number of issues and concerns were raised by both Land Use
Committee Members, as well as members of the public. The following is a summary of the issues
raised:
o The impact of the project on the Coast Guard station, as well as whether the Coast Guard
was supportive;o The impact on the site lines of the existing residential towers along Alton Road, south of
Fifth Street;. Concerns regarding future City needs and expansion requirements on Terminal lsland,
including continuing and future advances in technology as it relates to the types of vehicles
used by the City, as well as the manner in which they are serviced;o The accessory uses proposed and envisioned for the residential project;
o The need to address the overall FAR requirements for both the City facility and the
proposed residential project.
The Land Use Committee continued the discussion on the item to the April 9,2014 meeting, in
order for the Administration to meet with representatives of the United State Coast Guard (USCG),
as well as the project developer. Additionally, more public comment and input was sought and
provided, particularly as it pertains to the actual size of the project, and future accessory uses.
On April 9,2014, the Committee discussed the item again and voted to move forward with drafting
a Development Agreement and Term Sheet, including all proffered safeguards. The City Attorney
and the Administration were directed to place the item on a future Land Use Committee agenda
when the draft Term Sheet was ready and that the draft Term Sheet shall be made available for
public review at least 3 weeks prior to the Land Use Committee meeting.
Agenda ltem
Date
FROM:
DATE:
1169
Commission Memorandum
Refenal to Planning Board - Land Use Amendments for Terminal lsland
July 23, 2014 Pase 2ot 2
ANALYSIS
On July 9, 2014, the Land Use Committee reviewed the draft 'Term Sheet' and recommended the
following:
1. Approval of the proposed 'Term Sheet' and moving forward with the drafting of a
Development Agreement;
2. ln order to expedite the timeframe for completing the Development Agreement, the
City's Outside Counsel should be subsidized by the developer;
3. Additional public notice for future hearings, beyond that mandated by State or City law,
shall be provided;
4. Recommended a referral to the Planning Board for all required Code and
Comprehensive Plan amendments.
Additional financial information, including a completed appraisal, shall be required before the
Development Agreement can be completed. Also, the Development Agreement will need to include
language prohibiting destination type restaurants and alcoholic beverage establishments, including
entertainment establishments, as well as provisions for future condominium docs that clearly
outline the industrial uses to be developed at the first level of the project.
Finally, a number of Ordinance Amendments, including amendments to the !-1 zoning regulations
to permit residential uses, an increase the allowable height, potential amendments to the Parking
Ordinance, as well as amendments to the Comprehensive Plan, will be needed in order to
accommodate the development proposal.
CONCLUSION
ln accordance with the July 9, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission:
1. Approve the proposed 'Term Sheet' and authorize the Administration to begin negotiations
for a comprehensive Development Agreement; such agreement shall require additional
financial information, including a completed appraisal, and shall also include language
prohibiting destination type restaurants and alcoholic beverage establishments, including
entertainment establishments, as well as provisions for future condominium docs that
clearly outline the industrial uses to be developed at the first level of the project.
2. Require that the City's Outside Counsel be subsidized by the developer, in order to
expedite the drafting and approval of the Development Agreement.
3. Refer an Ordinance Amendment to the Planning Board to accommodate the residential
proposal for Terminal lsland, including amendments to the l-1 zoning regulations to permit
residential uses and increase the allowable height, potential amendments to the Parking
Ordinance and amendments to the Comprehensive Plan.
4. Require additional public notice for future hearings, beyond that mandated by State or City
law, shall be provided.
tr..uffinara
T:\AGENDA\2014Uuly\Update - Terminal lsland Term Sheet and Ordinances.docx
1170
Rl 0
CITYATTORNEY REPORTS
1171
g MIAMI BEACH
City of Miqmi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: RautAguita, City Attor."8*0- Cu.(-
DATE: July 23,2014
SUBJECT: Gity Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
irileanu V. City Of Miami Beach. Case No. 14-12613 CA05 (Circuit Court of
the 1 1"' Judicial Circuit in and for Miami-Dade County, Florida) Case
The City was served with this complaint on June 4,2014 alleging that on April 13,2013,
the plaintiff, Vladimir Chirileanu, was jogging on the walkway in front of the property
located al 4404 North Bay Road in Miami Beach, Florida when he stepped onto the
cover of the water meter cover at that location, at which point the cover and/or the
cover's support brackets were in a state of disrepair, and the Plaintiff was injured. We
shallfile our answer and propound discovery to the Plaintiff.
2. Cedrick Perkins v. City of Miami Beach, et al. Case No. 1:14-cv-21923 (United States
District Court Southern District of Florida)
Plaintiff alleges that he was a bystander who was inadvertently shot by police otficers
during a police involved shooting on March 30, 2011. The city attorney's office has
removed all related cases to federal court and moved to consolidate them before one
judge. There are currently three bystander cases arising out of this shooting, as well as
the one brought by the estate of the principal decedent. The plaintiffs have moved to
stay the cases pending the outcome of a state attorney's investigation into the
shootings. When the cases go fonruard, we will vigorously defend them.
The Bank of New York Mellon vs. Camilo Vayardo Pullev. et al.. Case No. 14-13976 CA
08 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 1925 Normandy Drive,
Miami Beach, Florida. The Summons and Verified Complaint were served on the City on
June 10, 2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on June 12,2014.
Asenda !t"rn Rl0A
oate 1-L3-lU1172
City Attorney's Report
July 23,2014
Page 2
4. FF Cosmetics FL lnc. Timeless Cosmetics FL lnc. and Cbrillance New York LLC v. Citv
of Miami Beach Case No. 14-Cv-22072-King (United States District Court For The
Southern District Of Florida)
Plaintiffs are cosmetics companies on Lincoln Road who have sued under the First
Amendment to the U.S. Constitution to invalidate the city's hand billing and solicitation
ordinances after they were cited for violations of those ordinances. The city attorney's
office will provide an individual verbal report to each commissioner regarding this
case. The city attorney's office is working with the city manager's office to protect the
city's interests in this matter.
lnc. vs. Dennis J. Sullivan, et al., Case No. 14-13622 CA25
,r,tv,H"iiorj
This is an action to foreclose a condominium lien on real property located'1615 W.
Avenue, Unit 404, Miami Beach, Florida. The Summons and Complaint were served on
the City on June 23,2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on June 26,2014.
6. Offir Hernandez Llach. as personal representative of The Estate of lsrael Hernandez
Llach, Deceased. and on behalf of the survivors of lsrael Hernandez Llach. v. Citv of
Miami Beach. Case No. 14-13874 CA (31) (Circuit Court - 11th Judicial Circuit in and for
Miami-Dade County, Florida)
The estate of lsrael Hernandez Llach brought this action in state court alleging that a city
police officer employed his Taser against the decedent, wrongfully causing his
death. The city attorney's office will vigorously defend this case.
7. The Bank et al., Case No. 12-14631 CA 58
(Circuit Court - 11 Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 524 Washington
Avenue, Unit 314, Miami Beach, Florida. The Summons and Amended Verified
Complaint were served on the City on June 26, 2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on June 26,2014.
8. National Loan Servicino Acquisitions Company vs. Edelwiess Corp.. et al., Case No. 14-
15399 CA22 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 10837 NW29 Street,
Miami, Florida. The Summons and Verified Complaint were served on the City on June
26,2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on July 7, 2014.
1173
City Attorney's Repofi
July 23,2014
Page 3
Nationstar Mortqaqe LLC vs. Jose Yankelevitch. et al., Case No. 14-15147
(Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
cA 32
10.
This is an action to foreclose a mortgage on real property located 2803 NE 164 Street,
Unit 4, Miami Beach, Florida. The Summons and Verified Complaint were served on the
City on June 30, 2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes will be timely filed.
Case No. 14-15880 CA 15 (Circuit
Court - 11'" Judicial Circuit in and for Miami-Dade County, Florida)
This is an action for Declaratory Relief in connection with the V.A.B. adoption of the
recommendation of the Special Magistrate determination the valuation of the real
property located at 340 23 Street, Miami Beach, Florida is zero. The Summons and
Complaint were served on the City on July 2, 2014.
The City's Answer will be timely filed.
RA/SR/EB/RR/lr
F:\ATTO\AAOFF\AAOF F\F I LE.#S\20 1 4\Status report CAO 0723 1 4. docx
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1175
REPORTS
AND
INFORMATIONAL ITEMS
1176
1, Reports and lnformational ltems
(see LTC 241-201 4)
Agenda ltem I
Date@1177
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(9 MTAMTBEACH
flea-eory
LETTER TO COMMISSION
To:Mayor Philip Levine and Members Commission
From: Jimmy L. Morales, City Manager
Date: July 7,2014
Subject: List of Projects Covered by the
ln an effort to disseminate information to elected officials and City staff relative to projects that are
covered by the requirements of the City's Cone of Silence Ordinance, following is a list of all
current solicitations (i.e., lnvitation for Bids ("Bids"), Request for Proposals (RFPs), and Request
for Qualifications (RFQs), that, to date, are covered by the ordinance. Please note that the Cone
of Silence is in effect from the date the solicitation is advertised, as indicated below, through date
of award by the City Commission.
Agenda ltem 2
the
of Silence Ordinance
2013-069-trB-MF 8t27t2013 Citvwide Maintenance of Elevators
PW-Property
Manaqement
2013-178-RFQ-SR 11t22t2013
Solid Waste Franchise Contractors to Provide
Commercial Waste Collections and Disposal
Services PW-Sanitation
2014-050-RFQ-SR 5t2t2014 Master Plan of the Lincoln Road District Citv Manaqer
2014-051-RFP-SR 5t16t2014
Sunset lsland 3 and 4 Right-of-Way
I nfrastructure I mprovements CIP
2014-11s-RFQ-SR
5t28t2014
Professional Engineering Services to Design-
the New West Avenue Bridge Over Collins
Canal Public Works
2014-116-RFQ-SR 3t14t2014 For Traffic Enqineerinq Services
Planning
Deoartment
2014-127-RFP-LR
316t2014 Medical Services for Pre and Post Employment
Human
Resources
2014-128-RFQ-ME 2t26t2014 Provision of Governmental Consultino Services Citv Manaqer
2014-130-tTN-ME 2t26t2014 Online City Merchandise Store Tourism
2014-1'9-|TB-SW 6t11t2014 Maintenance and Reoair of Citvwide Fountains
Property
Manaoement
2014-143-RFP-LR 4t24t2014 For A Web-Based Traininq Svstem Fire/Police
2014-170-lTN-SW 5t22t2014
A Parking Garage Gated Parking Revenue
Control System for the City of Miami Beach Parkins
Date 1-23-/!1179
Page12
Please note that lTBs, RFPs, and RFQs are being issued on a daily basis. Therefore, it is
recommended that you or your staff view the list of projects under the Cone of Silence on a regular
basis. Should you have any questions or need additional information, please feelfree to contact me.
2014-171-ITB-SR
Normandy Shores North Gate
2014-182-RFQ-LR 3121t2014 Event Planninq and
2014-188-RFP-YG
For Design-Build Services For the
Construction Of A 54" Redundant
Sanitary Sewer Force Main From Pump
Station #1 to Commerce Street
2014-187-RFP-SR
For Design-Build Services For The
4t17t2014 n Build Services for London House
2014-215-tTN-LR Band Shell Manaqement Services
C:Elecutive Staff and Management Team
,.JNM
**nrrrf o 1 4v uly\ProcuremenN uty 20 1 4 Cone LTC. docx
1180
City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 33.l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members d the City /ommission
Jimmy L. Morales, Citv Manaoer h +:
July 23,2Q14 \
Pursuant to Resolution No. 2013-28147, items that are referred
be reviewed, but are not heard by that Committee within (6) six
automatical ly withd rawn.
Attached is a list of item(s) that were automatically withdrawn for July 2014:
Finance & Cituride Proiects Committee
There are no items to be automatically withdrawn at this time.
Floodins Mitisation Committee
There are no items to be automatically withdrawn at this time.
Land Use & Development Gommittee
There are no items to be automatically withdrawn at this time.
Neiqhborhood/Commu n itv Affai rs Commiftee
There are no items to be automatically withdrawn at this time.
JML/REG 0
T:\AGENDA\201 4\July\Committee I tems Removed after 6 months.docx
REPORT FROM COMMISSION COMMITTEES OF
HEARD WtTHtN (6) StX MONTHS FROM REFERRAL
WITHDRAWN ITEMS NOT
DATE.
to Commission Committees to
months of its referral date are
Agenda ltem
Date1181
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