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20140730 BMMIAMIBEACH Gity Commission Meeting City Hall, Gommission Chambers, 3rd Floor, 1700 Convention Genter Drive July 30, 2014 Mayor Philip Levine Vice-Mayor Michael Grieco Commissioner Joy Malakoff Commissioner Micky Steinberg Commissioner Edward L. Tobin Commissioner Deede Weithorn Commissioner 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 Gity Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's Office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. Call to Order - 5:00 p.m. Pledge of Allegiance 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. Presentations and Awards Reqular AqendaPA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent Aqenda R7 ResolutionsC2 Competitive Bid Reports R9 New Business/Commission RequestsC4 Commission Committee Assignments R10 City Attorney ReportsC6 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 PA1 Home Rule Hero Presentation By The Florida League Of Cities. (City Manager's Office) PA2 Certificate Of Recognition To Captain Mark Causey To Recognize That Within 24 Hours He Was Able To Coordinate And Ensure A Safe And Enjoyable Experience For The Community During The FlFAWorld Cup FinalAt The Bandshell ln North Beach. (Requested by Commissioner Deede Weithorn) PA3 Certificate Of Recognition To The GAP Flagship Store To Welcome Them To Their New Location On Lincoln Road. (Requested by Commissioner Deede Weithorn) 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. 201 4-316-J R For General Build i n g Contractor Reha bi I itation Services. (Community DevelopmenUProcurement) (Memorandum to be Submitted in Supplemental) C2B Request For Authority To lssue An lnvitation To Negotiate (lTN) For Use Of The City's Right-Of- Ways For Water Taxi Service. (Tra nsportation/Procurement) (Memorandum to be Submitted in Supplemental) C6 - Gommission Committee Reports COA Report Of The Finance And Citywide Projects Committee Meeting Of July 16, 2014:1) General Fund CSL Update And Proposed Millage Rate. 2) Review Of Proposed Capital Budget. 3) Sunset 1 & 2 Guardhouse. 4) Proposed Uses Of Law Enforcement Trust Funds. 2 Commission Agenda, July 23,2014 C6 - Commission Committee Reports (Continued) COB Report Of The Special Finance And Citywide Projects Committee Meeting Of July 18,2014: 1) Discussion Regarding Financial lmpact Of The Proposed Roadway Closure Applications For 87 Street And 87 Terrace Filed By 8701 Collins Development. 2) Discussion Regarding The Greater Miami Convention And Visitors Bureau lnterlocal Agreement. 3) Discussion Regarding Adoption Of An Updated Strategic Plan For The Cultural Affairs Program, To lnclude Utilization Of Fillmore Community Benefit Fund, Cultural Arts Council Endowment, And Cultural Affairs Program Fund Balance Funds For Greater Cultural Benefits For Residents And Visitors. 4l Discussion Regarding A Resolution Rescinding The Prior Action Taken By The City Commission On June 6, 2012, Pursuant To Resolution No. 2012-27917, Which Accepted The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Proposals (RFP) No. 27-11112, For Disaster Recovery Services And Which Authorized The Administration To Enter lnto Negotiations With The Top Ranked Firms Of Ceres Environmental Services, lnc., Asbritt, lnc., Tag Grinding Services, lnc. Byrd Brothers Environmental Services, lnc., D&J Enterprises, Inc. And Phillips And Jordan, lnc. And To Execute Agreements Upon The Conclusion Of Successful Negotiations By The Administration With Ashbritt, lnc. As The Primary Firm; And Further Rejecting All Proposals Received Resulting From RFP No. 27-11112. 5l Discussion Regarding Referral To The Finance And Citywide Projects Committee To Discuss The Schedule Of User Fees For Various Parks And Recreation Programs And Services, Facility Admissions And Rentals. 6) Discussion Regarding The Purchase And Sale Agreement For 226- 87th Terrace To Permit The Development Of A Parking Garage To lnclude At Least 100 Public Parking Spaces. C7 - Resolutions C7A A Resolution Exempting Sidewalk Caf6s Located North Of 63rd Street With An Application Date Between October 26, 2013 And September 30,2015 From The Concurrency Requirements Of Chapter 122 Of The City Code. (City Manager's Office) C7B A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee At lts July 25,2014 Meeting And Adopting The Selected Water Feature Concept For The Replacement Of The Existing, lnoperable Water Feature At The Washington Avenue Entry Of South Pointe Park. (Capital I mprovement Projects) C7C A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Settlement Agreement And Mutual Release Between The City Of Miami Beach (City) And Coastland Construction, lnc. (Contractor) ln The Amount Of $50,274.02 To Settle All Outstanding Claims Pertaining To The Biscayne Bay 10th Street Bayfront Street End Seawall And Waterway Access Enhancement Project And The Public Works Yard Office Project. (Capital I m provement Projects/Publ ic Works/City Attorney's Office) (Memorandum to be Submitted in Supplemental) 3 Commission Agenda, July 23,2014 C7 - Resolutions (Continued) C7D A Resolution Approving The Recommendation From The Florida Department Of Transportation (FDOT), To Place Landscape Material ln Medians At Certain Locations, As Part Of The State Road 907/Alton Road Project From Sth Street To Michigan Avenue. (Public Works) C7E A Resolution Authorizing The City Manager To Approve The Phase lll Work Order For The Normandy Shores Fountain Project Utilizing The Competitively Bid National Joint Powers Alliance (NJPA) Cooperative Contract For Construction Services With The Gordian Group. (Public Works) C7F 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 Chapter 6 Of The City Code, For Winter Party 2015 (March 6, 7, 2015) As Recommended By The Gay, Lesbian, Bisexual, And Transgender (GLBT) Business Enhancement Committee. (Requested by Commissioner Micky Steinberg) (Legislative Tracking: City Attorney's Office) C7G A Resolution Urging The Florida Legislature To Enact Legislation To Criminalize The Nonconsensual Disclosure Of Sexually Explicit lmages. (Requested By Vice-Mayor Michael Grieco) (Continued from July 23,2014) End of Consent Agenda 4 Commission Agenda, July 23,2014 REGULAR AGENDA R2 - Competitive Bid Reports R2A Request Approval To lssue A Request For Proposals (RFP) No. 2014-278-ME For Owners Representative Services For The Miami Beach Convention Center Renovation And Expansion. (City Manager's Office/Procurement) (Memorandum to be Submitted in Supplemental) R2B Request Approval To lssue A Request For Proposals (RFP) No.2014-294-ME For Design Builder Services For The Miami Beach Convention Center Renovation And Expansion. (City Manager's Office/Procurement) R7 - Resolutions R7A A Resolution Adopting The Sixth Amendment To The Capital Budget For Fiscal Year (FY) 2013114. 5:25 p.m. Public Hearinq (Budget & Performance lmprovement) R7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals No. 2014-051-Sr, For Design/Build Services For Neighborhood No. 8: Sunset lslands 3 & 4 Right-Of-Way lnfrastructure lmprovements (The RFP); Authorizing The Administration To Enter lnto Negotiations With The Top Ranked Proposer, RIC-Man lnternational, lnc; And Should The Administration Not Be Successful ln Negotiating An Agreement With The Top-Ranked Proposer, Authorizing The Administration To Enter lnto Negotiations With The Second Ranked Proposer, David Mancini & Sons, lnc.; And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorizing The Administration To Enter lnto Negotiations With The Third Ranked Proposer, Central Florida Equipment Rentals, lnc; And Should The Administration Not Be Successful ln Negotiating An Agreement With The Third-Ranked Proposer, Authorizing The Administration To lssue A New RFP; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (Capital lmprovement Projects/Procurement) R7C A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee, And Approving And Authorizing The Mayor And City Clerk To Execute Contracts With Tyler Technologies, lnc., ln Connection With The Replacement Of The City's Current Enterprise Resource Planning (ERP) System, Known As Eden, With Munis ERP; And The Replacement Of The City's Current Permitting/Licensing Systems, Known As Permits Plus, With Energov; And To Further Execute A Contract With EMA, lnc. For A Business Process Review, As Well As Project Management Services, Related To The lmplementation Of The Munis ERP And ENERGOV Replacement Systems; For A Total Project Amount Not To Exceed $7,200,000. (City Manager's Office) 5 R7D R9D Commission Agenda, July 23,2014 R7 - Resolutions (Continued) R7E A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 1 (Amendment) To The Contract Between The City And Limousines Of South Florida, lnc., Executed As Of May 8, 2014, For Turnkey Trolley Operations And Maintenance Services; Said Amendment Approving An lncrease ln The Contract Price, ln An Amount Not To Exceed $150,000, ln Connection With The Acquisition And Maintenance Of Optional Equipment, lncluding Automatic Passenger Counters, Automated Voice lnformation Systems, Wi-Fi Services, GPS Tracking Services, And Additional Automated Stop Announcement Equipment (With The Capability Of Displaying Public Advertisements) During The lnitial Five (5) Year Term Of The Contract. (Transportation/City Attorney's Office) 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 1.03 Governing "Powers Of City" Should Be Amended To Require Approval By 417 Yote Of Members Of Planning Board And 6/7 Vote Of City Commission Prior To City Entering lnto Any Management Or Concession Agreement With A Private Party For 10 Years Or Longer (lncluding Option Periods) For The Management, Operation And/Or Use Of City Property (lncluding Public Beaches) Or A City-Owned Facility, Exempting Therefrom City Agreements With Federal, State Or Local Governmental Entities. (Requested by Commissioner Edward L. Tobin) (Legislative Tracking: City Attorney's Office) R9 - New Business and Commission Requests RgA Update On The Miami Beach Convention Center Project. (City Manager's Office) RgB Presentation On Transportation lnitiatives. (Transportation) R9C Presentation By The Florida Department Of Transportation (FDOT) On The State Road (S.R.) 907/Alton Road Reconstruction Project From 43rd Street To Allison lsland Bascule Bridge. (Transportation) 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) (Continued from July 23,2014 - RgT) 6 End of Reqular Aqenda 6 7 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 8 PA PRESENTATIONS AND AWARDS 9 Presentations and Awards PA1 Home Rule Hero Presentation By The Florida League Of Cities. (Ciiy Manager's Office) PA2 Certificate Of Recognition To Captain Mark Causey To Recognize That Within 24 Hours He Was Able To Coordinate And Ensure A Safe And Enjoyable Experience For The Community During The FIFA World Cup Final At The Bandshell ln North Beach. (Requested by Commissioner Deede Weithorn) PA3 Certificate Of Recognition To The GAP Flagship Store To Welcome Them To Their New Location On Lincoln Road. (Requested by Commissioner Deede Weithorn) Agenda ltem Date 7-3o-U10 THIS PAGE INTENTTONALLY LEFT BLANK 11 c2 COMPETITIVE BID REPORTS 12 C2 - Gompetitive Bid Reports C2A Request For Approval To Authorize The lssuance Of A Request For Qualifications (RFQ) No. 2014-316-JR For General Building Contractor Rehabilitation Services. (Community DevelopmenUProcurement) (Memorandum to be Submitted in Supplemental) Agenda ttem CAA Date 1-30-ll13 THIS PAGE INTENTIONALLY LEFT BLANK 14 G2 - Competitive Bid Reports C2B Request For Authority To lssue An lnvitation To Negotiate (lTN) For Use Of The City's Right-Of-Ways For Water Taxi Service. (Transportation/Procurement) (Memorandum to be Submitted in Supplemental) Agenda ttem CeBoateido_15 THIS PAGE INTENTIONALLY LEFT BLANK 16 G6 COMMISSION COMMITTEE REPORTS 17 # AAIAMI*EACH City of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMITTEE MEMORANDUM TO: Mayor Philip Levine and Members FRoM: Jimmy L. Morales, City Manager DATE: July 30, 2014 I the City SUBJECT:REPORT OF THE SPECIAL F \ANCE AND CITYWIDE PROJECTS COMMITTEE MEETING ON JULY 18,2014 The agenda is as follows: OLD BUS!NESS NEW BUSINESS 1. General Fund CSL Update and Proposed Millage Rate ACTION The Committee recommended Administration set the fiscal year 2014115 proposed miflage at 6.0929, which represents a slight decrease from the fiscal year 2013114 adopted millage rate of 6.1163 due to the decrease in the debt service portion of the millage rate. Per the TRIM guidelines discussed above, the proposed rate could remain the same or be decreased later in the budget process once the Commission has assessed other proposed enhancements and efficiencies to the fiscal year 2014115 budget. 2. Review of Proposed Capital Budget ACTION The Commiftee motioned to accept the proposed Gapital Budget with the following amendments: . Add funding for three projects in Renewal & Replacement from the R&R Contingency: Historic City Hall HVAG Ductwork Gleaning ($30,000), Police Station HVAC Ductwork Cleaning ($30,000), North Shore Youth Center HVAC Ductwork Cleaning ($30,000). Move two projects from Pay-As-You-Go funding to Quality of Life-North Beach funding: Byron Carlyle Renovation ($145,000) and Allison Park Redesign ($235,000) 18 . Add two projects to be funded from Pay-As-You-Go funds: Muss Park ($200,000) and Sunset 1&2 Guardhouse ($200,000). Carve out funding from the FYI5 Sidewalk Repairs Program for a Sidewalk Assessment project-cost to be determined by Public Works. Add $50,000 to the South Pointe Drive Median Planters project The Committee motioned to memorialize that former South Pointe RDA Capital funds that may be spent outside the former RDA per the pending agreement with the County should be used exclusively for stormwater and sea-level rise projects. The Committee directed the Budget Advisory Committee to bring back a proposal for dedicated Seawall funding similar to the Renewal & Replacement millage rate. 3. Sunset 1 &2 Guardhouse ACTION The Committee recommended funding $200,000 for this project in fiscal year 2015 from Pay-as-you-go fu nds. 4. Proposed Uses of Law Enforcement Trust Funds ACTION The Gommittee recommended accepting the proposed Confiscation Budget for the fiscal year 2014115 uses of Law Enforcement Trust Funds. 19 * fiNIAr\rtIBEACH City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov COMMITTEE MEMORANDUM To: Mayor Philip Levine and Members of th FRoM: Jimmy L. Morales, City Manager DATE: July 30, 2014 SUBJECT: REPORT OF THE SPECIAL FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING ON JULY 18,2014 The agenda is as follows: OLD BUSINESS 1. Discussion regarding Financial lmpact of the Proposed Roadway Closure Applications for 87 Street and 87 Terrace Filed by 8701 Gollins Development ACTION The Committee moved to continue the discussion of this item at the July 30,2014 Commission meeting with no recommendation. NEW BUSINESS 2. Discussion regarding The Greater Miami Convention and Visitors Bureau lnterlocal Agreement ACTION The Committee recommended moving this item to the August 13, 2014 Budget meeting and then finalized at the September 10, 2014 Commission meeting with no recommendation. 3. Discussion regarding Adoption of an Updated Strategic Plan for the Gultural Affairs Program, to include utilization of Fillmore Community Benefit Fund, Cultural Arts Council Endowment, and Gultural Affairs Program Fund Balance Funds for Greater Gultural Benefits for Residents and Visitors Agenda nem Lk b oate 7-3o-U20 ACTION The Committee recommended that the GAC Endowment use be scaled back to one event (Sleepless Night) and brought to the Budget Committee meeting on August 15,2014. The Committee recommended that Administration cap the Fund Balance at its current level of $2,640,184 to include an increase for inflation. lf necessary, these funds could adequately cover the expenses of the Cultural Affairs Program for two years. Funds remaining at the end of each fiscal year will be added to the GAC's grants budget for the following fiscal year. The Commiftee recommended the addition of a new community Benefit Fund Grant requirement that all future rent waiver recipients be required to offer free or discounted tickets to Miami Beach residents. Also, to increase the number of annual rental fee waivers trom 12 to 24. The additional grants (12 annually), will be specifically for live theater in the Gity. The Community Benefit Fund Grant when used at the Fillmore 'backstage" would require grantees to offer tickets at $19, including all house and Ticketmaster surcharges. 4. Discussion regarding A Resolution Rescinding the prior action taken by the Gity Commission on June 6, 2012, pursuant to Resolution No. 2012- 27917, which accepted the recommendation of the Gity Manager pertaining to the ranking of firms, pursuant to request for Proposals (RFP) No. 27- 11112, for Disaster Recovery Services and which authorized the Administration to enter into negotiations with the top ranked firms of Ceres Environmental Services, lnc., Asbritt, lnc., Tag Grinding Services, !nc. Byrd Brothers Environmental Services, lnc., D&J Enterprises, lnc. and Phillips and Jordan, lnc. and to execute agreements upon the conclusion of successful negotiations by the Administration with Ashbritt, lnc. as the Primary Firm;And further rejecting all proposals received resulting from RFP No. 27-11112 ACT!ON The Gommittee recommended moving forward with the execution of contracts with Ceres Environmental Services, lnc., Ashbritt, lnc., Tag Grinding Services, lnc., D&J Enterprises, lnc. and Phillips and Jordan, Inc. to provide disaster recovery services in the event of a declared emergency that is of the magnitude to utilize said professional services. 5. Discussion regarding referral to the Finance and Gitywide Projects Gommittee to discuss the Schedule of User Fees for Various Parks and Recreation Programs and Services, Facility Admissions and Rentals ACTION The Gommittee recommended moving this item to the August 13, 2014 Budget meeting with no recommendation. 21 6. Discussion regarding the Purchase and Sale Agreement for 226-87th Terrace to permit the Development of a Parking Garage to include at least 100 Public Parking Spaces ACTION The Committee moved to continue the discussion of this item at the July 30,2014 Commission meeting with no recommendation. 22 THIS PAGE INTENTIONALLY LEFT BLANK 23 c7 RESOLUTIONS 24 g MIAMI BEACH City of Miomi Beoch, I 200 Convenlion Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members FRoM: Jimmy L. Morales, City DATE: July 30, 2014 SUBJECT: A RESOLUTION EXEMPTING SIDEWALK CAFES FROM CONCURRENCY REQUIREMENTS IN THE NORTH BEACH AREA. ADMINISTRATION RECOMMENDATION Approve a Resolution authorizing Sidewalk Caf6s located north of 63'd Street with an application date between October 26,2013 and September 30, 2015 to be exempt from the concurrency requirements Chapter 122 of the City Code. BACKGROUND On July 23, 2014, the City Commission adopted an Ordinance amending Section 122-5 of the City Code, pertaining to "Exemptions from Concurrency", to include temporary uses in the public right of way as an additional exemption from concurrency requirements. The adopted ordinance requires a resolution of the City Commission specifying geographic areas, criteria, and duration of exemption. 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 peak-hour trips the establishment generates; in the case of sidewalk cafes, the calculation is based on the number of seats. The concurrency fee is based on the costs to the City to mitigate each additional trip in three geographical areas: South Beach, below Dade Boulevard; Middle Beach, between Dade Boulevard and 63'd Street; and North Beach, between 63'd Street and City Line at 87th Terrace. ln an effort to encourage economic development, the City Commission approved Ordinance 2013-3824, on October 16,2013, authorizing the abatement of Sidewalk Caf6 Square Footage Fees for businesses north of 63'd Street. The timeframe for such abatement is from the applicability date of October 26, 2013 through and including September 30, 2015. As this resolution is for similar purposes as the aforementioned ordinance, it is suggested that the resolution be consistent and contain similar geographic boundaries, criteria, and duration period. ANALYSIS Side walk caf6 permits are temporary uses in the public rights-of way, which are renewed annually through the Public Works Department. Presently, the concurrency fee is $415.15 per seat in the North Beach Transportation Concurrency Management Area, plus administration fees, which are typically $ZZS to $400. For a small business, this can be a substantial investment.Agenda,tem C7A Date 7-30-tt/25 Commission Memorandum Resolution - Norlh Beach Concurrency Exemption July 30, 2014 Page 2 of 2 The proposed resolution, would positively impact the areas where it is proposed to be enacted by incentivizing and encouraging economic growth. The Planning Department believes that the further activation of storefronts and sidewalks will create more activity on the street, which cuts down on petty crime and provides a more walkable area that promotes destination dining and shopping. CONCLUSION The Administration recommends that the City Commission approve the atatched Resolution exempting Sidwalk Caf6s located north of 63'd Street with an application date between October 26,2013 and September 15,2015 from the concurrency requirements of Chapter 122 of the City Code. ,.,,#*r/Mcs/MM T:\AGENdAUOl4UulyUuly 3o\Noil Beach Sidwalk Caf6 Concurrency Exemption Resolution - MEM.docx 26 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CIry GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXEMPTING SIDEWALK CAFES LOCATED NORTH OF 63RD STREET WITH AN APPLICATION DATE BETWEEN OCTOBER 26,2013 AND SEPTEMBER 30,2015 FROM THE GONCURRENCY REQUIREMENTS OF CHAPTERl22 OF THE CITY CODE. WHEREAS, the City of Miami Beach Land Development regulations contains a chapter for concurrency management, which provides for certain exemptions from concurrency; and WHEREAS, the section for exemptions from concurrency lists the types of developments that are not required to obtain a preliminary concurrency determination or a final concurrency reservation certificate; and WHEREAS, on July 23, 2014, the City Commission adopted an Ordinance that modifies the list of exemptions from concurrency to include temporary uses in public rights-of-way as determined by the City Commission by resolution, specifying geographic areas, criteria, and duration of exemption; and WHEREAS, Sidewalk Caf6s are temporary uses permitted and located in public rights- of-way; and WHEREAS, on October 16, 2013, the City Commission approved ordinance 2013-3824, which abates Sidewalk Caf6 square footage fees from its effective date of October 26, 2013 through and including September 30, 2015; and WHEREAS, the City Commission finds consistent with the allowable exemptions from concurrency it is appropriate to waive concurrency fees for sidewalk cafes north of 63'd Street, and that it is beneficial to have consistent applicability dates for the North Beach fee exemptions; and WHEREAS, this proposed resolution does not decrease the quality of life for the residents. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Sidewalk Caf6s located north of 63'd Street with an application date between October 26,2013 and September 30, 2015 be exempt from the concurrency requirements of Chapter 122 of the City Code. PASSED AND ADOPTED this ATTEST: Rafael Granado, City Clerk APPROVED AS TO FORM & LANGUAGE day of 2014. Philip Levine, Mayor ffifE&TF-_-,Y\r\-..-\_dt., al - gitrflllqr:y #^. ^ qaled t+ T:\AGENDAVOl4UflyUuly 3O\North Beach Sidewalk Caf6 Concurrency Exemption Resolution - RES.doc 27 THIS PAGE INTENTIONALLY LEFT BLANK 28 COMMISSION ITEM SUMMARY Condensed Title: Item Summary/Recommendation: 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 July 25, 2014 Meeting And Adopting The Selected Water Feature Concept For The Replacement Of The Existing, lnoperable Water Feature At The Washington Avenue Entry Of South Pointe Park. Ensure value and of Data (Surveys, Environmental Scan, etc 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 Work/Use Order on July 13, 2009, due to several violations, the most critical being the lack of a permit for use as an interactive water feature. On October 15, 20'12, 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. 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. On July 16,2014, the two options were presented to the Parks Advisory Board and a motion was passed to proceed to present to the Commission and the Neighborhoods/Community Affairs Committee. On July 23, 2014, the two options were brought back to the Commission Meeting as "old business" for referral to the Neighborhood/Community Affairs Committee. The Commission referred the options to the July 25,2014 NCAC Meeting. On July 25, 2015, the two options were presented to the Neighborhoods/Community Affairs Commission (a copy of the presentation is provided as an attachment). After careful consideration, the NCAC voted to recommend Option 1. Option 1 is described as follows: OPTION 1: This option re-purposes and utilizes as much of the existing water feature as possible and maintains the overall intent of the plaza, but modifies it to address the major concems. 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 floor pavers have been replaced with concrete that contains sea shells as aggregate in order to incorporate materials which are already in use throughout the Park. Landscaped areas have been increased and enhanced. The cost of Option 1 is estimated at $1,235,443 and the construction duration will not exceed 6 months. The Administration recommends that the City Commission approve the resolution to adopt Option 1, for the replacement of the water feature at the Washi Avenue entry of South Pointe Park. Affairs Committee meeting of July 25, 2014, to adopt the proposed Option 1 water feature Financial lnformation: Source of Funds: Amount Account 1 2 OBPI Total Financial Impact Summary: David Marti nez, exl:697 2 AGEN9A fiEn C7 B8 MIAMIBEACH D,r,E '7-30-lL{29 g MIAMIBEACH TO: FROM: DATE: SUBJECT: City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members of the City Colnmiss!-on Jimmy L. Morates, city Manag ", +rr.Lffi July 30, 2014 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS JULY 25, 2014 MEETING AND ADOPTING THE SELECTED WATER FEATURE CONCEPT 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 Work/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. 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. On July 16, 2014, the two options were presented to the Parks Advisory Board and a motion was passed to proceed to present to the Commission and the Neighborhoods/Community Affairs Committee. On July 23, 2014, the two options were brought back to the Commission Meeting as "old business" for referral to the Neighborhood/Community Affairs Committee. The Commission referred the options to the July 25, 2014 NCAC Meeting. 30 Commission Memorandum - South Pointe Water Feature - Referral to the Neighborhood/Community Affairs Committee July 30, 2014 Page 2 of 2 On July 25, 2015, the two options were presented to the Neighborhoods/Community Affairs Commission (a copy of the presentation is provided as an attachment). The two options are briefly described below; OPTION 1: This option re-purposes and utilizes as 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 floor pavers have been replaced with concrete that contains sea shells as aggregate in order to incorporate materials which are already in use throughout the Park. Landscaped areas have been increased and 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. After careful consideration, the NCAC voted to recommend Option 1. CONCLUS!ON A presentation was provided to the NeighborhoodiCommunity Affairs Committee at their July 25,2014 meeting. The Committee voted in favor of Option 1 and recommended that the item be presented to the City Commission. The Administration recommends that the City Commission approve the resolution to adopt Option 1, for the replacement of the existing, inoperable water feature at the Washington Avenue entry of South Pointe Park. Attachment T:\AGENDA\2014\July\ClP\July 30th Commission meeting\South Pointe Water Feature Referral to NCAC\Commission Memo - Water Feature authorization OPTION l.docx 31 >;;; ivruo- oY ot ^,f oI Y x. o_ tuFZ o o_ -Ffroa T -i-i) <{ UJ fll €l32 ("ilm,ffiw 1,lE ". a: fl, $H m {- i^... ",: !I ; : i :'l : ''lr' ,{r ,.' -r '." r : ',.' : ;:. , - :,1, .ii , 5r'*" ;:..1..r: girL,) t$-. !,: r.- .' .i lr, ,+.' ..t, i L-J..r;.i; ;1 t.t',I''i:i' .',: ffi ffi ilffi ,ffi ffi U' ; ! : ? w €) gt B.33 !-N-:t".'", i,; ';ii"li o C o)()(g o-L - io.t frgo- o) a_al- c) C)}r AL oo_o 1t krM r-=j\--1,-! W W ffi ';ffiilI ffiffifi I : FE 1i I E I r I64 i I i l' 'i i i l'j I -.<, l -. o; --J !"'i--/@,'*o .-t'r.; ' i ',,t : ';.{ l :J !i fr :d E6 s : -*/ --.,-.-^rL r;q -J-r?--r " t * l\-/,) /--5\=-.- ) '-- - '1gP1os' tuH I \ - a a L ;. €) o,$-q6 :; q oe ; F rr5 = 6 -; o :.-[ ?vii =E:eIS >-g:dz d?f=te a 34 (^ ( t'\, a o r:iii{;11 !EE5l!:6;;Eif!6E,o t i!:iiit;a - :Ei!'ii;qo z- ii!51;e;o- UJ B:;!j;!iL r'.' iii!:!i:I t * :i!i;ii:i: < : :i:Ei;r!Yo i 91 ;2 ET E i3ii'; 3: ta 3Jd3 odf :t' ri> '.-1 it fz azc 0 =u 5 1 c c'6 & 3-! €, ratft. 35 v ,t,i:! 1f (s^/Jr$"..1 ./ \- zo EII-!rr:'E;a EiEIEiIEiZ i?i!q::IeuJ Ei;iiii:iL- :l[:r€iE!Ex iEiii;iiiiu 'EiiiiiiE: | 3t9E:6; -Y.7 ;tilreEiii 5 A iiEi:iii::' Bc0 Ei:*i:;$:;;1 :.t {i$;EtilIiirU-9. t) A rl'1.-3Lt+ ^r?i,Y' -\'l- \ II rl-.-4,'-I E OE PI ILitr I C'6 L 3i €) N Co; ()_o 36 RESOLUTION TO BE SUBMITTED 37 THIS PAGE INTENTIONALLY LEFT BLANK 38 C7 - Resolutions C7C A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Settlement Agreement And Mutual Release Between The City Of Miami Beach (City) And Coastland Construction, lnc. (Contractor) ln The Amount Of $50,274.02 To Settle All Outstanding Claims Pertaining To The Biscayne Bay 1Oth Street Bayfront Street End Seawall And Wateruay Access Enhancement Project And The Public Works Yard Office Project. (Capital I m provement Projects/Publ ic Works/City Attorney's Office) (Memorandum to be Submitted in Supplemental) Agenda ttem C7 C Date 7-30-/f39 THIS PAGE INTENTIONALLY LEFT BLANK 40 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving The Recommendation From The Florida Department Of Transportation (Fdot), To Place Landscape Material ln Medians At Certain Locations, As Part Of The State Road 907/Alton Road From Sth Street To Michiqan Avenue. lntended Outcome Su Supporting Data (Surveys, Environmental Scan, etc.): Item Summarv/Recommendation : Concerns related to the State Road 907/Alton Road project from 5"'street to Michigan Avenue have been raised by the Alton Road Alive Group, and as a result, various meetings have taken place with the Public Works and Planning Departments. Concerns are listed as follows: Request: Placing conduit in the intersections where we would like the ability to retrofit traffic signals at gth, 13th and 14th Streets in the future. Recommendation: Staff has reviewed this suggestion and has recommended no action at this time because placement of lights is unknown. Directional drilling will be utilized to place electrical conductors at future locations, if lights were deemed necessary. Request: Evaluate the cosUbenefit of stamped asphalt crosswalks at each intersection. Recommendation: The cost to place stamped asphalt in crosswalks being constructed is estimated at approximately $250,000 and would be installed during the final lift of asphalt near the end of the project. Commission would need to give direction and money budgeted for this work. Request: Review of Landscape material to make sure that we are creating long term benefit for users of Alton. Recommendation: FDOT is reviewing planting material list with potential modifications to select more salt tolerant vegetation. City staff will review this new list when available and make recommendations, should we not agree with the selection. Staff will also make nursery visits with FDOT staff to select actual plants to be used in the landscaping. Request: Evaluate lighting that is being installed to make sure it is consistent with both pedestrian and vehicular traffic. Recommendation: FDOT is furnishing special aluminum light poles coated in a gray power coating. Light heads have been designed to meet proper illumination of street and sidewalks. Request: Most importantly we were going to sketch out some alternatives for landscaping nodes at the center of blocks to be able to increase landscape presence on the street. Recommendation: FDOT has proposed locations to place landscape material in median. THE ADMINISTRATION RECOMMENDS APPROVING THE RECOMMENDATION FROM THE FLORIDA DEPARTMENT oF TRANSPORTATTON (FDOT), TO PLACE LANDSCAPE MATERTAL tN MEDIANS AT CERTATN LOCATIONS, PREVIOUSLY REVIEWED BY THE TRANSPORTATION, PUBLIC WORKS, POLICE AND FIRE DEPARTMENTS, AS PART OF THE STATE ROAD 907/ALTON ROAD PROJECT FROM 5TH STREET TO MICHIGAN AVENUE. Board Recommendation: Financial lnformation : Source of Funds: OBPI Amount Account 1 Total Financial lmpact Summary: Clerk's Office lative Tracki Department Director AGENDA ITEM DATE c7D{B MtrAMIBTACH 7-30-/r41 g MIAMI BEACH City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members of thp City Jimmy L. Morales, City Manager July 30,2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE RECOMMENDATION FROM THE FLORIDA DEPARTMENT OF TRANSPORTATTON (FDOT), TO PLAGE LANDSCAPE MATERIAL IN MEDIANS AT CERTAIN LOCATIONS, AS PART OF THE STATE ROAD 907/ALTON ROAD PROJECT FROM sTH STREET TO MICHIGAN AVENUE. ADMINISTRATION RECOMMENDAT!ON The Administration recommends approving the recommendation from the Florida Department of Transportation (FDOT), to place landscape material in medians at certain locations, previously reviewed by the Transportation, Public Works, Police and Fire departments, as part of the State Road 907/Alton Road Project from Sth Street to Michigan Avenue. BACKGROUND Concerns related to the State Road 9O7iAlton Road project from Sth street to Michigan Avenue have been raised by the Alton Road Alive Group, and as a result, various meetings have taken place with the Public Works and Planning Departments. Concerns are listed as follows: Request: Placing conduit in the intersections where we would like the ability to retrofit traffic signals at 9th, 13th and 14th Streets in the future. Recommendation: Staff has reviewed this suggestion and has recommended no action at this time because placement of lights is unknown. Directional drilling will be utilized to place electrical conductors at future locations, if lights were deemed necessary. Request: Evaluate the cosUbenefit of stamped asphalt crosswalks at each intersection. Recommendation: The cost to place stamped asphalt in crosswalks being constructed is estimated at approximately $250,000 and would be installed during the final lift of asphalt near the end of the project. Commission would need to give direction and money budgeted for this work. FROM: DATE: 42 A Resolution accepting the recommendation of the Alton Road Alive group Page 2 of 2 July 30, 2014 Request: Review of Landscape material to make sure that we are creating long term benefit for users of Alton. Recommendation: FDOT is reviewing planting material list with potential modifications to select more salt tolerant vegetation. City staff will review this new list when available and make recommendations, should we not agree with the selection. Staff will also make nursery visits with FDOT staff to select actual plants to be used in the landscaping. Request: Evaluate lighting that is being installed to make sure it is consistent with both pedestrian and vehicular traffic. Recommendation: FDOT is furnishing special aluminum light poles coated in a gray power coating. Light heads have been designed to meet proper illumination of street and sidewalks. Request: Most importantly we were going to sketch out some alternatives for landscaping nodes at the center of blocks to be able to increase landscape presence on the street. Recommendation: FDOT has proposed locations to place landscape material in median at the foltowing locations: 9th Street, 13th Street, 14th Street, between 14th Street and 14th Ct., 14th Court, 1Sth Terrace, between 16th and Lincoln, and between Lincoln and 17th. CONCLUSION The Administration recommends approving the Resolution. Attachment: Plans for landscape wrfiner,t t:\agenda\2014\june\87th terrace vacation setting public hearing memo.docx 43 (; I tltt $r I fat lertu; "Jl!Iis i$rE lut bi" 1- 44 i:o l,;r i-.r I{ d/l\i:'/;g@ffi.J i t 'J i * lltrx _rwF'I$k !F H$ I 3 . .) ',,} ,-.Hi i ),,' J*l I/i iIt:E_t. sl:: {,/ I F"ttl l, tiit)' ti{il 45 A t rFrr b,: t fi*1 tl , t .{ Ita.l I L {' $s (m _i*\ , {i5t\- ,I :l ,f ( ) , . tr tt \. * J ,IDiSr,a -n{n- ,l,, \r +jL-@ tlL- 'r5 t ]' 46 rrt f a. - ;, -Jlfl'YI , SlS{Sffi.SSi*$tffi:.ffi v.J-rJ il'*"" , [\., ' rtl ffir("' l' ! TST.:J .l .1. .l a I I a ,. I .it., a;i; tri$lr I I .i I 3a ^r'a:l ,lt) II) : rl ..--i f1 r I I : I t rt li 'r1 ai rlt \ T tr(d 't{r 47 --f4 V4 -$ lr'/ VA ! ,$ *f' i i-{ E t & d t ' .-l *? ,*r\ =u3 ' \':z\-\i\\" l.; \ t !au-* * I-- .\lr{ \ 5O-6l16lIH,t( t' t' { h .t t t*.tI t*t :iL { 48 RESOLUTION TO BE SUBMITTED 49 THIS PAGE INTENTIONALLY LEFT BLANK 50 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The MayorAnd City The City Of MiamiBeach, Florida, Authorizing The City Manager To Approve The Phase lll Work Order For The Normandy Shores Fountain Project Utilizing The Competitively Bid National Joint Powers Alliance Contract For Construction Services With The Gordian Maximize Miami Beach as a World Class Destination. Streamline the Delivery of Services through all Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation : 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 bythe 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 govemmental 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 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 Phaser Phase ll - Materials Ordering Phaseo Phase lll - Final Construction Phase However, during the process of demolishing parts of the existing structure (Work Order Phase l- 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 orderto 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 $100,000, which includes $90,000 of additional work and $10,000 for project contingency, for a project total not to exceed $350,000. The current project budget of $300,000 would be increased by $50,000 in the Sixth Capital Budget Amendment (ltem R7B) for a new project budget total of $350,000. CONCLUSION The Administration recommends approving the Resolution authorizing the City Manager to approve Work Order lll (Final Construction Phase) for the final phase of the Normandy Shores Fountain renovation project. ADMINISTRATION RECOMMENDATION The Administration recommends aoorovino the Resolution. Advisorv Board Recommendation : Financial lnformation : Source of Funds:,r.--1ffi Amount Account 1 350,000.00 307-2850-000676 - 71"' Fountain Renovation 2OBI -/Total Financial lmpact Summarv: T:\AGENDA\201 4Uul$Procurement\Normandy Fountain NJPA - AGEilIDA ITENil c7E# MIAAAIBTACH oxza 73o-//51 @ MIAMIBEACH Cify of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members of Commission FROM: Jimmy L. Morales, City Man DATE: July 30, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE THE PHASE ItI 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 - $350,000 BACKGROUND ln an effort to expedite the restoration of the Miami Beach Normandy lsle Fountain, located at 7802 Rue Vendome, part of a North Beach revitalization initiative, the National Joint Powers Alliance's (NJPA) lndefinite Quantity Contract was utilized in order to procure the necessary construction services. The cost of this project was estimated at $250,000 and to further expedite the project, it was divided into 3 phases: o Phase I - Demolition Phaseo Phase ll - Materials Ordering Phase. Phase lll - Final Construction Phase However, during the demolition process, parts of the existing structure (Work Order Phase I - Demolition Phase) to make way for 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 Phase ll - Materials Phase) is historic 52 Commission Memorandum -Normandy lsle Fountain NJPA Page 2 of 2 and had to be custom made in order to match the existing tile. At the July 23,2014 Commission meeting, the contract was authorized to exceed the $250,000 cap on the NJPA by $50,000. Upon further review, this project is now expected to cost $350,000. 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, additional approval is required to exceed the $250,000 cap by $100,000, which includes $90,000 of additional work and $10,000 for project contingency, for a project total not to exceed $350,000. The cost of the project will exceed the budget by $50,000 and will require accompaniment by a funding authorization. CONCLUSION The Administration recommends approving the approve Work Order lll - Final Construction renovation project. JLM/MTiMIJJF/AD/TK T:\AGENDAd,/ilfUuly\Public Works\Normandy Fountain. Memo.docx Resolution authorizing the City Manager to Phase of the Normandy Shores Fountain 53 RESOLUTION TO BE SUBMITTED 54 g MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Micky Steinberg, Commissioner DATE: July 241h,2014 SUBJECT: Agenda item for July 30th, 2014 City Commission Meeting Please add to the July 30, 2014 City Commission agenda a resolution for the extension of hours for the March 6 and 7,2015, Winter Party Events as per the recommendation of the LGBT Enhancement Committee. Thank you. lf you have any questions please do not hesitate to call our office. Tathiane Trofino MIAMIBf;,ECM On behalf of Commissioner Micky Steinberg OFFICE OF MAYOR AND COMMISSION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7 103 I F ax: 305-673-7096 / www.miamibeachfl .oov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropicat, historic community. We ore commilled to providing excellent public service ond sofe,.y to oll who live, work, ond ploy in our vrbront, tropical hi,rnrie enmmtnitu Agenda ltem C7 F Date 1-9-1155 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, APPROVING THE EXTENSION OF HOURS FOR CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A 5:00 A.M. LIQUOR LIGENSE, UNDER CERTAIN SPECIFIED CONDITIONS PURSUANT TO CHAPTER 6 OF THE CITY CODE, FOR WINTER PARTY 2015 (MARCH 6, 7, 20151 AS RECOMMENDED BY THE GAY, LESBIAN, BISEXUAL, AND TRANSGENDER (GLBT) BUSINESS 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 Winter 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 Winter Party 2015. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE Clry 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 Chapter 6 of the City Code, is hereby approved for Winter Party 2015 (March 6, 7, 2015), as recommended by the GLBT Business Enhancement Committee. PASSED and ADOPTED this _ day of _,2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK F:\ATTO\TURN\RESOS\Hours Extension for Winter Party 201 5 GLBT Enhancement 2014.docx APPROVED AS TO FORM & LANGUAGE & FOREXECUTION'& :l-fA @ -6iFr 56 & -OFFICE OF THE CITY ATTORNEY RAULJ. AGUILA, CITY ATTORNEY TO: FROM: DATE: SUBJECT: MAYOR PHILIP LEVINE MEMBERS OF THE GITY COMMISSION CIry MANAGER JIMMY MORALES COMMISSION MEMORANDUM crry ATToRNEY RAUL J. AGUTLAz ^il-(). .t1-----'\,- uJF. r July 30, 2014 A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CIry OF MIAMI 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 was considered by the Mayor and City Commission at the July 23, 2014 City Commission Meeting. The Resolution is submitted for formal action at the July 30, 2014 City Commission Meeting. RJA/DT/da Agenda ltem L7G Date l-p4V F:\ATTO\TURN\COMMMEMo\Revenge Porn Reso 57 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 !T DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI 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 day of Ju|y,2014. ATTEST: RAFAEL E. GRANADO, CITY CLERK F:\ATTO\TU RN\RESOS\Criminalize Revenge Porn.docx 8i,lB, & FOR EXECUTIONwla-C-; ,lt Citv Attornev 'rX/Dote58 R2 COMPETITIVE BID REPORTS 59 R2 - Competitive Bid Reports R2A Request Approval To lssue A Request For Proposals (RFP) No. 2014-278-ME For Owners Representative Services For The Miami Beach Convention Center Renovation And Expansion. (City Manager's Office/Procurement) (Memorandum to be Submitted in Supplementa!) Agenda ltem fl4 A Date 7-fu-l(60 THIS PAGE INTENTIONALLY LEFT BLANK 61 COMMISSION ITEM SUMMARY Condensed Title: Request for approval to issue Request For Proposal RFP 2014-294-ME for Design Builder Services for The Miami Beach Convention Center Renovation and Expansion Expeditiously Upgrade the Convention Center to be Smart, Modern, Energy Efficient, and which fits Local Su Data (S Environmental Scan, etc.): N/A lssue: Shall the Citv Commission the issuance of the RFP? Item Summarv/Recommendation : The City is seeking a Design-Builder for the renovation and expansion of the Miami Beach Convention Center (MBCC or Convention Center). The Design-Builder shall be led by a construction firm (Prime Respondent). All other team members shall be a subcontractor to the Prime Respondent, and shall not be in contractual privitywith the City. The City plans to renovate and expand the MBCC to "Class A" standards. The Project is to include allexhibit halls, meeting rooms, pre-function, and support spaces such as loading docks, kitchens, bathrooms, MEP systems, and exterior areas. ln addition, the MBCC is to be expanded to accommodate a new ballroom and meeting space. The Project will also include the conversion of approximately 880 surface parking spaces into a 6.5 acre public park and refurbishment of the Convention Center Drive and the Collins Canal seawall. New parking replacing the existing spaces will be incorporated on the roof of the building. The City plans to renovate and expand the Miami Beach Convention Center under a design-build contract. The City has hired Fentress Architects as its Design Criteria Professional ("DCP'), to create a Design Criteria Package documenting the City's intent of the renovation and expansion that allows potential design-builders (i.e. proposers) to submit proposals on a common basis. The DCP's team also includes exteriorfagade architect Arquitectonica; landscape architect West 8; civil engineer Kimley Horn; structural engineers Martin & Martin; mechanical, electrical & plumbing engineers M-E Engineers, lnc.; acoustical engineers D.L. Adams; code consultant Rolf Jensen & Associates, lnc.; traffic engineer The Corradino Group; lighting designer lllume; signage consultant TKD; vertical transportation consultant Lerch Bates, lnc.; food service consultant William Caruso Associates; cost estimator Rider Levett Bucknall; and parking consultant Walker Parking. The project will be overseen by a dedicated City Project Manager, and augmented by the Owner's Representative team. Fentress has completed the schematic design for the project. This schematic design will be further developed through the DCP's design development phase. RECOMMENDATION the issuance of the RFP. Financial lnformation: Financial lmpact Summary: N/A Alex Denis, Director Ext # 6641 l-qrs: Debartment Director Assistant Gitv Manaqer City Manager n ooVO MH t'*KGB_ Mr(w rrm--=sk{ T:\AGENDAYOl4\July\Procurement July 30\MBCC\RFP-2O14-294-ME Design Builder - SUMMARY.doc RzBAGENDA ITEME MIAMIBEACH D^re 1- L3-lLl62 g MIAMIBEACH 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 of rsston FROM: Jimmy L. Morales, City Ma DATE: July 30, 2014 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) 2014.294.ME FOR DESIGN.BUILDER SERVICES FOR THE M!AM! BEACH CONVENTION CENTER RENOVATION AND EXPANSION BACKGROUND / ANALYSIS The City is seeking a Design-Builder for the renovation and expansion of the Miami Beach Convention Center (MBCC or Convention Center). The Design-Builder shall be led by a construction firm (Prime Respondent). The Prime Proposer shall be the entity which shall enter into a contract with the City, should this RFP result in award. All other team members shall be a subcontractor to the Prime Respondent, and shall not be in contractual privity with the City. The City is seeking proposals from capable Design-Build firms interested in submitting a proposal for the Project. The Prolect includes: 1) the complete renovation of the Convention Center with an expansion of a ballroom and auxiliary spaces; 2) parking above portions of the Convention Center; 3) exterior landscaping and a 6.5 acre public park; 4) a renovation of Convention Center Drive, including relocation of utilities; and 5) replacement of the seawall along the south side of the Collins Canal. The City plans to renovate and expand the MBCC to "Class A" standards, in a manner that best meets the needs of the target market, within the available funds for the Project. ln general, the Project is to include all exhibit halls, meeting rooms, pre-function, and support spaces such as loading docks, kitchens, bathrooms, MEP systems, and exterior areas. ln addition, the MBCC is to be expanded to accommodate a new ballroom and meeting space. The Prqect will also include the conversion of approximately 880 surface parking spaces into a 6.5 acre public park and refurbishment of the Convention Center Drive and the Collins Canal seawall. New parking replacing the existing spaces will be incorporated on the roof of the building. Design Criteria Package The City plans to renovate and expand the Miami Beach Convention Center under a design-build contract. The City has hired Fentress Architects as its Design Criteria Professional ("DCP'), to create a Design Criteria Package documenting the City's intent of the renovation and expansion that allows potential design-builders (i.e. proposers) to submit proposals on a common basis. The DCP will be responsible for designing and documenting the renovation and expansion program through the design development stage (30% drawings), commonly referred to as "bridging documents". The DCP will also assist with the evaluation of the proposals, and monitoring compliance to designs and specifications throughout the Pqect construction documents phase and construction process. The DCP's team also includes exterior fagade architect Arquitectonica; landscape architect West 8; civil engineer Kimley Horn; structural engineers Martin & Martin, mechanical, electrical & plumbing engineers M-E Engineers, lnc.; acoustical engineers D.L. Adams; code consultant Rolf Jensen & Associates, lnc.; traffic engineer The Corradino Group; lighting designer lllume; signage consultant TKD; vertical transportation consultant Lerch Bates, lnc.; food service consultant William Caruso Associates; cost estimator Rider Levett Bucknall; and parking consultant Walker Parking. The City has engaged Strategic Advisory Group (SAG) to act as its Project Consultant. 63 RFP 2014-294-ME for Design Builder Services for The Miami Beach Convention Center Renovation and Expansion - July 30,2014 Page 2 Project Oversight The project will be overseen by a dedicated City Prolect Manager, and augmented by the Owner's Representative team. The City and Owneds Representative will be assisted by a dedicated on-site architect from the Design Criteria Professional team (Fentress Architects) The primary role of the Owner's Representative will be to ensure the City receives a Center renovation and expansion consistent with the Design Criteria Package in a timely manner for the agreed upon price. The Owner's Representative will have on-site dedicated staff to monitor the Design-Builder. The Design-Builder will be responsible for managing the project and the owner's representative will monitor. The City and Owner's Representative will be assisted by a dedicated on-site architect from the Design Criteria Professional's team. Concept Program and Schematic Design Fentress has completed the schematic design for the prolect. This schematic design will be further developed through the DCP's design development phase. Phasing and Schedule Prolect Phasing will be a critical component of the selected Design-Builder's services. The City has adopted a Construction Booking Policy, whereby half of the Convention Center is to remain open at any given time to accommodate certain Convention Center events. Phase One will focus on renovating the north half of the MBCC exhibition hall and eastern concourse, while beginning construction of the new ballroom. During this period the southem half of the MBCC exhibition hall, western concourse, and meeting rooms will remain open for events. Once completed, the new northern facility will open and the southern portion and western concourse will be closed for renovation. Under an idealschedule, Phase One would be completed by November 16, 2016, to enable Art Baselto utilize the entire Convention Center (with the exception of the new ballroom). Until the new ballroom is available, the City desires to reserve an area of the P-Lot for use as temporary exhibit space, of up to 60,000 square feet, for a tented structure. Phase Two would begin on December 10, 2016, and would be completed by November 21,2017, to host the next Art Basel. ln any event, the entire Convention Center must be available for the Art Basel events and construction will halt during that event and its move in/out period. Site work and other exterior renovations will likely begin in 2015, prior to the 2015 Art Basel event. Moreover, landscaping, the park, and Convention Center drive will likely occur after the 2017 event. MAJOR RFP REQUIREMENTS 1. MINIMUMQUALIFICATIONS Please Reference Section 0500, RFP 2014-294-ME. 2. SUBMITTAL REQUIREMENTS Please Reference Section 0300, RFP 2014-294-ME. 3. CRITERIA FOR EVALUATION Please Reference Section 0400, RFP 2014-294-ME. CONCLUSION The Administration recommends the issuance of RFP 2014-294-ME for Design Builder Services for the Miami Beach Convention Center Renovation and Expansion. RECOMMENDATION The Administration recommends that the Mayor and Commission authorize the issuance of the RFP 2014- 2294-ME for Design Builder Services for the Miami Beach Convention Center Renovation and Expansion. ATTACHMENTS Attachment A: RFP 2014-294-ME for Design Builder Services for the Miami Beach Convention Center July 30\MBCC\RFP-2014-294-ME Design Builder - MEMO.doc 64 ATTACHIIE!\IT A REQUEST FOR PROPOSALS FOR DESIGN.BUILDER SERVICES FOR THE MIAM! BEACH CONVENTION CENTER RENOVATION AND EXPANSION RFP No. 2O[4-294-ME RFP ISSUANCE DATE: WEDNESDAY, JUIY 31, 2Ol4 PRE-PROPOSAI TVIEETING DATE: THURSDAY, AUGUST 14, 2014, l:3O PM PROPOSAT DUE DATE: FRIDAY, SEPTEMBER 19, 2014 BY 3:OO PM ISSUED BY: i'tril/-i.,lni,,"l i Sf AC H Morio Estevez, Assistonf Director DEPARTMENT OF PROCUREMENT MANAGEMENT,l700 Convention Center Drive, Miomi Beoch, FL 33,l39 305.673.7000 x 7490 | MorioEstevez@miomibeochfl.gov www.miomibeochfl.gov 65 TABLE OF CONTENTS PAGE 00100. GENERAL TNSTRUCTTONS TO PROPOSERS ............ ..............4 00200. DEF|N|T|ONS............. (omitred) 00300. TNSTRUCTTONS TO PROPOSERS............ ............13 00305. EVALUATTON PROCESS ............... ......17 00315. PROPOSAL SUBMISSION REQUIREMENTS ........19 APPENDIXES: A. PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT B. MBCC SCHEMATIC DESIGN C. MBCC SCHEMATIC DESIGN NARRATIVE D. INSURANCE REQUIREMENTS RFP 2014-294-ME 66 E MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wwlv. miamibeachfl. gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305.673.7490, Fax: 786.394.4006 PUBLIC NOTICE REQUEST FOR PROPOSALS (RFp) No.2014-294-ME (the "RFp") FOR DESIGN-BUILDER SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION (THE "PROJ ECT',) Miami Beach, Florida The City is seeking proposals from capable design-build firms interested in submitting a proposal for the Project. The Project includes: 1) the complete renovation of the Miami Beach Convention Center with an expansion of a ballroom and auxiliary spaces, 2) parking above portions of the Convention Center; 3) exterior landscaping and a 6.5 acre public park; 4) a renovation of Convention Center Drive, including relocation of utilities; and 5) a replacement of the seawall along the south side of the Collins Canal. A Design Criteria Package is being prepared and shall include specifications and plans for the Project. A Non-Mandatory Pre-Proposal Conference is scheduled for 1:30 p.m. on August 14, 2014 at the following location: Miami Beach Convention Center 1901 Convention Center Drive Miami Beach, Florida 33139 Hall C, 2na Floor - Room AC223/C224 Attendance (ln person or via telephone) to this meeting is not mandatory but strongly encouraged. Proposers interested in participating in the meeting via telephone must follow these steps: Web Address: https://qlobal.ootomeetinq.com/meetinq/ioin/282566237 To join the conference call: United States: +1 (786)358-5420 Access Code', 282-566-237 Additionally, interested parties are encouraged to visit the site, scheduled immediately following the Pre- Proposal Conference. Sealed in response to the Phase I of this RFP will be received by the City of Miami Beach Department of Procurement Management,3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on September 19,2014. Sincerely, Alex Denis Director, Procurement Management Department *{ )\.i l- r s I RFP 2014-294-ME 67 OIOO. 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 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 RFP, 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) if this RFP results in an award. The City utilizes PublicPurchase (www,oublicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addenda 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 a Proposal. 2. Scope of Work: The City is seeking a Design-Builder for the renovation and expansion of the Miami Beach Convention Center (MBCC or Convention Center). The Design-Builder shall be led by a construction firm (Prime Respondent). The Prime Proposer shall be the entity which shall enter into a contract with the City, should this RFP result in award. All other team members shall be a subcontractor to the Prime Respondent, and shall not be in contractual privity with the City. The City is seeking proposals from capable design-build firms interested in submitting a proposal for the Project. The Project includes: 1) the complete renovation of the Convention Center with an expansion of a ballroom and auxiliary spaces; 2) parking above portions of the Convention Center; 3) exterior landscaping and a 6,5 acre public park; 4) a renovation of Convention Center Drive, including relocation of utilities; and 5) replacement of the seawall along the south side of the Collins Canal. This RFP will be issued and awarded through a competitive proposal selection process, in accordance with the applicable requirements of the Florida Consultant Competitive Negotiation Act ("CCNA"). The selected Design- Builder will agree to a guaranteed maximum price and guaranteed completion date. The RFP shall follow a two-step, phased process. The competitive proposal selection process for will include: Design-Builder Selection - Phase I - Qualificationsr The qualification and selection of no fewer than three (3) design-build firms as the most qualified based on the qualifications, availability, and past work of the firms, including the partners or members thereof,. The short-listed proposers are anticipated to be selected in late Octoberharly November, and be considered by the City Commission on November 19, 2014.. The short-listed Proposers in Phase l, and only those Proposers, shall be authorized to proceed to Phase ll of the RFP. Design-Builder Selection - Phase ll - Proposals. The Design Criteria Package is anticipated to be completed in mid-November 2014, and present for. consideration and approvalby the City Commission on December 17,2014. r,#$ 4 I RFP 2O14-2e4-ME 68 . The Design Criteria Package, form of contract, and other requirements are anticipated to be issued to the Phase I short-listed Proposers on December 22, 2014.. The Phase ll proposals are anticipated to be due on Februarv 2l ,2015.. City staff, City consultants, the Design Criteria Professional (Fentress Architects) and the City's Owne/s Representative will complete the technical review of the Phase ll proposals in March and early April 2015.o The short-listed Proposers will be interviewed by a selection committee in early April 2015. The criteria, procedures and standards forthe evaluation of the Phase ll proposals will be based on schedule, technical and design aspects, and price of the Project, weighted for the Project. (See Section V for the points allowed for each criteria). The selected Phase ll proposal is anticipated to be approved by the City Commission in mid-April2015. Background Owned by the City of Miami Beach, the Convention Center (or MBCC) is a significant economic generator for the City, and the region. Originally built in 1957, the MBCC encompassed 108,000 square feet. ln 'tg68, an additional 130,500 square feet of exhibit space was added, with additional support facilities subsequently constructed in 1g74. ln 1986, as the demand for exhibition space increased, the facility underwent a $92 million renovation and doubled in size to its current footprint of approximately 1.2 million square feet, including approximately 502,000 square feet of exhibition space and 126,000 square feet of meeting space. Since that time, the facility has received over $50 million in continuing upgrades. The MBCC currently hosts approximately 145 events, annually, including internationally recognized events such as Art Basel Miami Beach. lt also hosts rotating conventions, meetings, and a number of annual trade shows. The City plans to renovate and expand the MBCC to "Class A" standards, in a manner that best meets the needs of the target market, within the available funds for the Project. ln general, the Project is to include all exhibit halls, meeting rooms, pre-function, and support spaces such as loading docks, kitchens, bathrooms, MEP systems, and exterior areas. ln addition, the MBCC is to be expanded to accommodate a new ballroom and meeting space. The Project will also include the conversion of approximately 880 surface parking spaces into a 6.5 acre public park and refurbishment of the Convention Center Drive and the Collins Canal seawall. New parking replacing the existing spaces will be incorporated on the roof of the building. For a complete narrative of the scope of the project, refer to Appendix C. Design Criteria Package The City plans to renovate and expand the Miami Beach Convention Center under a design-build contract. The City has hired Fentress Architects as its Design Criteria Professional ('DCP'), to create a Design Criteria Package documenting the City's intent of the renovation and expansion that allows potential design-builders (i.e. proposers) to submit proposals on a common basis. The DCP will be responsible for designing and documenting the renovation and expansion program through the design development stage (30% drawings), commonly referred to as "bridging documents". The DCP will also assist with the evaluation of the proposals, and monitoring compliance to designs and specifications throughout the Project construction documents phase and construction process. The DCP's team also exterior fagade architect Arquitectonica; landscape architect West 8; civil engineer Kimley Horn; structural engineers Martin & Martin; mechanical, electrical & plumbing engineers M-E Engineers, lnc.; acoustical engineers D.L. Adams; code consultant Rolf Jensen & Associates, lnc.; traffic engineer The Corradino Group; lighting designer lllume; signage consultant TKD; vertical transportation consultant Lerch Bates, lnc.; food service consultant William Caruso Associates; cost estimator Rider Levett Bucknall; and parking consultant Walker Parking. The DCP has completed the conceptual and schematic design and a construction design narrative for the Project. (See Appendix B and C). The design will be further developed through the DCP's design development process. RFP 20t 4-294-ME 69 Project Oversight The City has engaged Strategic Advisory Group (SAG) to act as its Project Consultant. The Project will be overseen by a dedicated City Project Manager, and augmented by the Owne/s Representative. The City is issuing an RFP for Owne/s Representative services, and it is the City's goal to have the Project Owne/s Representative in place by late October 2014. The prlmary role of the Owne/s Representative will be to ensure that the City receives a Project consistent with the Design Criteria Package, in a timely manner and for the agreed upon price. The Owne/s Representative will have on-site dedicated staff to monitor the selected Design-Builder. The City and Owne/s Representative will be assisted by a dedicated on-site architect from the Design Criteria Professional's team. Phasing and Schedule Project Phasing will be a critical component of the selected Design-Builder's services. The City has adopted a Construction Booking Policy, whereby half of the Convention Center is to remain open at any given time to accommodate certain Convention Center events. The Phase One will focus on renovating the north half of the MBCC exhibition hall and eastern concourse, while beginning construction of the new ballroom. During this period the southern half of the MBCC exhibition hall, western concourse, and meeting rooms will remain open for events. Once completed, the new northern facility will open and the southern portion and western concourse will be closed for renovation. Under an idealschedule, Phase One would be completed by November 16,2016, to enable Art Baselto utilize the entire Convention Center (with the exception of the new ballroom). Until the new ballroom is available, the City desires to reserve an area of the P-Lot for use as temporary exhibit space with a tented structure. Phase Two would begin on December '10, 2016, and would be completed by November 21, 2017 , to host the next Art Basel. ln any event, the entire Convention Center must be available for the Art Basel events and construction will halt during that event and its move in/out period. Site work and other exterior renovations will likely begin in 20'15, prior to the 2015 Art Basel event. Moreover, landscaping, the park, and Convention Center drive will likely occur after the 2017 event. Miamt Beach Convention Center Phasing Schedule 1 I 3 4 5 5 7 8 9 101112131415151718t9202!2223242526272A29 3031323334 No(h Erhlbtim Hall Rmovalon o 6&t.(E -- sel South €rhbtion Hall Rsovaton se lll I/4wstLon(ourseRendatro ---.-----...---- li v of Miami Beach City Staffl_ StrategkAdvisryGroup, East Comouse Reovatron NEw galfoom (:.n+nrdion o m @t o Gdt a odt 3/4 Wst Concour.eRenovahm P'Lot Park Con!stion hterOrive o I nre 2ot4-294-ME 70 6. Concept Design Cost Estimate The DCP and its cost estimator have estimated the Project hard costs, based on the conceptual design drawings and narratives, to total $349 million, excluding mark-ups for general conditions, contractor/design-builder fees, insurance/bonds, contingencies, and any other soft costs. 7. Minimum Requirements: ln order for proposals to be deemed responsive, Proposers must meet the minimum requirement set forth herein. Non-responsive proposers will be disqualified from consideration. ProposalTeam Members 1. Phase I - Team members for the Phase I submittal must include the Prime Respondent (who shall be the entity entering into contract with the City), and, at a minimum, the following subcontractors: Convention Center Designer; and Landscape Designer. Other design subcontractons may be included but are not required. L Phase ll - ln addition to those required under Phase l, the Phase ll submittal must include key construction subcontractors representing 10% or more of the hard cost budget. 3. Prime Respondenta. The Prime Respondent, as the General Contractor for the Project, must have completed at least two (2) projects with Hard Construction Costs of at least $250 million within the last 10 (ten) years. ln addition, the Prime Respondent, as a general contractor under design-build or other form of construction contract, must have built or renovated at least two (2) convention centers with at least 250,000 square feet of exhibition within the last 10 (ten) years. b. The Prime Respondent must be licensed to work in Florida as a General Contractor by the Proposal Due Date. 4. Lead Project Manager - The Prime Respondent's lead project manager for this Project must have managed one (1) project with Hard Construction Costs of at least $250 million under a design-build contract within the last 10 (ten) years, and must have managed the construction or renovation of at least one (1) convention center with at least 250,000 square feet of exhibition space within the last 10 (ten) years. 5. The Convention Center Designer must have been the architect of record and completed construction documentation for at least two (2) convention centers with at least 250,000 square feet of exhibition space within the last ten (10) years. 6. Landscape Deslgner - ldentify firm or entity. For purposes of this RFP, "Hard Construction Costs" shall be defined as the cost of work, excluding mark-ups for general conditions, contractor/design-builder fees, insurance/bonds, and any other soft costs. 8. Anticipated RFP Timetable. The tentative schedule for this solicitation is as follows: Phase I - Qualifications RFP lssued July 31, 2014 Pre-Submittal Meeting August 14, 2014 @ 1:30 PM Deadline for Receipt of Questions September 9,2014 Responses Due September 19,2014 Selection Committee Meeting to Shortlist October 9,2014 Selection Committee Meeting to lnterview October 23124,2014 z I nre 2014-294-ME 71 Commission Approval to Shortlist November 19,2014 Phase ll - Proposals Solicitation lssued to Short-Listed Proposers December 22,2014 Pre-Submittal Meeting January 8, 2015 Deadline for Receipt of Questions January 18, 2015 Proposals Due February 27 ,2015 Selection Committee Meeting to lnterview March 26, 2015 Commission Approval of Final Proposer April 15, 2015 9. Proposal Submission: One (1) unbound original proposal must be received on or before the date stipulated herein for the receipt of proposals. Additionally, twenty (20) bound copies as well as a CD or flash drive copy of the complete proposal are to be submitted to the City. The original proposal and all copies must be submitted to the Department of Procurement Management in a sealed envelope or container stating on the outside, the Proposer's name, address, telephone number, RFP number, title, and due date. Any proposals received after time and date specified will be returned to the Proposer unopened. The responsibility for submitting a proposal before the stated time and date is solely and strictly the responsibility of the Proposer. The City is not responsible for delays caused by mail, courier service, traffic, weather or any other occurrence. 10. Procurement Contact: Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e- mail: RafaelGranado@miamibeachflqov ; or facsimile: 786-394-4188. The RFP title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date Proposals are due as scheduled in the Solicitation Timeline. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. Procurement Contact: Maria Estevez Telephone: 305-673-7490 Email: mestevez@miami beachfl. gov 11. Pre-Proposal Conference: A Pre-Proposal Conference is scheduled for 1:30 p.m. on Auqust 14,2014 al'. Miami Beach Convention Center 1901 Convention Center Drive Miami Beach, Florida 33139 Hall C, 2nd Floor - Room AC2231C224 Attendance (in person or via telephone) to this meeting is not mandatory but strongly encouraged. Proposers interested in participating in the meeting via telephone must follow these steps: Web Address: httos:/lqlobal,qotomeetinq.com/meeti nq/ioin/282566237 To join the conference call: United States: +1 (786)358-5420 Access Code: 282-566-237 Additionally, interested parties are encouraged to attend the site visit scheduled immediately following the Pre-Proposal Conference. s I RFP 2014-294-ME 72 12. Pre-Proposal lnterpretations: 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 PubticPurchase must regisier immediately wilh PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal. 13. DCP Documents: The DCP for this Project shall be available in digltal format on CDs, Please call Maria Estevez at 305.673.7000 ext. 7490, or e-mail mestevez@miamibeachfl.oov to secure a CD. The cost for these CDs is $20. One may purchase a CD through the Finance Cashier located on the 1d Floor in City Hall. Please make reference of the RFP and project number and name to the Finance Cashier. After purchase, CDs are to be collected by the Proposer at the Procurement Office located on the 3rd Floor in City Hall with presentation of receipt from the Finance Cashier. 14. Cone Of Silence. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the"Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=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. 15. Modification / Withdrawals Of Responses A proposer may submit a modified response to replace all or any portion of a previously submitted response up until the due date and time. Modifications received after the response due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the due date, or after expiration of 120 calendar days from the opening of responses without a contract award. Letters of withdrawal received after the response due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 1 6, RFP PostponemenUCancellation/Rejection The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP. 17.Costs Incurred by Proposers All expenses involved with the preparation and submittal of responses, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the respondent, and shall not be reimbursed by the City. 18. 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 response, 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 r I nre 2014-294-ME 73 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). 19. Florida Public Records Law: Proposers 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(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the responses, whichever is earlier. Additionally, in the event an agreement is entered into with a proposer pursuant to this RFP, proposer agrees to be in full compliance with Florida Statute 119,0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 20. Negotiations: The City reserves the right to enter into further negotiations with the selected respondent. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected proposer in the event the parties are unable to negotiate a contract. lt is also understood and acknowledged by proposers that by submitting a response, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. 21. Protest Procedure: Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 22. Observance Of Laws: Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title Vll of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). lgnorance of the law(s) on the part of the proposer will in no way relieve it from responsibility for compliance. 23. Default: Failure or refusal of the selected proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the proposer from the City's vendor list. 24. Conflict Of lnterest: All proposers must disclose, in their response, 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 ro I RFP 2014-294-ME 74 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. 25. Respondent's Responsibility: Before submitting a response, each proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the respondent. 26. Relationship to The City: It is the intent of the City, and proposers hereby acknowledge and agree, that the selected Proposer is considered to be an independent contractor, and that neither the respondent, nor the respondent's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 27. Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public 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 public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 28. Compliance with The City's Lobbyist Laws: This RFP is subject to, and all proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 29. Cone of Silence: This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. 30. Debarment Ordinance: This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No, 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). 31. Compliance with the City's Campaign Finance Reform Laws: This RFP is subject to, and all 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 responses, in the event of such non-compliance. 32. Code of Business Ethics: Pursuant to City Resolution N0.2000-23879, the proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code rr IRFP 2O\4-294-ME 75 shall, at a minimum, require the respondent, 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. 33. American with Disabilities Act (ADA): Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please callthe Public Works Department, at 305-673-7000, Extension 2984. 34. 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 response. 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. 35. Soecial 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=2351 0 . CONE OF SILENCE . .. CITY CODE SECTION 2-486. PROTEST PROCEDURES. CITY CODE SECTION 2-371. DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3. LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES..... CITY CODE SECTIONS 2481 THROUGH 2-406 o CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENTISSUES......... CITYCODESECTION24SS. REQUIREMENT FOR CITY CONTMCTORS TO PROVIDE EQUAT BENEFITS FOR DOMESTIC PARTNERS . . . CITY CODE SECTION 2-373 . LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 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 0RD|NANCE.... CITY CODE SECTION 70-300. ACCEPTANCE 0F 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 shall apply. 12 | RFP 2014-2e4-ME 76 OO2OO. DEFINITIONS: Omitted. OO3OO. INSTRUCTIONS TO PROPOSERS: 1. Pre-Prooosal lnteroretations: Only questions answered by written Addenda will be binding and may supersede terms noted in this RFP. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the RFP are to be directed to the City's Procurement Director or designated representative in writing. 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 the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of proposals. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to original proposal opening date stipulated in this solicitation. 2. Joint Ventures: Joint Ventures are not allowed. The City will contract with the Prime Contractor only. Proposals shall be submitted by the Prime Contractor only. However, proposals may include other sub- contractors or sub-consultants to the Prime Contractor, provided, however, that, at a minimum proposers must include and identified the Convention Center Designer and Landscape Designer as part of their Phase lsubmittal. 3. Printed Form of Proposal: All proposals must be made upon the blank Proposal Tender Form herein and must give the price in strict accordance with the instructions thereon. The proposal must be signed and acknowledged by the Proposer in accordance with the directions on the proposal form. 4. Acceptance or Reiection of Prooosals: (-) Subject to Paragraph 8 on page 11 thereof, 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 proposal opening date. A Proposer may not withdraw its proposal unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of proposal opening. A Proposer may withdraw its proposal after the expiration of one hundred twenty ('120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Contract by the City Commission. 5. Determination Of Award: Pursuant to F,S. 2Bl .055, the City shall first consider the qualifications of firms through the process outlined in Section 0305, Evaluation of Process. The Evaluation of proposals shall proceed in a two-phase process: A. Phase I - Proposals will be evaluated in accordance with the criteria established in Section 0305 for Phase I Evaluation. Following the Phase I Evaluation Process, the City Manager may recommend to the City Commission on or more respondents to be considered in Phase ll. The number of respondents recommended to be short-listed for consideration in Phase ll is solely at the discretion of the City Manager. B. Phase ll - Short-listed Proposals will be evaluated in accordance with the criteria established in Section 0305 for Phase ll Evaluation. The results of both Phase I and Phase ll evaluations will be considered by the City Manager who may recommend to the City Commission the respondent(s) he deems to be in the best interest of the City, or may recommend rejection of all responses. 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: rs I RFP 2O|4-294-ME 77 6. a) The ability, capacity and skill of the proposer to perform the contract, b) Whether the proposer can perform the contract within the time specified, without delay or interference. c) The character, integrity, reputation, judgment, experience and efficiency of the respondent. d) The quality of performance of previous contracts. e) 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 for each phase and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another proposer (or proposers) which it deems to be in the best interest of the City, or it may also reject all responses. Once the Phase ll ranking is approved by the City Commission, the City will enter into contract negotiations with the top ranked firm. lf the City and selected firm cannot agree on contractual terms, the City will terminate negotiations and begin negotiations with the next ranked firm, continuing this process with each firm in rank order until agreeable terms can be met or the procurement is terminated. Contract negotiations and execution will take place as quickly as possible after selection. Performance Evaluation: An interim performance evaluation of the successful proposer may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is fonruarded for approval. ln either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful proposer. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful proposer for future proposals with the City. Postoonement of Date for Presentinq and Ooeninq Proposals: The City reserves the right to postpone the date for receipt and opening of proposals and will make a reasonable effort to give at least five (5) calendar days written notice of any such postponement to each prospective proposer. Qualifications of Proposers: Proposals shall be considered only from Proposers which submit their proposal by the proposal's due date; proposers who meet the "Minimum Requirements"; and proposers that submit all required documentation as requested under this solicitation. ln determining a proposer's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the proposer, the propose/s record with environmental regulations, and the claims/litigation history of the proposer. The City reserves the right to consider third-party information (e.9., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to proposal opening. All addenda and other 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. 8. I 10. rr I nre 2o14-294-ME 78 11.Environmental Requlations: The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a propose/s responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the RFP including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or othenrvise, City, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of City, 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. Veteran Business Enterprises: Pursuant to City of Miami Beach Code Section 2-374, lhe City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive Proposal amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. Eoual Benefits Code Provision: Proposers are advised that this RFP 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. B. On contract amounts of $500,000 or less, the bond provisions of Section 287.0935, Florida Statutes (1985) shall be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by:1. Providing evidence that the surety has twice the minimum surplus and capital required by the Florida lnsurance Code at the time the solicitation is issued;2. Certifying that the surety is otherwise in compliance with the Florida lnsurance Code; and 12. 't3. 14. 15. rs t nre 2014-294-ME 79 C. D. E. 3. Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under SS. 31 USC 9304-9308. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury entitled "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount shall not exceed the undenrrrriting limitations as shown in this circular. For contracts in excess of 500,000 the provisions of Section B will be adhered to plus the company must have been listed for at least three consecutive years, or holding a valid Certificate of Authority of at least 1.5 million dollars and on the Treasury List. Surety Bonds guaranteed through U.S. Government Small Business Administration or Contractors Training 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 City of Miami Beach will be acceptable. All interest will accrue to the City of Miami Beach during the life of this contract and/or as long as the funds are being held by the City of Miami Beach. The attorney-in{act 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. 16 I RFP 2O|4-294-ME 80 OO3O5. EVALUATION PROCESS PHASE I EVALUATION PROCESS 1. 2. Two Step Evaluation. The evaluation of responsive proposals will proceed in a two-step process. The first step (Step 1) will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step (Step 2) will consist of quantitative criteria established below to be added to the first step scores by the Procurement Management Department. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements set forth in this solicitation. lf further information is desired, proposers may be requested to make additional written submittals and/or oral presentations to the Evaluation Committee. The evaluation of responses will proceed in a two-step process, as set forth below, Step 1 will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. Step 2 will consist of the quantitative criteria established below, to be added to the Evaluation Committee results by the Department of Procurement Management. Phase I / Step 1 Evaluation (100 Points). The Evaluation Committee shall meet to evaluate each response in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may: a. Review and score all responses received utilizing the Weighted Criteria b, Short-list proposers to be further considered in oral presentations c. lnterview selected proposers d. Re-score interviewed proposers utilizing the Weighted Criteria e. Recommend to City Manager no less than three (3) proposers to be short-listed for Phase ll Proposers will be evaluated on the following Weighted Criteria . Organization Plan (10 points). Prime Proposer experience and qualifications (20 points). Prime Proposer experience with maintaining operations during the construction process (25 points) o Convention Center Designer experience and qualifications (15 points). Landscape Designer experience and qualifications (10 points). Financial capability (15 points). Responses to forms (5 points) Phase I / Step 2 Evaluation (10 Points). Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. o Veterans and State-Certified Service-Disabled Veteran Business Enterprise (5 points) 3 rr I nre 2014-294-ME 81 4. Determination of Phase I 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: Committee Member'1 Step 1 Points 82 76 80 Step 2 Points 10 7 5 Total 92 84 85 Rank 1 3 2 Committee Member2 Step 1 Points 90 B5 72 Step 2 Points 10 7 5 Total 100 92 79 Rank 1 2 3 Committee Member 2 Step 1 Points 80 74 bb Step 2 Points 10 7 5 Total 90 81 72 Rank 1 2 3 PHASE II EVALUATION PROCESS Evaluation (100 points). An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each short-listed response in accordance with the criteria established herein. In doing so, the Evaluation Committee will: a. lnterviewshort-listed proposers b. Score proposers utilizing the Weighted Criteriac. Recommend to City Manager the top ranked respondent Proposers will be evaluated on the following Weighted Criteria:. Project Schedule - shortest duration while meeting event requirements and within reasonable parameters as acceptable and at the sole discretion of the City. (40 points). Lowest Guaranteed Maximum Price - strictly adhering to the Design Criteria Package and including any City accepted Voluntary Alternate Proposals (35 points). Construction Logistics Plan that best accommodates MBCC and minimizes impact on surrounding area (10 points)o Organization Plan / Personnel (5 points). Key Construction Subcontractor Experience (5 points). Approach & Methodology Plan (5 points) Following the Phase ll Evaluation Process, the City Manager may recommend to the City Commission on or more respondents with whom to commence negotiations. The number of respondents recommended to be short-listed for consideration rn Phase ll is solely at the discretion of the City Manager. rE I RFP 2014-294-ME 82 00315. PROPOSAL SUBMISSION REQUIREMENTS L FORMAT FOR SUBMITTAL. Proposal packages must contain all the information requested in the following documents, each fully completed, and signed as required, Proposal packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed non-responsive. The City reserves the right to request any documentation omitted, with exception of the Proposal Price form. Proposer must submit the documentation within three (3) calendar days upon request from the City, or the proposal may be deemed non-responsive, Non-responsive proposal packages will receive no further consideration. Proposers may not dictate the circumstances under which the documents are deemed to be confidential. Only the State Legislature may determine which public records are subject to disclosure and which are not. Moreover, a private party cannot render public records exempt from disclosure merely by designating as confidential the material it furnishes to the City. The desire of the private party to maintain privacy of certain materials filed with the City is of no consequence unless such materials fall within a legislative created exemption to Chapter 119, Florida Statutes. 2. CONTENTS AND FORMAT OF PROPOSAL. To facilitate review of proposals, proposers are requested to submit proposals in the format stipulated in this section, including clearly identifying each proposal section (tab). PHASE I RESPONSE FORMAT ln order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of responses, it is recommended that responses be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittals should be bound and 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. Proposers should prepare their submittal on 8.5 x 11 paper. Please feel free to include other materials, such as covers, appendices, brochures, etc. at your discretion. The recommended number of pages the City desires for each submittal item is indicated below. These are recommendations only and actual pages may exceed the recommendation. The City reserves the right to require additional information to determine financial capability. Proposer shall have ten ('10) calendar days respond to such a request. 1. Cover Page, Letter, and Table of Contents. The cover letter must indicate Prime Proposer and be signed by same. 2. Proposal Overview. Provide a brief summary describing your firm's, experience and qualifications, staff that will be assigned to this project, and any other relevant information. (recommend 2-3 pages) 3. Minimum Requirements: Submit verifiable information documenting compliance with the Minimum Requirements in Section 0100, Paragraph 7, Pages 7-8 of the RFP. a. Prime Respondent (recommend 1 page) b. Convention Center Designer (recommend 1 page) c, Convention Center Landscape Designer (recommend 1 page) d. Prime Respondent's Lead Project Manager (recommend 1 page) Prime Proposer shall submit a design-build team organizational structure that has a sufficient number of professionals and other personnel to perform the work, including: r? | RFP 2ot4-294-ME 83 An organizational chart depicting the structure and lines of authority and communication. A narrative that describes the intended structure regarding project management, accountability and compliance with the terms of the RFP. ldentify all key personnel, including the Project Manager, who will be assigned to the Project and their intended functions and responsibilities. Also indicate the percentage of time commitment of each key person on this Project. Resumes of the team's key personnel who will be assigned to the Project that demonstrate their experience and qualifications, education and performance record. Prime Experience & Qualifications Qualifications of Proposing Firm. Describe experience and qualifications of the Prime Respondent in providing the services detailed herein. 1. Company lnformation: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. (recommend '1 page) 2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience and qualifications with the services detailed herein. Provide a table that includes the following information: project name, type of project (convention center, airport, etc.), convention center square feet if applicable, the years constructed, hard costs, and whether a design-build project for your flrm or construction only. (recommend 1 page) 3. Relevant Experience: Summarize '10 (ten) of the company's most similar projects of comparable size and scope where similar services to those described in this RFP have been provided. Please list similar convention center projects first followed by other relevant propct experience. (Recommend 'l page per project) For each project include: a. Project name and location b. Project description c. Years project constructed (or "Under Construction") d. Project hard cost e. lf convention center, indicate gross square feet constructed, exhibit hall square feet, ballroom square feet, meeting room square feet f. lndicate whether your role was construction manager (no risk), construction manager at risk, GMAX contract, or design-builder g. lf applicable, a brief description of how the Prime Proposer maintained operations while under construction h. The names of the key project managers, highlighting any individuals who will also work on this prolect i. Reference contact information Qualifications of Proposing Firm. Describe experience and qualifications in providing construction documentation for convention centers. L Company lnformation: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. (recommend 1 page) 2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience with preparing construction documentation for convention centers. Provide a table to include the following information: convention center name, exhibit square feet, ballroom/meeting square feet, renovation or new build, year design completed, and the hard cost budget. (recommend 1 one page) 20 I RFP 2014-294-ME 84 3. Florida Registration: Provide evidence of professional registration pursuant to Chapter 287,055, Florida Statues, the Consultants Competitive Negotiations Act (CCNA). 4. Experience: Summarize five (5) of the company's most similar convention center projects where construction documentation was provided. (recommend 1 page per project) For each project include: a. Convention center name and location b. Project description c. Convention center exhibit square feet, ballroom square feet, meeting square feet d. Project hard cost e. Architect of record (firm name) f. lndicate whether project was a new build and/or renovation g. Years project designed (or "Under Design") h. The names of the key project architects, highlightlng any individuals who will also work on this project i. Reference contact information Qualifications of Proposing Firm. Describe experience and qualifications in providing construction documentation for parks and large landscape areas. 1. Company Information: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. (recommend I page) 2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience with preparing construction documentation for parks and other significant landscape projects. Provide a table to include the following information: park name, square feet of pro1ect, year design completed, and the hard cost budget. (recommend 1 page) 3, Relevant Experience: Summarize five (5) of the company's most similar landscape prolects where construction documentation was provided. (recommend 1 page per project) For each project include: a. Project name and location b. Project description c. Park size (square feet) d. Architect of record (firm name) e. Years project designed (or "Under Design") f. The names of the key project architects, highlighting any individuals who will also work on this project g. Reference contact information h. Project hard cost Provide a list of any other key team members, For each team member provide a description of their role and a summary of the relevant qualifications and experience (recommend 3 pages per team member). Audited Financial Statement: Provide the Prime Respondent's most recent annual reviewed/audited financial statement with the audito/s notes. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). 2r I RFP 2014-294-ME 85 Bonding Capacity: Provide evidence that the Prime Respondent has adequate bonding capacity for construction of the Project. Proposers shall provide proof of its bonding capacity by a statement from a Surety firm rated by AM Best as to be no less than A- (Excellent). The statement of bonding capacity shall be directly from the Surety firm on its official letterhead and signed by an authorized agent of the firm. Dun & Bradstreet: The Prime Proposer shall pay D&B to send the Supplier Qualifier Report (SQR) to the City through electronic means, emailing to MariaEstevez@miamibeachfl.gov. The cost of the preparation of the D&B report shall be the responsibility of the Respondent, The proposer can request the reportfrom D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servleUsupplierPortal?storeld=11696 Provide Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. The Certification, Questionnaire & Requirements Affidavit (Appendix A) must be signed by the Prime Respondent. Other Provide any other information the Prime Proposer believes will help the City understand the team's capabilities. PHASE II RESPONSE FORMAT Following City Commission selection of the short-listed proposers pursuant to Phase ll of the RFP, the short-listed proposers will be required to prepare a detailed proposal for the Project. The Design Criteria Package is to be completed in mid-Novemberand planned to be approved by City Commission on December 17,2014. The Design Criteria Package, form of contract, and other requirements are planned to be issued to the Phase I short-listed proposers on December 22,2014, and proposals are planned to be due on February 27,2015. ln order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of responses, it is recommended that responses be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittals should be bound and 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. Proposers should prepare their submittal on 8.5 x 11 paper. Please feel free to include other materials, such as covers, appendices, brochures, etc. at your discretion. The recommended number of pages the City desires for each submittal item is indicated below. These are recommendations only and actual pages may exceed the recommendation. Due Diliqence and Site lnsoections: lt is the responsibility of each Proposer, before submitting the Phase ll proposal, to: . Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work;. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award;. Study and carefully correlate Proposer's observations with the RFP; and The submission of a proposal shall constitute an incontrovertible representation by proposer that proposer has complied with the above requirements and understands all terms and conditions for performance and furnishing of the Work, The City reserves the right to require additional information to determine financial capability. Proposer shall have ten (10) calendar days respond to such a request. 22 | RFP 2014-294-ME 86 Prime Proposer shall submit an updated design-build team organizational structure that has a sufficient number of professionals and other personnel to perform the work, including: 1. An organizational chart depicting the structure and lines of authority and communication. A narrative that describes the intended structure regarding project management, accountability and compliance with the terms of the RFP. 2. ldentify all key personnel who will be assigned to the Project and their intended functions and responsibilities. Also indicate the percentage of time commitment of each key person on this Project. 3. Resumes of the team's key personnel who were not provided in the Phase I response to this RFP. Qualifications of Proposing Firm(s). For each key construction subcontractor representing 10% or more of the hard cost budget, describe experience and qualifications as detailed below. 1. Company lnformation: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. (recommend 1-2 pages) 2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience and qualifications with the Services detailed herein. Provide a table to include the following information: project name, type of project (convention center, airport, etc.), convention center square feet if applicable, the years constructed, and subcontractor hard costs. (recommend 1 page) 3. Relevant Experience: Summarize 5 (five) of the company's most similar projects of comparable size and scope where similar construction services have been provided. Please list similar convention center projects first followed by other relevant project experience. (recommend 1 page per project) For each project include: a. Project name and location b. Project description c. lf convention center, indicate gross square feet constructed, exhibit square feet, ballroom square feet, meeting square feet d. Years project constructed (or "Under Construction") e. Reference contact information f. Subcontractor hard cost Describe the plan for designing, managing, monitoring, coordinating and constructing the Project, Provide a Project schedule and describe the plan for adherence to the critical path schedule defined therein. Also describe how the proposer will work with the MBCC manager and staff to ensure all schedule events are accommodated, and that the entire facility is available for the Art Basel dates, Describe plan on understanding the importance of the daily operation of the MBCC and address how construction staging areas, pedestrian paths, vehicular traffic patterns, etc. will be handled in order to mitigate disruption. Submit a Guaranteed Maximum Price (GMP) for delivering the completed Project consistent with the Design Criteria Package, on a date certain, while accommodating Art Basel and other events under the Construction Booking Policy. Submission of the GMP shall be included in a Pricino and Draw Schedule Form that will be 23 I RFP 2Ot4-294-ME 87 December 2014 as an addendum to this RFP. All GMP's shalltake into account that construction workers will not be allowed to park on site and shall be bussed in from a remote location. Any notice to proceed of the ultimate contract will be subject to City Commission budget appropriation. Alternate It is the goal of the City for the Prime Proposer to develop the Project consistent with the Design Criteria Package. Nevertheless, Prime Respondent is also encouraged to submit suggested alternates or "Voluntary Alternate Proposals" for the Prolect which may result in cost and/or time savings to the City. Voluntary Altemate Proposals may only be submitted in relation to alternative materials, equipment or building systems, and must maintain the design intent. The City reserves the right to utilize any Voluntary Altemate Proposal in the design and construction of the Project even though it may be a Voluntary Altemate Proposal proposed by an unsuccessful proposer. Notwithstanding the foregoing, the City will only utilize that portion of a Voluntary Alternate Proposal of an unsuccessful proposer which is not subject to a copyright or other intellectual property right of such Proposer. 24 I RFP 2O14-2e4-ME 88 APPENDIX A b .:=?MIAMIBEACH Proposo I Certificotion, auestionnoire & Req uirements Affid ovit PROCUREMENT DEPARTMENT 1700 Conveniion Center Drive Miomi Beoch, Florido 331 39 :s I nre 2014-294-ME 89 Solicitation No. 2014-294-l\AE Solicitation Title: Design-Builder Services for the Miami Beach Convention Center Renovation and Expansion Procurement Contact: Maria Estevez Tel: 305-673-7490 Email: mestevez@miamibeachfl.qov PROPOSAL CFRTIFICATION, QUESTIONNAIRE & REQUIRTMENTS 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. FIRM NAME: No of Years in Business:No ofYears in Business Locally: I No. of Employees. OTHER NAME(S) BIDDER HAS OPEMTED UNDER IN THE LAST 1O YEARS FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: IELEPHONE NO.: TOLL FREE NO.: FM NO.: FIRM LOCAL ADDRESS CITY: STATE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO,: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the 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. 26 I RFP 2014-2e4-ME 90 2. Veteran Owned Business. ls Proposer claiminq a veteran owned business status?f-l vis [-l *o 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 any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the proposer entity or any of its affiliates 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 violation, or had a contract cancelled due to non-performance by any public sector agency? [__l vrs T_l r'ro SUBMITTAL REQUIREMENT: lf answer to above is "YES," proposer shall submit a statement detailing the reasons that led to action(s). Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 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 Depa(ment 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. 3. 4. o. 2r I RFP 2014-294-ME 91 7. '10. Have you ever failed to complete any work [__l vrs 8 I Prevailing Wage: City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects:a. water, except water treatment facilities and lift stations;b. sewer, except sewage treatment facilities and lift stations'c. storm drainage;d. road construction, except bridges or structures requiring pilings; ande. beautification prolects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees to the prevailing wage requirement. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. lntentionally Omitted. 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 section. 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. awardedr to you? lf so, where and why? NO SUBMITTAL REQUIREMENT: lf yes, submit information on project, agency, agency contact and reason why contractor failed to complete work. 11. Has a surety company ever intervened to assist a governmental agency or other client of the proposer in completing work that the proposer failed to complete? l--_l ves [__l rrro SUBMITTAL REQUIREMENT: lf yes, submit owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. 12. Bankruptcy. Has the proposer 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. f-_l vrs [__l ruo ?s I RFP 2O14-2e4-ME 92 '13. 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.f-l vgs ''[l r.ro 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 Government or_subdivision or agency thereof?l-_l vrs [__l r,ro 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 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 100/o 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 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 addendum may result in proposal d isqualification. lnitialto Confirm Receiot lnitialto Confirm Receiot lnitialto Confirm Receiot Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 lf additional confirmation of addendum is required, submit under separate cover, 17. Art in Public Places (AIPP): By virtue of submitting a proposal to this RFP, Proposer affirms that is will comply with the Art in Public Places (AIPP) requirements of the City pursuant to Sections 82-536 lo 82-612 of the City Code without limitation and that any resulting project plans, designs and guaranteed maximum price (GMP) shall be fully compliant with the AIPP requirements. 14. 15. 16 ?e I RFP 2014-294-ME 93 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 rgect 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 information in this solicitation. Any reliance on these contents, or on any permifted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the 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 Governmenlin{he-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final un-appealable 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 respectthereto, such liability shallbe limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 30 | RFP 2014-294-ME 94 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 dlvulged, 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 Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative:Title of Proposer's Auhorized Representative: Signafu re of Proposer's Auttronzed Representative:Date: State of FLORIDA ) ) On this _day of _, 20_, personally appeared before me whoCountyof_) 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 3r I RFP 2ot4-294-ME 95 APPENDIX B g MIAMIBEACH MBCC Schemotic Design RFP 2014-2g4-ME DESIGN-BUILDER SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miomi Beoch, Florido 33139 sz I nre 2014-294-ME 96 '1..' ,1, o : $:09i&0' :', 'l rt o (I, 4 i t; ,5 5; U (I, I o (I,I (I,I J ir'7,i I '/. :- '/, t:o J. '- .- r-l (u . ;.. (L,iJ ' ,,.' I C3:(o,o- bo Cut)x IJ.J ,, :.1 33 I RFP 2014-294-ME 97 t: l' z I JU UJo2oouoozFt6'x,u-5i t i- /. v r. N o o I C(o o- oo C.F tn x LU il i: lui! .1 ? ;'ri I .. -, tr 5 si6tNii Y8;* s$ ig 6 u{utt f;& d d ..i1- t 7: " .t:tt ': " -i a, .".. - :1 " ;-D ir-r'I :--j -2 .. E 6." ; I E' 3 n ..9,. .p I ti " * !..4 '-.5 "8 6 i,- :l :l l. li h -1d E.p -, 6 _1't . .. .t, 8 -. :.i! i,:t ;:-t t' s t(AEt .. :F l. B.*? ;rp3 i, 3 a5 I t p & 34 | RFP 2014-294-ME 98 17h Street ts+,rtr I :'l {_! a- " iiF' f ! I r r,.r . -. :=:. i ra ! ir -szshL' o- "l=(o :f CL-*.tf- t.- Hi' & l-o EEqrc cL)o(J II i I rl r htfr i-l Ilr!i [1tt l'l i 0, o o Eo c... o .O rC o ,tr{ i a+;: - .;ti lrr ! !ii:t t;t EU!-|@ofi: _c -s86 ho q')cuo,JM Efi (EIbo UILb.gr(UEo):j iIF 0/ =cob{co 'tro E @(I, (tJo(JFOE.:O) T2 C(l)E L(c an (I,(J Eg CA C(u o- o .tsv, s5 | RFP 2014-294-ME 99 r-{ o UJ I (I' o- l-oo II o)I EDc.g fit I EI u0 C =o o_ 36 | RFP 2014-294-ME 100 r{ o oJ I C ro o- t-osII 37 | RFP 2Ot4-294-ME 101 cn o oJ I C(o o- l-oo II o ss I RFP 2014-294-ME 102 @ sr (u o I C (tr E l-oo LL 3? | RFP 2Ot4-294-ME 103 lft o oJ I C IE o- l-oo LI 40 I RFP 2Ot4-2e4-ME 104 .t, I 't t ,, . '".1 | bo t-'a fEr CL CoE(J JL-Pvl-oU ZZZ999tsFF UOUlll!trtr FFFooqtz22ooouoo rNeduuoOtt) ItIn0"o:t 4r I RFP 2014-294-ME 105 APPENDIX C g MIAMIBEACH MBCC Schemotic Design Norrotive RFP 2014-294-ME DESIGN.BUILDER SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROCUREMENT DEPARTMENT.l700 Convention Center Drive Miomi Beoch, Florido 33139 ez I nre 2014-294-ME 106 lNTRODUCTION: Owned by the City of Miami Beach, the Miami Beach Convention Center (MBCC or Convention Center) is a significant economic generator for the City and the region. Originally built in 1 957, the MBCC encompassed 108,000 square feet. ln 1968, an additional 130,500 square feet of exhibit space was added, with additional support facilities subsequently constructed in 1974, ln 1986, as the demand for exhibition space increased, the facility undenivent a 992 million renovation and doubled in size to its current footprint of approximately 1.2 million square feet, including approximately 502,000 square feet of exhibition space and 126,000 square feet of meeting space. The expanded MBCC opened in 1989. Since that time, the facility has received over 950 million in continuing upgrades. ln general, the renovation is to include all exhibit, meeting rooms, pre-function and support spaces such as loading docks, kitchens, bathrooms, systems, and exterior areas. SCOPE OF WORK: Convention Center Facility: The MBCC is to be expanded to accommodate a new ballroom and meeting space as follows: 1. New 80,000t square foot Ballroom divisible into meeting room spaces; 2. Breakout meeting space - renovated ballroom and meeting space totaling 200,0001 square feet; 3. New Rooftop Pavilion and Outdoor Function Space; 4. Parking on top of the building in two levels to accommodate at least 880 spaces; 5. Existing Building lmprovements as listed below: The specific scope of the renovation and expansion will be finalized in the Design Criteria Document Package. A minimum of 500,000 sf of Exhibit Hall space will be renovated as follows:a. Halls will be reconfigured so they can be subdivided with moveable partitions into four halls from east to west. The skywalk may be removed and a new bridge in the truss spaces above will be constructed; b. The completed Exhibit Halls A and B will be subdivided east to west with moveable partitions to create a 125,000 square foot general assembly function (similar to Old Exhibit Hall D); c. Each subdivided exhibit hall needs access to approximately nine (9) loading docks (36 in total); d. Each subdivided exhibit hall shall include the appropriate freight doors as specified by the City's operator; e. Replace exhibit hall floor to provide for the 350 pounds per square foot live load; f. Replace exhibit hall floor utility boxes and infrastructure under exhibit halls (plumbing, electrical and data/telecomm) to Class A standards; g. Replace exhibit hall air handlers and install new VFD's. 6. Existing Meeting Rooms/Pre-Function: a. Provide a general renovation of existing meeting spaces and pre-function areas including all finishes (carpet, wall coverings, ceiling, etc.) and fixtures, lighting and lighting controls, sound systems, rigging points, etc.; b. lnstallfloorpowerin C123-126 and D 128-131. 43 | RFP 2014-2e4-ME 107 7 . Existing Support Areas: a. Replace carpet throughout facility; b. Add new restrooms and expand existing to achieve the appropriate number of facilities; c. Replace all existing finishes in toilet rooms to remain; d. Construct new main kitchen facilities to meet Class A standards; e. Provide for a business center with approximately 1,500 square feet; f. Locate engineering shops and their offices in best location given hall reconfiguration; 8. lnteriorlnfrastructure lmprovements: a. Replace existing escalators; b. Replace existing elevators, including relocating/installing freight elevators driven by hall reconfiguration; c. Replace buss duct on west side interior; d. Replace exterior building envelope including exterior fagade. Provide new exterior doors and windows to withstand hurricane wind loads and impacts; e. Reroof entire convention center; f. Replace all air handlers; g. Replace roof drains to meet cunent codes; h. Replace 4 existing 1200 ton chillers and add one 1200 ton chiller; i. Refurbish existing cooling towers; j. Replace chilled water piping; k. Assess and replace/improve all life safety function's including fire sprinkler pump replacement, fire sprinkler valve room replacement, and fire panel replacement to include strobe lighting; l. Replace emergency generator; m. Replace cooling tower piping; n. Chilled water insulation replacement; o. Chilled water valve replacement; p. Upgrade compressed air system; q. Reduce humidity and condensation problems within the building; r. Replace exhaust fans, s. Replace exterior sidewalk, stairs and handrails; t. Replace all existing interior doors and hardware, including card swipe locking system; u. Replace electrical gear. 9. Sustainability lmprovements - Attain LEED Silver certification per City code. Advise on and implement viable sustainability measures within the facility. 44 | RFP 2014-294-ME 108 10. Technology: a. Add a Distributed Antenna System (cell phones); b. Add 800 HTZ first responder radio reinforcement system; c. Expand Wi-Fi to entire facility; d. Add digital read boards throughout facility for meeting rooms, exhibit halls; e. Add exterior signage; f. Ensure facility is compliant with all ADA requirements, including push button door openers. 1 1. Exterior lnfrastructure lmprovements: a, Address storm water issues including the demolition of existing drainage utilities and re+outing building connections and pipes toward proposed stormwater lift stations. New curb inlets and drainage structures will be installed as needed along with new drainage pipes due to changes in road geometry. Other utilities, particularly within the Preferred Parking lot site, will require relocation. b. Seawall - The existing Collins Canal seawall will be restored and reconstructed. c. Flood Control - Exhibit hall floor elevation to remain at current elevation. Relocate critical building systems and equipment to be above proposed future FEMA flood elevation. Elevation - 10 to 1 1 NGVD. 12. Prefened Lot (P-Lot) Park: The existing 6.5 acre parking lot directly west of the Convention Center will be converted to a public park containing flexible green spaces, a plaza space, and a food pavilion. Ornamental landscape and shade trees combined with seating, lighting, and custom shade structures will be included in the design. 13. Carl Fisher Open Space: Directly to the north of the Convention Center is a historic structure and adjacent green spaces abutting the Collins Canal. The open space will be renovated with open lawns for passive uses and resilient landscapes and new walkways next to the Collins Canal. 14. The 21st Street Community Center: The existing Community Center located on Washington Avenue and 21't street will be demolished as part of Phase 1. The existing Banyan tree located within the courtyard of the Community Center must be preserved. 15. Convention Center Drive: This street will be re-designed and converted to a "boulevard" type design with trees and a mosaic of paving materials. 16. Art ln Public Places: Areas within the building and on the site will be identified to comply with the City's Art in Public Places program. These areas will be provided with infrastructure (structural support, power, lighting, lT/data)to work with the selected art pieces. Detailed coordination for the installation of each art piece will be managed with City staff. 45 J RFP 2014-294-ME 109 APPENDIX D AAIAMIBEACH I nsuro nce Requirements RFP 2014-294-ME DESIGN-BUILDER SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROC UREMENT DEPARTMENT 1700 Convention Center Drive Miomi Beoch, Florido 33.l39 co I ere 20:r4-2s4-ME 110 b :MIAMIBTACH INSURANCE REQUIREMENTS lnsurance Requirements will be provided under Phase ll. *r I nre 2o14-294-ME 111 R7 RESOLUTIONS 112 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting the Sixth Amendment to the Capital Budoet for Fiscal Year 2013114. Ensure Value and Timely Delivery of Quality Capital Projects, lmprove Storm Drainage Citywide, and Maintain City's lnfrastructure Data (Surveys, EnvironmentalScan, etc.): N/A Item Summary/Recommendation : Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and priorities must be adjusted. The Capital lmprovement Plan ('ClP') serves as the primary planning tool for systematically identifying, prioritizing and assigning funds to critical City capital development, improvements and associated needs. The City's capital improvement plan process begins in the spring when all departments are asked to prepare capital improvement updates and requests on the department's ongoing and proposed capital projects. lndividual departments prepare submittals identifying potential funding sources and requesting commitment of funds for their respective projects. The CIP is updated annually and submitted to the City Commission for adoption. The 2013114 - 2017118 Capital lmprovement Plan and FY 20'13114 Capital Budget were adopted on September 30, 2013, by resolution 2013-28354. The First Amendment to the FY 2013114 Capital Budget was approved on December 11, 2013, by resolution 2013-28442. The Second Amendment to the FY 2013114 Capital Budget was approved on January 15, 2014 by resolution 2014-28470. The Third Amendment to the FY 2013fi4 Capilal Budget was approved on March 5,2014, by resolution 2014- 28524. The Fourth Amendment to the FY 2013114 Capilal Budget was approved on April 23,2014, by resolution 2014-28565. The Fifth Amendment to the FY 2013114 Capital Budget was approved on June 1 1,2014, by resolution 2014-28625. Section 166.241(4)(c.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. Administration recommends adopting the resolution for the Sixth Amendment to the FY 2013114 Capital Budget. The Sixth Amendment to the FY 2013114 Capital Budget totals an increase of $6,193,000 and re- alignment of $711,000 between projects in order to provide additional funding to the following nine capital projects. '1. Munis/ Energov lT Project 5. 1100 Block Lincoln Road Updates 2.71s|Street Fountain Renovation 6. Bass Museum HVAC Controls lntegration 3. Tatum Park Outdoor Sand Volleyball 7. Pennsylvania Garage Roof Renovation 4. Normandy Shoes Park Fitness Circuit 8. Bass Museum Heat Pump Replacement 9. Botanical Gardens Window Financial lnformation: Source of Funds: (m \' Amount Account 1 $4,000,000 011- General Fund Balance (Building Department Reserve) to Fund 301 Capital Proiects Not Financed bv Bonds 2 $1,700,000 601-7000-229253 Building Training & Technology to Fund 301 Capital Proiects Not Financed by Bonds 3 $50,000 Fund 307- NB OOL 4 $443,000 365- City Center RDA OBPI Total $6,193,000 Financial lmpact Summary: ASEIrIDA trEii flrl A(s MIAMIBTACH o*ze 7-3o-t\113 g MIAMIBEACH City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SIXTH AMENDMENT TO THE CAPITAL BUDGET FOR FISGAL YEAR 2013114. ADMINISTRATION RECOMMENDATION Adopt the Resolution for the Sixth Amendment to the Fiscal Year (FY) 2013114 Capital Budget. BACKGROUND Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and priorities must be adjusted. The Capital lmprovement Plan ("ClP") serves as the primary planning tool for systematically identifying, prioritizing and assigning funds to critical City capital development, improvements and associated needs. The City's capital improvement plan process begins in the spring when all departments are asked to prepare capital improvement updates and requests on the department's ongoing and proposed capital projects. lndividual departments prepare submittals identifying potential funding sources and requesting commitment of funds for their respective projects. The CIP is updated annually and submitted to the City Commission for adoption. The 2013114 - 2017118 Capital lmprovement Plan and FY 2013114 Capital Budget were adopted on September 30,2013, by resolution 2013-28354. The First Amendment to the FY 2013114 Capitd Budget was approved on December 11,2013, by resolution 2013-28442. The Second Amendment to the FY 2013114 Capital Budget was approved on January 15,2014 by resolution 2014-28470. The Third Amendment to the FY 2013/14 Capital Budget was approved on March 5,2014, by resolution 2014-28524. The Fourth Amendment to the FY 2013114 Capital Budget was approved on May 21,2014, by resolution 2014-28565. The Fifth Amendment to the FY 2013114 Capital Budget was approved on June 1 1, 2014, by resolution 2014-28625. Section 166.241(4)(c.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. Administration recommends adopting the resolution for the Sixth Amendment to the FY 2013114 Capital Budget. Mayor Philip Levine and Members of the City Qommission Jimmy L. Morales, City July 30, 2014 114 Resolution Adopting the Sixth Amendment to the Capital Budget for FY 2013114 July 30, 2014 Page 2 of 4 SIXTH AMENDMENT TO THE FY 2013/14 CAPITAL BUDGET The Sixth Amendment to the FY 2013114 Capital Budget totals an increase of $6,193,000 and re-alignment of $71 1,000 between projects. 1. Munis/Energov Technology project - The City implemented the Eden ERP System ("Eden ERP") in October, 2004. The Eden ERP system integrates and provides necessary functionality across all of the City's core business processes, including financials, budgeting, procurement and human resources. Since the time the Eden ERP was implemented, the City has advanced its technological platform and offerings to ensure business process efficiencies and maximum service to constituents. However, Tyler Technologies, the parent company of Eden, has instructed the City that the system is end of life and that Tyler will no longer dedicate development resources to achieve significant improvements to its functionality. As a result, many of the current functional requirements of the City can no longer be supported by Eden ERP. Tyler Technologies has also instructed the Administration that its development resources will be dedicated to the Munis ERP, its flagship ERP solution for municipalities. Several of Eden ERP using municipalities have already completed or begun the transition from Eden ERP to Munis ERP. This project would also improve the City's permitting and licensing modules through EnerGov, a Tyler Technologies solution for this functionality which integrates seamlessly with its Munis ERP solution. The budget for the project would also include a full business process review (BPR) of all functional areas of the new systems prior to the commencement of implementation activities. The goal of the BPR is two-fold: (1) make business operations more efficient and effective; (2) and more effectively utilize technological investments. ln this manner, the new systems will be aligned with improved processes offering the greatest opportunity to improve the City's business operations. The BPR's as well as project management services would be provided by EMA, a multi-national service provider with over 30 years of experience, which includes assisting public agencies with their technological, best practices, and strategic plan ning req uirements. The Sixth Amendment would appropriate funding for the Munis and Energov information technology solutions. The Energov project budget is $3.7 million including a 10o/o contingency and would be fully funded from the Building Training and Technology ($1.7 million) and from Building Reserves in the General Fund ($2.0 million). The Munis project budget is $3.5 million including a 2Qo/o contingency and would be partially funded for $2.0 million from accumulated Building Reserves in the General Fund related to Elevator permit revenue that can be used for any general purpose. The remainder of the Munis project budget, $1.5 million, will be funded in FY 2014115 or FY 2015116 from one- time funds. Prior Years' Appropriations $0 Julv 30. 2014 Budoet Amendment $5.700.000 Proposed Tota! Appropriations $5.700.000 115 Resolution Adopting the Sixth Amendment to the Capital Budget for FY 2013114 July 30, 2014 Page 3 of 4 z. 71't Street Fountain Renovation project - The original project budget was estimated at $300,000 to fund refurbishment of the fountain, including plumbing and electrical infrastructure as well as painting and sealing of the concrete structure. The final cost of the project came in higher by $50,000. Funding for the project would come from 307 - North Beach Quality of Life funds. Prior Years' Appropriations $300.000 Julv 30. 2014 Budoet Amendment $50,000 Proposed Tota! Appropriations $350,000 Normandy Shores Park Fitness Circuit and Tatum Park Outdoor Sand Volleyball projects - The Sixth Amendment would realign $76,000 of funding to the Normandy Shores Park Fitness Circuit ($64,000) and Tatum Park Outdoor Sand Volleyball ($12,000) 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. Norm Shores Park Fitness Circuit Prior Years' Aoorooriations $13s,500 Julv 30. 2014 Budoet Amendment $64,000 Proposed Total Appropriations $199.s00 Tatum Park Outdoor Sand V Prior Years' Appropriations $90.751 Julv 30. 2014 Budoet Amendment $12,000 Proposed Total Appropriations $102.751 4. Redevelopment District Area Projects - The Sixth Amendment would fund five renewal and replacement projects in the City Center RDA, including the 1 100 Block of Lincoln Road Updates ($133,000); Bass Museum HVAC Controls lntegration ($50,000); Pennsylvania Garage Roof Renovation ($60,000); Bass Museum Heat Pump Replacement ($t00,000); and the Botanical Gardens Window Replacement ($t00,000). This amendment would also fund the repayment of funding previously appropriated in the amount of $634,530, for the Collins Park Streetscape project to the Parking fund. Funding would come from 365- City Center RDA funds. 1100 Block of Lincoln Road Prior Years' Aoorooriations $0 Julv 30. 2014 Budoet Amendment $133,000 Prooosed Total Aoorooriations $133.000 3. 116 Resolution Adopting the Sixth Amendment to the Capital Budget for FY 2013114 July 30, 2014 Page 4 o'f 4 Bass Museum HVAC Controls Prior Years' Appropriations $0 Julv 30. 2014 Budoet Amendment $50,000 Prooosed Total Aooropriations $50.000 Roof Renovation Prior Years' Aoorooriations $0 Julv 30. 2014 Budqet Amendment $60.000 Proposed Total Appropriations $60.000 Bass Museum Heat Prior Years' Aoorooriations $0 Julv 30, 2014 Budqet Amendment $100.000 Prooosed Total Appropriations $100.000 Botanical Gardens Window Prior Years' Aoorooriations $0 Julv 30. 2014 Budoet Amendment $100.000 Proposed Total Appropriations $100.000 117 RESOLUTION NO. A RESOLUTTON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, ADOPTING THE SIXTH AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2013114. WHEREAS, the Miami Beach Capital Budget for FY 2013114 was approved and appropriated via Resolution No. 2013-28354 on September 30, 2013; and WHEREAS, the First Amendment to the Miami Beach Capital Budget for FY 2013114 was approved and appropriated via Resolution No. 2013-28442 on December 11,2013; and WHEREAS, the Second Amendment to the Miami Beach Capital Budget for FY 2013114 was approved and appropriated via Resolution No.2014-28470 on February 12,2014; and WHEREAS, the Third Amendment to the Capital Budget for FY 2013114 was approved and appropriated on March 5,2014, with the adoption of Resolution No. 2014-28524; and WHEREAS, the Fourth Amendment to the Capital Budget for FY 2013114 was approved and appropriated on April 23,2014, with the adoption of Resolution No. 2014-28565; and WHEREAS, the Fifth Amendment to the Capital Budget for FY 2013114 was approved and appropriated on June 11,2014, with the adoption of Resolution No. 2014-28625; and WHEREAS, it is recommended the FY 2013114 Capital Budget be amended to add appropriations totaling $6,193,000 as outlined in "Attachment "C" - Capital Budget Projects"; and WHEREAS, the proposed Sixth Amendment to the FY 2013114 Capital Budget is included in "Attachment A - Source of Funds" and "Attachment B - Program". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Commission hereby adopt the Sixth Amendment to the Capital Budget for Fiscal Year 2013114 as shown in Aftachment A (Source of Funds), Attachment B (Programs) and Attachment C (Projects). PASSED AND ADOPTED this 30th day of July, 2014. Attest: Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Rafael E. Granado, City Clerk w 118 ATTACHMENT A FY 2013114 CAPITAL BUDGET SOURCE OF FUNDS Amended 07130114 NOTE: The Normandy Shores Park Fitness Circuit and Tatum Park Outdoor Sand Volleybail projects will be funded by funds previously appropriated for the Fisher Park lrrigation System and Stillwater Park Sports Field Landscape and lrrigation projects. Funding for the Collins Park Streetscape project will be transferred from the City Center RDA Fund 365 to the Parking Fund 48O. Fundinq Source Amended 6111114 Amended 7130/,14 Revised 1997 Parking Sys. Rev. Bonds $ 217,000 $ 217,000 2OO3 GO Bonds - Neighborhood lmprovement 148,000 148,000 2003 GO Bonds - Parks & Beaches 633,000 633,000 2OlO Parking Bonds Reso. 2010-27491 160,000 160,000 7th Street Garage 1,900,000 1,900,000 Capital Projects Not Financed by Bonds 89,000 5,700,000 5,789,000 City Center RDA Capital Fund 15,073,000 443,000 15.516,000 Capital Reserve 691,355 691,355 Communications Fund 40,000 40,000 Convention Center 3,701,000 3.701,000 Equipment Loan/Lease 4,644,000 4,644,000 Fleet Management Fund 160,000 160,000 Gulf Breeze 2006 (83,7s9 (83,759 Half Cent Transit Surtax - County 1,582,000 1,582,000 lnfo & Communications Technology Fund 486,000 486,000 Local Option Gas Tax 544,000 544,000 Lowes Royal Palm Proceeds 14,000,000 14,000,000 MB Quality of Life Resort Tax Fund - 1%1,607,000 1,607,000 MDC CDT lnterlocal-CDT/Resort Tax Eligib 4,000,000 4,000,000 Miami-Dade County Bond 2,933,581 2,933,581 NB Quality of Life Resort Tax Fund - 1%'1,603,000 50,000 1,653,000 Parking Operations Fund 1,109,000 1,109,000 Pay-As-You-Go 1,946,000 1,946,000 RDA - Anchor Garage Fund 485,000 485,000 Renewal &.Replacement Fund 2,746,OOO 2,746.000 SB Quality of Life Resort Tax Fund - 1%980,000 980,000 South Pointe Capital 8,868,000 8,868,000 South Pointe RDA 1.636.000 1,636,000 Storm Water Bnd Fund 431 RESO#2O11-27782 529,000 529,000 Stormwater Bonds 20005 (256,000 (256,000 Stormwater LOC Reso. No 2009-27076 24,899,419 24.899.419 W&S GBL Series 20'10 CMB Reso 2009-27243 81,759 81,759 HUD Section 108 Loans 17,391 17,391 Water and Sewer Bonds 2O00s 34,000 34,000 NSP3 Grant 711,669 711,669 EDI Grant 119,743 119.743 HOME Grants 1,603,419 1,603,419 Communitv Develooment Block Grants 618,188 618,188 Total Aoorooriation as ot 7l3ol14 $ 100,2s6,76s $ 6,193,000 $ 106,449,765 119 ATTACHMENT B FY 2013114 CAPITAL BUDGET PROGRAMS Amended 07130114 NOTE: The Normandy Shores Park Fitness Circuit and Tatum Park Outdoor Sand Volleyball projects will be funded by funds previously appropriated for the Fisher Park lrrigation System and Stillwater Park Spods Field Landscape and lnigation projects. Funding for the Collins Park Streetscape projectwill be tansferred from the City Center RDA Fund 365 to the Parking Fund 48O. Program Area Amended 6111114 Amended 7l3ll14 Revised Art in Public Places $381.000 $381.000 Bridges 185,000 185,000 Conrrention Center 17,700,000 17,700,000 EnMronmental 2,275,OOO 2,275,000 Equipment 8,626,000 8,626,000 General Public Buildings 6,973,019 6,973,019 Golf Courses 967,000 967,000 lnformation Technology 493,000 5,700,000 6,193,000 Mnuments 489,000 50,000 539,000 Parkino 204,000 204,000 Parking Garages 12,525,OOO 12.525.000 Parking Lots 459,000 459,000 Parks 6,068,000 6,068,000 Renewal & Replacement 6,003,000 443,000 6,446,000 Seawalls 121,000 121,OOO Streets/ Sidewalk lmps 21,242,746 21,242,746 Trans iU Trans portation 3,432,000 3,432,000 Utilities 12,1 13,000 12,1 13,000 Total Appropriation as of 7l3ol14 $ 100,256,765 $ 6,193,000 $ 106,449,76s 120 ATTACHMENT C CAPITAL BUDGET PROJECTS Amended 07130114 Gapital Project Name uurrenf Capital Budoet Amended 07130114 Kevtseq Gapita! Budoet Munis/ Enerqov lT Proiect $0 $ 5,700,000 $ 5,700,000 71st Street Fountain Renovation 300,000 50,000 350,000 Tatum Park Outdoor Sand Vollelball 90,751 12,000 102,751 Normandy Shoes Park Fitness Circuit 135,500 64,000 199,500 Stillwater Pk Sports Field Landscape & lrrioation 1 15,450 (70,000)45,450 Fisher Pk lrriqation System Restoration 49,800 (6,000)43,800 1 100 Block of Lincoln Road Updates 0 133,000 133,000 Bass Museum HVAC Controls lnteqration 0 50,000 50,000 Pennsylvania Garage Roof Renovation 0 60,000 60,000 Bass Museum Heat Pump Reolacement 0 100,000 100,000 Botanical Gardens Window Replacement 0 100,000 100,000 Collins Park Streetscape Project from RDAFund 0 (634,530)(634,530) Collins Park Streetscape Project to the Parkinq Fund 0 634,530 634,530 Total $ 691,501 $ 6,193,000 $ 6,884,501 121 TT}IE I 5UHDAY, JULY IO, IOS UIT OF UIIMI BETCH I{OIICEffiP|JBUCHHRIIIO il0n[E E HEIEY given tnt a Public Hmrirq wiil be hsld by tln lilafr ard CiS Commrsion 0f the City 0l l\{iami Bmch, Florida, in Sre Commision Chambers, 3rd ll00r, City Hall, 1 700 Contrentim Center Driue, lvliami Bea$, Flori&, m Wednesday, Juty 30, 2014, t0 comiderfrnfollowing: 5:25pm. ARemlulionAdrytinglhe SixhAnendmmtTolhe CapitalBudget Fm FiscalYear(FYi 2013|i4. lrquiilm rny M directed t0 lhe Budget & Peformame lmpovement Deparlmml at 305,673,7510. lntereshd patie,sar+ invitedbapparatthis meeting, orbe represmtedbyanagent, ortoexprwtheirdews inwritirig addrssedto fir City Commision, clo the Cig Clerk, 1700 Convention Cenler 0rius, 1st Flmr, CilJ Hail, [iiami Baauh, Horlda 33139. Copim nl fiis ite* h alai$le {or public impection during rurnal business hrurs in lhe Cig Clerkl 0ffiss, 1 700 Cmwntim 0enter Drive, lst Floor, Cr'g Hall, il,liami Bmch, Rorida 33139.Ihis meeting, w any item tiurein, nny k continued, and un&r sdi cirmrnstares, additiuul lqa mtire *md not be provrded. Pursuant ta Section 286.01ffi, Fla. Stat., fie Crty hereby a&lsw fie p$lh ftat if a person decides to appea arry decision made by fie Ci$ 0ommis,wr wifr respect to any matler considered at ih m**ting or rts heaing, swh person must msre that a vetbatim remrd ol fte prmeedings is made, which rscord imlude$ the testimony and widence upon which ilu appeal is t0 br baM. Ihis rnthe dces not cmstMe consent by tte City lor fie inlducthn or adnkion of ofierwiw inadmissible or ineiolant evidence, nor does it autltsize challenges m appeais not ofienpiso allowed by lau To reque$ this materlal in amessible lortnal, $p language intupreters, informatim m mcms lor persons with dimbililius an$or aty accommdatisrto review anydwmentorpartcipatein myCily*pnssed procmding, pleme cmtmtus{ivedapinadunceat 305,673.i41 1 {wicei u TIY u*rs may alsn call tte Florida Relay Sa{ce at 71 1 . Ralael E. Granado, Cig Clerk Cityof hliairtiBeach Ad 916 122 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, PursuantTo Request For Proposals No. 2014-051-SR (The RFP), For Design/Build Services For Neighborhood No. 8: Sunset lslands 3 & 4 RiohlOf-Way lnfrastructure ents. Ensure Reliable Stormwater Management By lmplementing Select Short And Long- Term Solutions lncluding Sea-Level Rise. Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation : On December 11,2013, the City Commission approved to issue the subject Request for Proposals (RFP). On May 16,2014, the RFP was issued. A pre-proposal conference to provide information to the proposers submitting a response was held on June 2,2014. RFP responses were due and received on July 16,2014. The City received a total of three (3) proposals. On June 17 ,2014, the City Manager via Letter to Commission (LTC) No.244-2014, appointed an Evaluation Committee (the "Committee"). 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 results of the evaluation committee process were presented to the City Manager for his recommendation to the City Commission. 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, Ric-Man lnternational, lnc.; and, should negotiations fail, authorize negotiations with the second ranked proposer, David Manchini & Sons, lnc.; and, should negotiations failwith the second ranked proposer, authorize negotiations with the third ranked proposer, Central Florida Equipment Rentals, lnc. Further, should negotiations fail with the third ranked proposer, the City Manager recommends that the administration be authorized to issue a new RFP. RECOMMENDATION the Resolution. Advisorv Board Recommendation : Financial lnformation : Source of Funds: Amount Account 1 $636,364.00 302-2318-069357 - Pay-As-You-Go - Capital Fund 2 $2,296,126.26 429-2318-069357 - Stormwater LOC Reso. 2009-27076 3 $2,306,987.00 431 -231 8-069357 201 1 - Stormwater Bonds - Reso No. 201 1 27782 4 $2,195,211.00 420-2318-069357 W&S GBL Series 2010 CMB Reso 2009- 27243 5 50,279.25 425-2318-069357 Water and Sewer Fund OBPI 6 $290,000.00 429-231 8-069357 Stormwater LOC Reso. 2009-27076 Total $7,774.967.51 Financial lmpact Summary: -051-SR Sunset lslands AGE,',DA rrena R78{s fiArAAArsHAcH axz* 7 -3bll123 4 MIAMIBEACH City of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members of FRoM: Jimmy L. Morales, City DATE: July 30,2014 SUB]ECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR PROPOSALS NO.2014-051-SR (THE RFP), FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: SUNSET ISLANDS 3 & 4 RIGHT-OF- WAY INFRASTRUCTURE IMPROVEMENTS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure Reliable Stormwater Management By lmplementing Select Short And Long- Term Solutions lncluding Sea-Level Rise. FUND!NG Funding for this project will be as follows: $ 636,364.00 302-2318-069357 Pay-As-You-Go - Capital Fund $2,296,126.26 429-2318-069357 Stormwater LOC Reso. 2009-27076 $2,306,987.00 431-2318-069357 2011 Stormwater Bonds - Reso No. 2011-27782 $2,195,211.00 420-2318-069357 W&S GBL Series 2010 CMB Reso 2009-27243 $ 50,279.25 425-2318-069357 Water and Sewer Fund $ 290.000.00 429-2318-069357 Stormwater LOC Reso 2009-27076 $7,774,967.51 BACKGROUND On May 16, 2001, the City of Miami Beach (City) adopted Resolution No. 2001-24387, approving and authorizing the execution of an agreement with CH2M HILL, lnc. (CH2M HILL) for professional services for the Right-of-Way (ROW) lnfrastructure lmprovements Program for Neighborhood No. 8 - Bayshore and Sunset lslands project pursuant to Request for Qualifications (RFO) No. 134-99/00. The agreement included planning, design, and construction administration services for the collective Bayshore Neighborhoods which was originally one (1) project and was subsequently separaied into five (5) individual projects via amendments to the original agreement. These five projects included Central Bayshore Neighborhood (Package 8A), Lower North Bay Road Neighborhood (Package 8B), Lake Pancoast Neighborhood (Package 8C), and the Sunset lslands (Packages 8D and 8E). On April 9, 2003, the City Commission approved the Basis of Design Report (BODR), completed and submitted by CH2M HILL for the Neighborhood No. 8 Bayshore / Sunset lslands Project. This BODR was the culmination of a comprehensive planning effort that included input from and reviews by residents, various City Departments, and the Design 124 Commission Memorandum - RFQ # 2014-206-5R Design/Build Services for the London House Rehabilitation & Restoration Project July 23,2014 Page 2 Review Board (DRB). RFP PROCESS On December 11 , 2013, the City Commission approved to issue the Request for Proposals (RFP) No.2014-206-SR. On May 16,2014, the RFP was issued. A pre-proposal conference to provide information to the proposers submitting a response was held on June 2,2014. RFP responses were due and received on July 16,2014. The City received proposals from the following firms: Central Florida Equipment Rentals, lnc. David Mancini & Sons, lnc. Ric-Man lnternational, lnc. On June 17,2014, the City Manager via Letter to Commission (LTC) No.244-2014, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: . Mina Samadi, Senior Capital Projects Coordinator, Capital lmprovement Projects Department, City of Miami Beach. Jose Velez, Capital Projects Coordinator, Capital lmprovement Projects, City of Miami Beach. Bruce Mowry, City Engineer, Public Works Department, City of Miami Beacho Peter Luria, Resident, City of Miami Beach. Michael Alvarez, lnfrastructure Division Director, Public Works Department, City of Miami Beach The following individual was appointed as alternates: . Carla Dixon, Capital Projects Coordinator, Capital lmprovement Projects Department, City of Miami Beach. Douglas Seaman, Assistant City Engineer, Public Works Department, City of Miami Beach The Committee convened on July 22, 20141o 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 ranking of proposers as indicated in the next page. 125 Yz E, J ztr N o G oF E g (J lr) F(o Or- r+t-F. FJ@ oqo o-oo6l e to oq @ c.) O)- roo, o)_ @ oooo.oLo oE (E o (,c oc c(! o E U) o C;c u; oa€.E c(o E (oo c ld(o cot cIco'=(,u (oro o l'L (E 0)O Yz & (f)6t UIFI<tfl|, 613 3lp =l9t o N o) oc =c Gg. N N EEo;o oo oo) : (!u N (o o J o o(L No)F O) lr)N oc =c mtr (f)N a; o) f m o) oo lr)o, cc =C t N CO N 0) 0) q)a - ro o F-o oc =cot EE 26 a o O) oo,o O) IEo- u tU LO9cl"r-- IYGccooo( oC !;co U) od .E co P. (/) e=o3 oc j (6 o (Ec I ; o E zoF :) u.t(\ IIJo o- zIF lJ IIJ IIJo o- 126 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, Ric-Man lnternational, lnc. Should negotiations fail, the City Manager recommends that the administration be authorized to enter into negotiations with the second ranked proposer, David Manchini & Sons, lnc. Should negotiations fail with the second ranked proposer, the City Manager recommends that the administration be authorized to enter into negotiations with the third ranked proposer, Central Florida Equipment Rentals, lnc. Should negotiations fail with the third ranked proposer, the City Manager recommends that the administration be authorized to issue a new RFP. GONCLUSION 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. 2014-051-SR for Design/Build Services for Neighborhood No. 8: Sunset lslands 3 & 4 Right-of-Way lnfrastructure Improvements; and, authorize the administration to enter into negotiations with the top ranked proposer, Ric-Man lnternational, lnc.; and further authorize the City Manager to execute an Agreement upon conclusion of successful negotiations by the Administration. JLM/MTIDMIAD/YG T:\AGENDA\2014\July\July 30\ RFP-2014-051-SR Sunset lslands 3 & 4 - Memo.doc 127 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR PROPOSALS NO. 2014.051.SR, FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: SUNSET ISLANDS 3 & 4 RIGHT-OF-WAY TNFRASTRUCTURE IMPROVEMENTS (THE RFP); AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED PROPOSER, RIC-MAN INTERNATIONAL, INC; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP.RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SECOND RANKED PROPOSER, DAVID MANCINI & SONS, ING.; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND.RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE THIRD RANKED PROPOSER, CENTRAL FLORIDA EQUIPMENT RENTALS, INC; AND SHOULD THE ADMINISTRATION NOT BE SUCGESSFUL IN NEGOTIATING AN AGREEMENT WITH THE THIRD. RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO ISSUE A NEW RFP; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUGCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Proposals No. 2014-206-SR (the RFP) was issued on May 16, 2014, with an opening date of July 16, 2014; and WHEREAS, a mandatory pre-proposal meeting was held on Tuesday June 3, 2014; and WHEREAS, the City received a total of three (3) proposals; and WHEREAS, on June 17, 2014, the City Manager via Letter to Commission (LTC) No. 244-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: . Mina Samadi, Senior Capital Projects Coordinator, Capital lmprovement Projects Department, City of Miami Beach. Jose Velez, Capital Projects Coordinator, Capital lmprovement Projects, City of Miami Beach. Bruce Mowry, City Engineer, Public Works Department, City of Miami Beach. Peter Luria, Resident, City of Miami Beach. Michael Alvarez, lnfrastructure Division Director, Public Works Department, City of Miami Beach The following individuals were appointed as alternates: Carla Dixon, Capital Projects Coordinator, Capital lmprovement Projects Department, City of Miami Beach Douglas Seaman, Assistant City Engineer, Public Works Department, City of 128 Miami Beach WHEREAS, the Committee convened on July 21, 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 RFP; and WHEREAS, the Committee's ranking was as follows: Ric-Man lnternational, lnc., top ranked; David Mancini & Sons, lnc., second highest ranked; and Central Florida Equipment Rentals, lnc., third 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, Ric-Man lnternational, lnc; and should negotiations fail with the top-ranked firm, the City Manager recommends that the Administration be authorized to enter into negotiations with the second ranked proposer, David Mancini & Sons, lnc; and should negotiations fail with the second ranked proposer, the City Manager recommends that the Administration be authorized to enter into negotiations with the third ranked proposer, Central Florida Equipment Rentals, lnc; and should negotiations fail with the third ranked proposer, the City Manager recommends that the Administration be authorized to issue a new RFP. 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. 2014-051-SR (the RFP), for Design/Build Services for Neighborhood No. 8: Sunset lslands 3 & 4 Right-Of-Way lnfrastructure lmprovements; authorizing the Administration to enter into negotiations with the top ranked proposer, Ric-Man lnternational, lnc; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing the Administration to enter into negotiations with the second ranked proposer, David Mancini & Sons, lnc.; and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing the Administration to enter into negotiations with the third ranked proposer, Central Florida Equipment Rentals, lnc; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing the Administration to issue a new RFP; 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 2014. 129 ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor T:\AGENDA\2014\July\July30\RFQ-2014-051-SRSunsetlslands3&4-Resolution.doc APPROVED AS TO FORM & LANGUAGE z/w{v -l W'RAWW( Dote 130 A Resolution Of The Mayor And City Gommission Of The City Of Miami Beach, Florida, Authorizing The City Manager To Finalize Negotiations And Execute Contracts With Tyler Technologies, lnc., For Replacement Of The Gity's Current Enterprise Resource Planning (ERP) And Permitting/Licensing Systems, Munis And EnerGov Respectively; And With EMA, lnc., For A Business Process Review And Project Management Services Related To The ERP System Replacements; For A Tota! Project Amount Not To Exceed $7 COMMISSION ITEM SUMMARY Condensed Title: At the May 28, 2014, City Commission meeting, the City Commission authorized a referral to the Finance and City-Wide Projects Committee (the "Committee") for a discussion on upgrading the City's current enterprise resource planning (ERP) system, known as Eden, as well as a discussion on Permits Plus, the City's system for permitting and licensing. The replacement of these systems are a key part of the Administration's goal of re- engineering core business process to maximize efficiencies and service to constituents, as well as improve internal controls. At its June 20,2014, meeting, the Committee considered the Administrations recommendation that the City replace its ERP system, its system for permitting and licensing, and, prior to implementation of the new systems, conduct a full business process review with the goal of maximizing operational performance, assuring internal controls, and improving service to constituents. The Committee also considered the Administration's recommendation for project management and implementation services to assure a successful implementation of the project. The Committee has endorsed and recommended that the project be considered by the City Commission. The proposed project is comprised of four (4) major project components with the following associated cost estimates: 1. Upgrading the City's current ERP system from Eden to Munis. 2. Upgrading the City's current system for permitting and licensing from Permits Plus to EnerGov. 3.Completing a full business process review (BPR) of all business processes impacted by either Munis or EnerGov, prior to implementation of the new systems. 4. Engaging a dedicated project manager to oversee implementation of the new systems in accordance with the results of the BPR. Additional detail is included in the attached memorandum. To maximize operational performance, assure internal controls, and improve service to constituents, the Administration recommends that the Committee endorse the recommendations for transitioning from Eden ERP to Munis ERP, implementing EnerGov for permitting and licensing, and engaging EMA to assist the City with a review of its business processes, as well as provide implementation services (project management) throughout the project implementation, and authorize the City Manager to negotiate contracts with all respective parties in a grand total amount not to exceed $7,200,000. RECOMMENDATION the Resolution. lntended Outcome Su Strealntine ttre detivery of services through all departments. Strengthen internal controls to achieve more accountability. Data Environmental Scan, etc.: N/A Financia! lnformation: Source of Funds: Amount Account 1 $5,700, 000 Fund 301 - Capital Proiects Not Financed By Bonds* @ *Subielb.ardoror f-Luoo,ooo I ruture fiscal year funding contingent on approved budget rr'"-l appropriations. 'al of sixth budqet amendment for FY201312014. Financial lmpact Summary: Alex Denis, ext. 7490 or Mark Taxis, ext. 6829 July 3O\Tyler Ema ERP AGEf'IDA ITEM R?C# MIAMIBHACH DAYE ?-3o - lq131 g MIAMIBEACH City of Miomi Beoch, lZO0 Conveniion Center Drive, Miomi Beoch, Florido 33 I 39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Mem ity Commission FROM: Jimmy Morales, City Manager *S'sA DATE: July 30, 2014 SUBIECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CIry MANAGER TO FINALIZE NEGOTIATIONS AND EXECUTE CONTRACTS WITH TYLER TECHNOLOGIES, INC., FOR REPLACEMENT OF THE CITY'S CURRENT ENTERPRISE RESOURCE PLANNING (ERp) AND PERMITTTNG/L|CENSING SYSTEMS, MUNIS AND ENERGOV RESPECTIVELY; AND WITH EMA, INC., FOR A BUSINESS PROCESS REVIEW AND PROJECT MANAGEMENT SERVICES RELATED TO THE ERP SYSTEM REPLACEMENTS; FOR A TOTAL PROJECT AMOUNT NOT TO EXCEED $7,2OO,OOO. FUNDING Fund 301 - Capital Projects Not Financed by Bonds (Subject to approval of sixth budget amendment for FY201312014) Future fiscal year funding contingent upon approved budget appropriation. Project Total $7,200,000 BACKGROUND At the May 28, 2014, City Commission meeting, the City Commission authorized a referral to the Finance and City-Wide Projects Committee (the "Committee") for a discussion on upgrading the City's current enterprise resource planning (ERP) system, known as Eden, as well as a discussion on Permits Plus, the City's system for permitting and licensing. The replacement of these systems are a key part of the Administration's goal of re-engineering core business process to maximize efficiencies and service to constituents, as well as improve internal controls. At its June 20, 2014, meeting, the Committee considered the Administrations recommendation that the City replace its ERP system, its system for permitting and licensing, and, prior to implementation of the new systems, conduct a full business process review with the goal of maximizing operational performance, assuring internal controls, and improving service to constituents. The Committee also considered the Administration's recommendation for project management and implementation services to assure a successful implementation of the project. The Committee has endorsed and recommended that the project be considered by the City Commission. $5,700 ) 000 $1,500,000 132 Commission Memorandum - July 30, 2014 Munis, EnerGov, BPR and Project Management Page 2 of 7 The proposed project is comprised of four (4) major project components: 1. Upgrading the City's current ERP system from Eden to Munis. 2. Upgrading the City's current system for permitting and licensing from Permits Plus to EnerGov. 3. Completing a full business process review (BPR) of all business processes impacted by either Munis or Enercov, prior to implementation of the new systems. 4. Engaging a dedicated project manager to oversee implementation of the new systems in accordance with the results of the BPR. 1. UPGRADING THE CITY'S CURRENT ERP SYSTEM FROM EDEN TO MUNIS. The City implemented the Eden ERP System in October,2OO4. At the time, the Eden ERP system integrated and provided necessary functionality across many of the City's core business processes, including finance, budget, procurement and human resources. However, the system is more than 10 years old and is not keeping pace with the current functional requirements of the City. Additionally, Tyler Technologies, who recently acquired Eden, has informed the City that the systems is end of life; and, that it will continue to support the system in its current state, but will no longer dedicate development resources to achieve any significant improvements to its functionality. Given the cross-functional impact and magnitude of an ERP system, it was necessary to complete a high level due diligence before recommending any option to replace the aging Eden ERP system. Therefore, to better understand the functional deficiencies of the Eden ERP being reported by City departments, as well as identifying possible options that the City may consider in addressing the aging Eden ERP system, the Administration engaged EMA to conduct a full gap analysis of functional deficiencies of the system and provide options for moving fonryard. EMA is a multi-national service provider with over 30 years of experience in assisting public agencies with their technological, best practices and strategic planning requirements. EMA has assisted other localjurisdictions in similar projects and has been awarded several large cooperative agreements with federal and state governments, including the State of Florida. EMA has completed the ERP Gap Analysis (the "Report"), which is attached for your perusal (Appendix A). The Report includes many of the specific gaps identified by City departments as barriers to maximizing performance, internal controls and service to constituents, as well as the following three options for addressing the deficiencies: 1. Remain with the Eden ERP, but engage Tyler Technologies to address the functional gaps through City-specific customizations; or 2. Transition from Eden ERP to Munis ERP; or 3. Release a Request for Proposals (RFP) to consider other ERP options. Option 1 (remaining with the Eden ERP) is not recommended since this option would require the City to contract with Tyler Technologies to implement the necessary changes through City-specific system modifications. ln the long run, this option creates a multitude of issues with supporting a system that deviates so significantly from the baseline system. Additionally, at time of implementation, Eden ERP was deployed utilizing past business processes that the Administration is seeking to re-engineer in a continuing effort to streamline and enhance the delivery of services, improve building/development processes, strengthen internal controls, and maximize innovation and performance. 133 Commission Memorandum - July 30, 2014 Munis, EnerGov, BPR and Project Management Page 3 of 7 Option 3 (releasing an RFP) is not recommended due to the City's size and functional requirements and Tyler Technologies' role in the public sector ERP market, possible viable candidates for replacing the system would only include Tyler Technologies and, possibly, one or two other ERP providers. Additionally, an RFP would delay the beginning of upgrading of the current ERP by, at least, I - 12 months, over the expected 36 month period for implementing a new system. The Report recommends that the City proceed with Option 2 - transition from Eden ERP to Munis ERP. This recommendation is primarily based on: the heavily discounted costs proposed by Tyler Technologies; the ability of the Munis ERP to serve the City's needs now and into the foreseeable future; and Tyler's experience in the public sector. The Report notes that significant discounts proposed by Tyler Technologies makes a compelling financial case for the upgrade. Additionally, given Tyler Technologies' client base and Munis' flagship status within the company, the City will benefit from current and emerging technologies and transitioning from Eden ERP to Munis ERP, given that both systems are owned by Tyler Technologies, is expected to minimize potential problems with-data conversion and other implementation tasks. Finally, Tyler Technologies' extensive client public sector base and user community will benefit the City in terms of future product development and opportunities to work with similar public sector agencies on solutions and system upgrades. According to the Report, a transition from Eden ERP to Munis ERP will provide the City with the functionality it requires at discounted pricing without delays from an extended selection process. ln addition to the benefits of Option 2 included in the Report, giye#he when considering Eden ERP's end-of-life status, the Administration has concerns that, as current Eden ERP clients transition to Munis or other ERP systems, the City may be faced with limited enhancements and support to the current Eden system, and anticipates possible impacts on to maintenance costs resulting from a reduced client pool and other functional issues related to the continued use of a system that is end of life. ln response to the City's need for greater functionality, Tyler Technologies has offered to transition the City from the Eden ERP to its flagship ERP, Munis, at a significant cost savings by discounting the complete cost of any module license in the Munis ERP that the City currently owns in the Eden ERP. This amounts to approximately $1,138,150 in license fee discounts, as well as a 50% discount in data conversion costs totaling $63,150, for a total discount of approximately $1,201,300. The costs associated with the Eden to Munis conversion are included in Appendix C. 2. UPGRADING THE CITY'S CURRENT SYSTEM FOR PERMITTING AND LICENSING FROM PERMITS PLUS TO ENERGOV. ln 2010 the Building Department started a project to replace the Permits Plus system, currently in use, with Accela Automation. The project attempted to provide full integration with the permitting, automated approvals workflows, and interface with other City's key applications for financials and customer service. The goal was to have a solution with the highest data accuracy, quality of service, system and user security standards and integration between the department's applications. 134 Commission Memorandum - July 30, 2014 Munis, EnerGov, BPR and Project Management Page 4 of 7 The City experienced significant challenges with the implementation of the Accela product. Many of the issues with the implementation of Accela Automation were related to the City's complex business processes which were not analyzed or refined prior to implementation in order to streamline the burdensome procedures that cause bottlenecks and duplicity of efforts. Other issues were related to the configuration of an intricate fee structure for services, as well as Accela's integration with Eden in the context of Finance and Code Enforcement. Additionally, the implementation of Accela Automation did not incorporate critical Planning processes and left much of that department's functions to be conducted utilizing outdated and ineffective manual processes. The EnerGov option provides out of the box solutions for Building, Planning, and Code Enforcement without the need for significant scripting. Processes such as Plans Review, lnspections, Code Enforcement and Cashiering are all processed within EnerGov. Additionally, Business License (Tax Receipts) is also managed in EnverGov which will facilitate and simplify the issuance and renewal of Business Tax Receipts. The proposed EnerGov package includes a Citizen Access Portal for online BTR submission and renewal, Permit & Plans Submission as well as lnspection Scheduling, Complaint Submission and the ability to check status. EnerGov provides a seamless interface with Munis (Eden's replacement) and the Tyler Cashiering component will provide a continuous interface that will allow for real time cashiering in both Munis and EnerGov. All permit applications and board orders will be associated to its corresponding address supported through Geographic lnformation System (GlS) which creates a historical record of approvals and permits to each parcel. The costs associated with the Permits Plus to EnerGov conversion are included in Appendix C. 3. COMPLETTNG A FULL BUSTNESS PROCESS REVTEW (BPR) OF AtL BUSINESS pRocEssEs TMPACTED BY ETTHER MUNrS OR ENERGOV, PRrOR TO IMPLEMENTATION OF THE NEW SYSTEMS. A critical component of any ERP implementation is the corresponding review, streamlining or other improvements to the organization's business processes. A commonly held viewpoint in the business literature is that ERP implementations alone will not resolve significantly deficient business processes; and, that to do so, ERP implementations must begin with a business process review first. Othenruise, the organization runs the risk of re- implementing deficient, outdated or cumbersome business processes leftover from the prior ERP, incurring significant costs in system customization to accommodate legacy processes, and not achieving the quality improvements intended to be achieved as a result of the implementation of the new system. ln short, streamlining of processes musf occur before any ERP implementation begins for the organization to avoid a continuation of unnecessarily complex or outdated processes. 135 Commission Memorandum - July 30, 2014 Munis, EnerGov, BPR and Project Management Page 5 of 7 Therefore, to assure that the City's business processes reflect the aforementioned goals of streamlining, process improvements, strengthening of internal controls, and maximizing innovation and performance, the Administration is recommending that a full business process review (BPR) of all functional areas of the new systems be completed prior to the commencement of implementation activities. The goal of the BPR process is two-fold: 1) make business operations more efficient and effective; 2) and, more effectively utilize technological investments. ln this manner, the new systems will be aligned with improved processes offering the greatest opportunity to improve the City's business operations. The statement of work for the BPR is included in Appendix B. The associated costs are included in Appendix C. 4. ENGAGING A DEDICATED PROJECT MANAGER TO OVERSEE IMPLEMENTATION OF THE NEW SYSTEMS IN ACCORDANCE WITH THE RESULTS OF THE BPR. The business literature is filled with examples of failed ERP and other lT system implementations. Understanding the complexity of this project and in order to prevent complications, the Administration has sought to understand some of the reasons why many implementations fail. Some of which include: r Lack of ownership and accountability. lf team members do not understand their role and the degree to which they are accountable for the success of the project, it is nearly impossible to be successful.e Poor change management processes. The goal of an ERP implementation, insofar as practical, is to assure that business processes are fitted to the system and not the reverse. lt is understood that there will be some processes that will require system modifications; however, these should be the exception and not the rule. The change management process must be carefully controlled to engage leadership, as necessary, to make decisions between possible costly modifications to the system or enact the necessary changes in business processes to accommodate system design.. Getting bogged down by daily responsibilities. Without dedicated project management empowered by leadership, it is all too easy for stakeholders to get bogged down by daily responsibilities rather than completing implementation tasks. This may result in project delays and escalation of costs.. Lack of communication. Clear communications and understanding between internal and external stakeholders, including project staff, implementation staff, software developers and leadership, is a critical component for successful project implementation. Project communications must also assure that system configuration is considered through a holistic perspective rather than through functional silos.. Underestimating the magnitude of the project. lt is all too often that organizations feel that "we can do it ourselves" and fail to secure the necessary resources to successfully complete major system implementations. The Administration understands the magnitude of a project such as this and wants to assure that the resources necessary for success are allocated from the start. Dedicated project management is necessary for the success of a project of this magnitude. With the above in mind, the Administration is seeking the assistance of an experienced implementation consultant to act in the capacity of owner's representative, to provide project management and avoid potential pitfalls to assure the success of the project. 136 Commission Memorandum - July 30, 2014 Munis, EnerGov, BPR and Project Management Page 6 of 7 As depicted below, the implementation consultant, under the direction of the Project Steering Committee, will manage all implementation activities and tasks, as well as communications between stakeholders, to assure the results of the business practice review and gained process efficiencies are translated into a successful implementation of the ERP investment. The implementation consultant will manage, on a fulltime basis, configuration, testing, system documentation (manuals), training and the creation of performance metrics, as well as assure that only costs related to completed deliverables are incurred by the City. This will assure that departmental subject matter experts (SMEs) are used to the fullest extent necessary, and will avoid the need to reassign staff permanently and backfill with temporary positions, (another option for implementation). Backfilling with temporary positions is an expensive approach that may impede operational effectiveness of many departments with limited staffing resources. The implementation consultant will be the primary liaison between SMEs and Tyler Technologies to assure that configurations are consistent with organizational requirements resulting from the BPR, and that the project remains on schedule and within budget. Additionally, the proposed approach will ensure constant coordination with leadership on project status and change management requirements. Proiect Orqanizational Chart m* f u*.rnaotrr l I cSmmlr:ion- I*--r--- f qtyu.nrq" I [ ,.m:ra, I-r--Fffi\I ::'"*[J3 I l--reeldrsLj+ G@ffiffi mffimffi Given their experience in the public sector, the completed GAP Analysis, current contracts with the State of Florida, as well as the knowledge of the City's requirements gained from the business process review, the Administration is recommending that EMA be engaged to assist with implementation consultant services (project management). The statement of work for the project management services is included in Appendix B. The associated costs are included in Appendix C. 137 Commission Memorandum - July 30, 2014 Munis, EnerGov, BPR and Project Management PageT of7 GONCLUS!ON To maximize operational performance, assure internal controls, and improve service to constituents, the Administration recommends, as endorsed by the Finance and City-Wide Projects Committee, transitioning from Eden ERP to Munis ERP, implementing EnerGov for permitting and licensing, and engaging EMA to assist the City with a review of its business processes, as well as provide implementation services (project management) throughout the project implementation. It is recommended that the licenses and services pursuant to the Munis and EnerGov projects be acquired pursuant to the National Joint Powers Alliance (NJPA) cooperative agreement number 113011-TTl, for technology solutions. ln addition to the discounts available through the NJPA agreement, Tyler has offered the City an additional discount over the NJPA discounted pricing. lt is also recommended that the services of EMA be acquired pursuant to the State of Florida term contract number 973-561-10-1 , for information technology services. RECOMMENDATION The Administration recommends approval of a Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the City Manager to finalize negotiations and execute contracts with Tyler Technologies, lnc., for replacement of the City's current enterprise resource planning (ERP) and permitting/licensing systems, Munis and EnerGov respectively; and with Ema, lnc., for a business process review and project management services related to the ERP system replacements; for a total project amount not to exceed $7,200,000. ATTACHMENTS Appendix A - ERP Gap Analysis Report Appendix B - EMA Statement of Work for Business Process Review and Project Management Appendix C - Project Costs and Funding Plan JLM/MT/AD T:\AGENDA\2O14Uuly\Procurement July 3O\Tyler Ema ERP - MEMO.docx 138 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITY. WIDE PROJECTS COMMITTEE, AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACTS WITH TYLER TECHNOLOGIES, INC., IN CONNECTION WITH THE REPLACEMENT OF THE CITY'S CURRENT ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM, KNOWN AS EDEN, WITH MUNIS ERP; AND THE REPLACEMENT OF THE CITY'S CURRENT PERMITTING/LICENSING SYSTEMS, KNOWN AS PERMITS PLUS, WITH ENERGOV; AND TO FURTHER EXECUTE A CONTRACT WITH EMA, INC. FOR A BUSINESS PROCESS REVIEW, AS WELL AS PROJECT MANAGEMENT SERVICES, RELATED TO THE IMPLEMENTATION OF THE MUNIS ERP AND ENERGOV REPLAGEMENT SYSTEMS; FOR A TOTAL PROJECT AMOUNT NOT TO EXCEED $7,200,000. WHEREAS, the City implemented the Eden Enterprise Resource Planning (ERP) System in October,2004, to provide functionality across many of the City's core business processes, including finance, budget, procurement and human resources; and WHEREAS, the Eden ERP system is more than 10 years old and is not keeping pace with the current functional requirements of the City; and WHEREAS, given the cross-functional impact and magnitude of an ERP system, the Administration engaged EMA, lnc., to conduct a full gap analysis of functional deficiencies of the Eden ERP system in order to ascertain the best course of action; and WHEREAS, the gap analysis completed by EMA recommended that the City move foruvard with a project to replace the Eden ERP system with the Tyler Munis ERP system; and WHEREAS, the Administration ls also recommending the replacement of the City's current system for permitting and licensing, known as Permits Plus, through Accela Automation, with Tyler EnerGov, a permitting and licensing system that interfaces seamlessly with the Tyler Munis ERP system; and WHEREAS, at the May 28, 2014 City Commission meeting, the Mayor and City Commission authorized a referral to the Finance and City-Wide Projects Committee (the "Committee") for a discussion on upgrading the Eden ERP system and the City's system for permitting and licensing; and WHEREAS, the replacement of these systems are a key part of the Administration's goal of re-engineering core business processes to maximize efficiencies and service to constituents, as well as improve internal controls; and WHEREAS, at its June 20, 2014 meeting, the Committee recommended consideration of the Project by the City Commission, based upon the following recommendations from the Administration: 1. the replacement of the City's Eden ERP system with Tyler Munis ERP system; 2. The replacement of the City's permitting and licensing system (Permits Plus) with the Tyler EnerGov; and 3. the engagement of the services of Ema, lnc., in connection with conducting a full business process review, as well as assisting the City with project management and implementation services to assure a successful implementation of the systems; and 139 WHEREAS, the Administration has recommended that the licenses and services required for the Munis ERP and EnerGov projects be acquired pursuant to the National Joint Powers Alliance (NJPA) Cooperative agreement number 113011-TTl, for technology solutions, although Tyler has offered the City an additional discount over the NJPA discounted pricing; and WHEREAS, the Administration has recommended that the services of EMA lnc. be acquired pursuant to the State of Florida term contract number 973-561-10-1, for information technology 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 Finance and City-Wide Projects Committee, and approve and authorize the Mayor and City Clerk to execute contracts with Tyler Technologies, lnc., in connection with the replacement of the City's current enterprise resource planning (ERP) system, known as Eden, with Munis ERP; and the replacement of the City's current permitting/licensing systems, known as Permits Plus, with Energov; and to further execute a contract with Ema, lnc. for a business process review, as well as project management services, related to the implementation of the Munis ERP and Energov replacement systems; for a total project amount not to exceed $7,200,000. PASSED AND ADOPTED this _ day of 2014. ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor T:\AGENDA\2014\July\Procurement July 30\Tyler Ema ERP - RESO.doc APPROVED AS TO rONU & LANGUAGE & FOR EXECUTIONfur 140 APPENDIX A d CD -- : City of Miami Beach ERP Gap Analysis & Plannitrg, Permitting, and Licensing Software f9EM^ June 2014 2355 Highway 36 West, Suite 200 Saint Paul, MN 551 13H, 141 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY ERP Gap Analysis.... .............. 1-1 Why Eden to Munis? ..............1-2 Planning, Permitting, and Licensing Software.............. ..............1-z Why Permits Plus/Accela Automation to EnerGov? .............. .........1-2 2. ERP GAP ANALYSIS Current State......... ..................2-1 Project Approach.. ...................2-2 Stakeholder lnterviews ...........24 GAP List..... ..........2-s Munis ERP Solution Demonstrations........... ................2-7 Tyler Connect Conference .............. ........2-10 Cross-Functional lnvolvement........... ......2-11 Munis ERP Solution Quote...... ................2-11 Summary.. ............2-12 3. PLANNING, PERMITTING, & LICENSING Current State......... ..................3-1 Energov.... ..............3-1 Tyler Connect Conference .............. ..........3-3 Energov Quote ....34 4. THIRD PARry SOFTWARE Software Demonstrations......... ................4-1 5. SOFTWARE VENDOR MARKETPLACE Software Solution Options..... ...................5-1 ERP Software Vendor Marketplace ..........5-1 CIS Software Vendor Marketplace ............5-7 142 PIanning, Permitting, and Licensing Software Vendor Marketplace ..................5-8 6. RECOMMENDATION ERP Options............. ..............6-1 Option #1: Eden (Not Recommended)..... ....................6-1 Option #2: Munis (Recommended)........... ...................6-1 Option #3: Full Request for Proposal (Not Recommended) ...........6-2 Planning, Permitting, and Licensing Software Recommendation ................6-2 EnerGov (Recommended) ........... .............6-2 Software lmplementation Risks ................6-2 Next Step ...............6-2 143 EXECUTIVE SUMMARY ERP GAP ANALYSIS The City of Miami Beach has outgrown the capabilities of its current Enterprise Resource Planning (ERP) system. This ERP Gap Analysis report captures the findings and analysis specific to the gap between their needs and what their current ERP system (a product named Eden) can provide. This analysis was conducted through a series of interviews with key City of Miami Beach stakeholders. Figure 1.1 is a graphical chart of a summary of the gaps by priority by department. The entire gap analysis is included in Appendix A. Figure 1.1: ERP Gaps by Functional Area ERP Gaps by Functional Area 35 30aa. 6es o- frzo 3rsolt E10a- 5 0 Human Pro@remenl Budget Resoures Ilopartmont rHigh rMedium rlou/ Property Managenent This report will help the City of Miami Beach understand and quantifo the gaps that exist between its ERP future state and its present state. By understanding these gaps, management can create specific action plans to move the organization forward toward its goals and close the gaps identified in the gap analysis report. While there are many ERP software vendors, only a subset of these vendors focus on the public sector. Tyler is a leading ERP software vendor in the public sector. A2012 Gartner study stated that Tyler is exclusively focused on the state and local government market, with more than 98% of its revenue coming from this sectorl. The firm serves a broad cross section of government clients, and the majority of those clients are cities of similar size to City of Miami Beach. Eden was acquired by Tyler, but Tyler's flagship product is Munis. Tyler considers Eden to have reached an "End-of-Life" status. While the software may still be useable, Tyler made the decision several years ago to focus their development resources on Munis. Other public sector entities that ' Gartner lnc. G00227887, The Nofth American Local Government tT Solution Vendor Landscape, 2012 144 also used Eden software have migrated to Munis including the City of Bradenton, FL and Rockingham County, VA. Tyler has provided a quote to the City for the Munis ERP Solution. This quote reflects heavily discounted license costs from Tyler's "Clients for Life" program. Why Eden to Munis? The City has three main options to consider: 1. Eden (Not Recommended). Remain on Eden ERP and request some enhancements that will require development time. These enhancements may never be available as Eden is in "End-of-Life" status and it is not Tyler's focus for development. 2. Tyler Munis (Recommended). We recommend that the City take advantage of Tyler's "Clients for Life" program which offers discounts on Munis license fees and negotiate a contract for the purchase of Munis. 3. Request for Proposal (Not Recommended). Develop and issue a Request for Proposal for an ERP solution that would likely result in a response from one or two vendors in addition to Munis. lt is already clear that, with Tyler's "Clients for Life" discount, the other vendors are very likely to be challenged to compete with Tyle/s proposed pricing for the ERP solution. EMA recommends Option #2 - Tyler Munis. This option provides the City with the desired functionality at a competitive price without the delay of the RFP process. The next step is for the City Manager to utilize the Tyler price quote in Appendix B and negotiate a contract. This contract will include a detailed Statement of Work that outlines the professional services that Tyler will deliver when implementing the Munis solutions. PLANNING, PERMITTING AND LICENSING SOFTWARE The City currently utilizes the Permits Plus application for plan review, permitting, inspection, and many other processes; however, the processes are not fully automated and are paper-intensive. ln 2010, the Watson Rice Report reviewed the Permits Plus system and found that it did not have proper audit controls and security weaknesses. The report directed the City to replace Permits Plus. There were plans to upgrade to Accela Automation and replace Permits Plus, but there have been many challenges over the last two years that have prevented the City from implementing Accela Automation. Why Permits Plus/Accela Automation to EnerGov? City personnel have reviewed the functionality of Accela Automation versus EnerGov and find EnerGov to be a superior product. EnerGoVs functionality includes integrated permitting workflows, electronic plan review capabilities, a G|S-centric design, a citizen portal that provides transparency to citizens to access status of requests or payment, and mobile applications for field personnel. EnerGov has "out-of-the-box" capabilities that Accela Automation does not. Tyler was asked to demonstrate EnerGov and City personnel found that the system meets their requirements, and as such, Tyler has provided a quote for EneGov. EMA, INC. 145 ERP GAP ANALYSIS CURRENT STATE The City of Miami Beach (the City) is a full service local government with more than 25 departments providing municipal services to 90,000+ citizens. The City employs approximately 1,917 full time employees and 246 parttime/seasonal employees on a 2013/14 operating budget of about $450 million. The City of Miami Beach is a destination city that attracts over 10 million tourists a year. The City relies daily on an ERP system to perform administrative business functions such as financial accounting, procurement, human resources, payroll, budget management, asset management, and other tasks. Although the City might be considered a small- to medium-sized city in terms of the number of citizens, it has unique circumstances and needs. The high level of tourism, economic development, and growth requires the city to operate with an ERP software solution that will meet the City's current needs along with the future needs as it grows and evolves. The new ERP solution should improve the citizen's customer experience, enable operational efficiency gains, ensure accountability, and provide transparency. ln June of 2004, the City selected Eden Systems (Eden) for its ERP software solution. Eden was purchased by Tyler Technologies just six months before that in December 2003. Tyler Technologies (Tyler) also has another ERP software called Munis ERP Solution (Munis), which it acquired in 1999. !n2004, the City ERP selection process considered both Eden and Munis functionality and cost and ultimately selected Eden. Several years ago, Tyler made the decision to focus primary development resources on Munis and not Eden. Today, there are stillapproximately 240 customers utilizing Eden Systems; however, since Munis is Tyler's flagship product, emerging technologies and capabilities have been added and will continue to be added to Munis and not Eden. As a result, several Eden customers have migrated to Munis. These include the city of Bradenton, FL and Rockingham County, VA. Tyler recognizes that cities such as the City of Miami Beach have business requirements that are not met with the Eden solution. Tyler operates under a unique approach in the ERP solution market with a program they call "Clients for Life". This program offers clients an option to convert from the product they have outgrown to a product that is more suited to their needs at a heavily discounted price. Clients migrating from Eden to Munis are not required to pay software license fees for modules that they currently have. An Eden to Munis migration requires professional services, hardware, license costs for modules the City does not currently have with Eden, and other costs. The fact that Tyler does not require the City to pay for software license fees creates a discounted price that is difficult if not impossible for other ERP vendors to compete with. 146 PROJECT APPROACH The City engaged EMA to conduct an ERP gap analysis and this report is a culmination of that effort. The project commenced on March 11 , 2014 with a series of functional area stakeholder interviews. From these interviews a gap list by functional area was drafted for the stakeholders to review, confirm, and prioritize. The gap list was then provided to Tyler in preparation for a demonstration of the Munis ERP Solution on April 10-11,2014. During two days of software demonstrations, Tyler addressed the gap list items and demonstrated where Munis had the capability and also identified where it did not (i.e., a modification or enhancement would be required to fulfill the requirement). Additionally, a team of cross-functional representatives from the city attended the Tyler Connect Annual Conference on April 13 -16, 2014 with the specific goal of learning more about Munis capabilities. Tyler also provided demonstrations for the Finance department. These included more in-depth demonstrations of Munis modules such as Tyler Cashiering, Cash Management, and Utility Billing. Several third party software packages have been reviewed and demonstrated as well. These third party software packages include PatternStream for automated publishing, SymPro for debt management, and Skyline Sofhruare for leasing administration. Refer to Section 4 for additional information on third party software. Table 2.1 below describes the project activities. EMA, INC 147 Table 2.1: Project Activities Table On-site interviews conducted 3111114 - 3114114 21 stakeholders representing Management, lnformation Technology, Procurement, Human Resources, Finance, and Budget Focus on current ERP system deficiencies a a a Compiled gap list as captured in stakeholder interviews Stakeholders reviewed and prioritized gap list Final gap list sent to Tyler Technologies on 41212014 Munis ERP Solution Demonstration Tyler provided an Eden ERP to Munis ERP module mapping table Tyler conducted an on-site demonstration of Munis ERP Solution on 4110114 and 4111114 Demonstration specifically addressed gap list Items that require software modifications or interfaces were noted Tyler conducted additional demonstrations for Finance of the Munis Cash Management and Utility Billing modules, Tyler Cashiering on 5122t14 Tyler Connect Conference Team of 14 individuals representing Management, lT, Procurement, Budget, Human Resources, Finance, Planning, Building, and GIS attended the conference Team members attended Munis ERP sessions Attendees further expanded knowledge of Munis ERP Munis ERP Solution Quote Munis ERP Solution initial quote provided on 3131114, 5126114, 6113114; final quote provided onOl17l14 EMA and the City reviewed the initial quote and noted items for correction or addition on 412114 Tyler Technologies provided a revised Munis ERP Solution revised quote that addressed items noted during initial review and during demonstrations Quote reviewed by the City and EMA on 5122114 Conducted on-site Stakeholder review of draft gap analysis report on June 16, 2014 148 Stakeholde r I nterviews EMA conducted stakeholder interviews with 21 staff members representing the following departments: Management, lnformation Technology, Procurement, Human Resources, Finance, and Budget, See Table 2.2 below for a detailed list of stakeholders. The interview questions focused on understanding business processes, process inputs/outputs, reporting requirements, system interfaces, process cycle time, and ERP system deficiencies. Table 2.2: Stakeholder lnterviewee Listing Mark Taxis Mark Taxis Assistont City Mdnager City Manager Project Sponsor Francis Frances Executive Office Associote I Support Ariel Sosa Director lnformation Technology IT SME Nydia Gutierrez, PMP Project Monoger Project Monoqer Alex Denis Director Procurement SME-Lead Maria Estevez Assistont Director SME Sylvia Crespo- Tabak Svlvia Cresoo-Tabak Director Human Resou rces SME-Leod Samantha Hester HR Administrotor SME Sue Radis HR Administrotor I SME lnes Ferreiro HR Speciolist SME Yesenia Alvarez HRTech ll SME Jose del Risco Lo bo r Relotio ns S pecio I i st SME Trish Walker Trish Walker Ch ief Fi no ncio I Office r Finance SME-Leod Georeie Echert Assistont Director SME Allison Williams Chief Accountont SME Ramon Suarez Finance Monager SME Frank Estevez Financiol Anolyst SME Mannv Marouez Revenue Monager SME Juan Rodriguez Treosury Monoger SME John Woodruff John Woodruff Director Budget SME-Leod MichaelHoward Budget Officer SME 149 Gap List The goal of the stakeholder interviews was to capture deficiencies with the current ERP system Eden in order to develop a gap list versus a complete list of functional requirements. lt should be noted that the stakeholders do not want to lose functionality that currently exists in Eden. . The entire gap list is included in Appendix A. ln total, 159 items were identified. Table 2.3 lists the number of gaps by department. Every department is experiencing limitations with Eden. The Finance Department is most experienced with Eden as many of their staff were with the City during the Eden installation. Consequently, the Finance staff reported more involvement with the selection and implementation of Eden. Other department stakeholders reported they were either not with the City at that time or had little involvement in the implementation. lnterviews with stakeholders from every department revealed specific gaps. These were captured in draft form and then returned to the stakeholders for review and clarification. Additionally, each department was asked to prioritize the gaps as high, medium, and low. Figure 2.1 is a graphical chart of the functional area gaps by priority. Table 2.3: Gaps by Department EMA, INC 150 ERP Gaps by Functional Area 35 30o CLO.Eo.r o- fr20 3rsotl E10fz 5 0 Finance Human Resources r High Procurement Budget Department r Medium r Low Property Management Figure 2.1: Graph of ERP Gaps by Functional Area The Finance Department identified the greatest number of gaps; the department identified 62 total gaps, comprised of 33 high, 19 medium, and l0lowgaps. The Finance Departmentgaps are further broken down by areas within that department. Table 2.4 lists the Finance gaps by area. Table 2.4: Finance Gaps by Area General Ledger 11 4 2 17 Utility Billing 12 2 2 16 Accounts Payable 6 4 10 Project Accounting 4 2 6 Accounts Receivable & Misc. Billinq 5 5 Cashiering 3 1 4 SpecialAssessments & Licensino 2 2 Fixed Asset Accounting 2 2 Total 33 19 10 62 151 The Human Resources Department identified the second greatest number of gaps; the department identified 47 total gapscomprised of 27 high,12 medium, and S lowgaps. The Human Resources Department gaps are further broken down by areas within that department. Table 2.5 lists the Human Resource gaps by area. Table 2.5: Human Resources Gaps by Area Compensation & Payroll 13 2 3 18 Recruitment & Position Control 7 2 3 12 Training 5 2 7 Labor Relations 2 2 1 5 Benefits & Leave 4 4 Other 1 1 Total 27 12 8 47 Munis ERP Solution Demonstration The prioritized gap list was provided to Tyler prior to the on-site Munis demonstration. The demonstration was conducted in two full-day sessions. Tyler began by providing a high level overview that included Dashboards, General Navigation, Self Service, Workflow, Document Management, and Reporting. The City's ERP business processes are performed utilizing Eden modules and a separate third party cashiering system called Core Cashiering. Some of the Eden modules have a comparable module in Munis and, in some cases, Tyler has a separate comparable Tyler software module. Tyler provided a mapping of the Eden modules to the Munis modules. Table 2.6 contains that mapping. EMA, INC. 152 Description - Existinq Eden Confiouration Descrinlion - TvlerlMunis Core Cashierino Reolace Wth Tvler Cashierino - Reolace with SA|U Cost Administration - DD/EM Suooort NiA GUAP/PG Munis Accountinq/GUBudoeVAP LaserFiche lnterface Suooort TBD - Replace with Tvler TCM SE - Replace with SA/i/ Cost State Packaoe Suooort N/A - lncluded with Munis GASB Suooort Upqrade to Tvler CAFR Statement Builder Accounts Receivable Munis Accounts Receivable & General Billinq Module lnterface Suooort (Real Time lnterface -Querv)N/A - Applies to Core Cashierinq Product Human Resources Munis HR Manaoement lnterface Suooort (Real Time lnterface - Uodate)N/A - Applied to Core Product Contract Manaoement Munis Contract Manaoement Special Assessment Munis Utility Billinq with Assessments lncluded Fixed Assets Munis Fixed Assets Parcel Manaoer Munis Central Prooertv Tyler Payments - Hostinq Fee N/A Advanced Budoetino Munis Accounti no/GUBudoeUAP Aoolicant Trackino Munis Aoolicant Trackino Licensino EnerGov - for Business Licensino Position Budoetino Munis Pavroll Proiect Accountino Munis Proiects & Grants Tvler Outout Processino N/A Emolovee Trainino Munis Payroll Utilitv Billino Munis Utilitv Billino CIS Handhelds Munis UB lnterface Payroll Munis Payroll with Employee Self Service Requisitions Munis Purchasino lnventory Munis lnventorv Bid & Quote Munis Bid Manaoement Accounts Pavable Suooort Web Munis - eProcurement Accounts Receivable Support Web Munis Citizen Self Service Applicant Trackinq Supoort Web Munis Aoolicant Trackino Bid & Quote Support Web Munis -eProcurement Human Resources Support Web Munis Pavroll with Emolovee Self Service Licensinq Support Web Munis Citizen Self Service Special Assessment Support Web Munis Citizen Self Service Emplovee Trainino Support Web Munis Pavroll Emolovee Self Service Utilitv Billinq Support Web Munis Citizen Self Service Table 2.6: Mapping of Eden Modules to Munis Modules The on-site demonstration of Munis took place on April 10-11,2014. EMA was on-site for the demonstration session. John White, the Tyler representative leading the demonstration, took care to EMA, rNC. 2-8 153 review each gap item. The session was well attended by the City's personnel. Representatives from every department attended, the session allowed time for question and answer, and there was good participation. Table 2.7 lists the staff represented in the Munis demonstration sessions by department. Table 2.7: Munis Demonstration Aftendees Glester Edwards Linda Blanco Kathie Brooks Allison Williams Benjamin Nussbaum Frank Estevez Georgie Echert Ginette Luxama Jimmy McMillion Juan Rodriguez Lidia Cristobal Manny Marquez Ramon Suarez Raul Soria Rubylle Liberty Sara Patino Scott Wagner Tonda Shaw Tracey Hejl Trish Walker lnes Ferreiro Samantha Hester Sylvia Crespo-Tabak Yasenia Alvarez Nydia Gutierrez Georgette Daniels John Woodruff Judy Hoanshelt Mike Howard Tameka Stewart Steven Greene Alex Denis Maria Estevez RaquelAieta Sandra Rico Shirley Thomas Steven Williams Yolanda Centado-Seiglie @ Bldg Bldg cMo Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance Finance HR HR HR HR IT OBPI OBPI OBPI OBPI OBPI Planning Procurement Procurement Procurement Procurement Procurement Procurement Procurement 154 Lourdes Rodriquez Sue Radig Natasha Diaz Lynne Powers John \Mite Todd Cloutier Tim Vickers Purchasing Risk Benefits TCED EMA Tyler Tyler Tyler After the demonstration session the gap list was updated to note if the item was demonstrated fully, partially, or could not be demonstrated. ltems that could not be demonstrated were noted as requiring a modification or an enhancement to fulfill that requirement. Tyler Connect Conference Tyler holds an annual users conference that the City, as an Eden user, has attended in the past. This year the City sent 14 representatives and asked them to attend Munis classes so they could more fully understand the software's capabilities. Additionally, the users conference allows attendees to connect with public sector peers utilizing Munis as well as Tyler staff that support Munis. Attendees included representatives from Management, lT, Procurement, Budget, Human Resources, Finance, Planning, Building, and GlS. ln addition to Munis ERP sessions, attendees were able to learn more about Tyler products such as Tyler Cashiering. Table 2.9 lists Tyler conference attendees. Mark Taxis Ariel Sosa Nydia Gutierrez Alex Denis Maria Estevez MichaelHoward Tameka Ofto-Stewart Samantha Hester Katherine Gonzalez Ramon Suarez Frank Estevez Carmen Sanchez Linda Blanco Keary Cunningham Prior to the conference, EMA provided a list of educational sessions applicable to the City. The team reviewed the session list and planned their time accordingly during the conference. The insights gained during the conference were valuable and strengthened the team's knowledge of Munis capabilities. Table 2.9: Tyler Connect Conference Attendees Executive IT Procurement Budget Human Resources Finance Planning - EnerGov Building - EnerGov GIS EMA, INC 2-10 155 Cross'Fu nctional lnvolvement The ERP Gap Analysis process included strong cross-functional involvement at the City. Over the course of the last few months, from stakeholder interviews through software demonstrations, the City experienced strong participation from every department in each step. Getting people involved and making sure their voices are heard are important steps in ensuring long-term engagement with the ERP project. Often times Finance and lT departments take the lead role in a city's ERP selection and implementation. While these departments certainly have key roles in the project, they cannot specify system requirements for other functional areas. At the City of Miami Beach, all stakeholders understand how the system will improve the operations of their area. Munis ERP Solution Quote Tyler provided the City with an initial quote for the Munis ERP Solution on March 31,2014. EMA and the City reviewed the initial quote with Tyler on April 2, 2014 and it was noted that the quote should be revised after the demonstration. Tyler Technologies provided a revised quote that addressed items noted during initial review and during demonstration. Table 2.10 summarizes the Munis quote. Appendix B contains the full Tyler quote. The quote reflects Tyler's "Client for Life" discount on licensing for the City's existing Eden modules. EMA, INC 156 Table 2.10: Munis Quote tunb Quote Software License Munis Software License Less: License Discount* Total Munis Software License Professional Services Munis Services Munis lmplenentation Cost Munis Data Conrcrsion Cost Less: Data Conrersion Discount Other Services 3rd Party lnterface Testing Assistance AP/PR Check Recon lmport AP Positiw Pay Erport Format 25% of Dedicated Project Manager (12 Months) 50o/o ol Dedicated Project Manager (12 Months) Dedicated Full 'Time Project Mlanager (12 Months) End User Training - Muttiple Sessions Estimated Trarel Erpenses E{ended Analysi9Funclional Lead Training lnplernentation Day lnstall Fee - t,lew Serrer lnstall-WlN Munis Admin & Security P-Card lmport Format WO Encumbrances Potential SW Modificaitons Bucket & lnterfaces - TBD if llleeded Project Planning Services PR Positirc Pay Eport Format Munis -Tyler Forns Library Total Professional Services Small Hardware Munis Small Hardware - Scanners, Printers Tota! Hardware Cost * - Purchased ftom Munb Total lmplementation Cost SUMMARY $ 1,511,600 $ (1,138,150) $ 373,450 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 478,225 126,300 (63,150) 17,625 1,000 3,000 90,000 144,000 249,000 210,298 sz,its 12,000 8,225 7,500 124,300 3,000 16,200 $ 1,/40,398 $ 41,800 $ 41,800 $1,895,648 The City has identified the current gaps with its ERP solution Eden. Tyler has demonstrated that its Munis sofhryare provides a strong solution for the City's ERP requirements. EMA, INC.2-12 157 Table 2.10: Munis Quote lUlunb Quote Software License Munis Software License Less: License Discount* Total Munis Software License Professiona! Services Munis Services Munis lmplernentation Cost Munis Data Conrcrsion Cost Less: Data Conversion Discount Other Services 3rd Party lnterface Testing Assistance AP/PR Check Recon lmport AP Positive Pay Export Format 25% ol Dedicated Project Manager (12 Montrs) 50o/o ol Dedicated Project Manager (12 Months) Dedicabd Full Time Project Manager (12 Months) End User Training - Multiple Sessions Estimated Travel Expenses Efended Analysis/Functional Lead Training lnplenentation Day lnstall Fee - ilew Sener lnstall-WlN Munis Admin & Security P-Card lmport Format WO Encumbrances Potential SW ttlodificaitons Bucket & lnErfaces - TBD if l.leeded Project Planning Services PR Positiw Pay Eport Format Munis -Tyler Forms Library Total Professional Services Small Hardware Munis Small Hardware - Scanners, Printers Total Hardware Cost * - Purchased ftom Munb Total Implementation Cost SUMMARY $ 1,511,600 $ (1,138,150) $ 373,450 $ 478,225 $ 126,300 $ (63,150) $ 17,625 $ 1,000 $ 3,000 $ 90,000 $ 12t4,000 $ 249,000 $- $ 210,298 $- $ 52,875 $ 12,000 $ 8,225 $ 7,500 $ 124,300 $- $ 3,000 $ 16,200 $ 1,/40,398 $ 41,800 $ 41,800 $1,895,548 The City has identified the current gaps with its ERP solution Eden. Tyler has demonstrated that its Munis software provides a strong solution for the City's ERP requirements. EMA, INC.2-13 158 PLANNING, PERMITTING, & LICENSING CURRENT STATE As a municipality, the City requires workflow management and transparency for a variety of building and business functions. These functions include planning and zoning, building permits and inspections, code enforcement, fire permits and inspections, and business tax receipts (licensing). lt is also vital that citizens are provided with access to the status of their permits and requests to provide transparency to the public. Currently, the City is experiencing a high degree of building growth which creates more demand and work for the permitting, plan review, and licensing functions. Additionally, the licensing process is in large part managed through manual workflows today. The Ci$'s licensing entails an annual notification to businesses that their license renewal is due along with payment for license fees and any outstanding city invoices and liens. lf a business does not renew or pay their fees, field enforcement personnel are then required to physically visit the location to determine if the business is still in existence, has changed hands, or just simply has not paid. While the Building Department may be the main owner of these permitting and associated processes, there are other departments that are involved including: Planning, Public Works, Fire, Code Compliance, City Clerks, Parking, Finance, Sanitation, and the Special Events Division of the Tourism and Cultural Development Department. The Building Department is currently utilizing the Permits Plus application for plan review, permitting, inspection, and many other processes. However, the processes are not fully automated and are paper intensive. For a city with such high economic growth, the inefficient process aggravates citizens, builders, and developers. ln 2010, the Watson Rice Report, reviewed Permits Plus and found that it did not have proper audit controls and security weaknesses and directed the City to implement a system with proper audit and security controls. There were plans to upgrade to Accela Automation and replace Permits Plus, but there have been many challenges over the last two years that have prevented the city from implementing Accela Automation. ENERGOV City personnel have reviewed the functionali$ of Accela Automation versus EnerGov and find EnerGov to be a superior product. EnerGov's functionality includes integrated permitting workflows, electronic plan review capabilities, a G|S-centric design, a citizen portal that provides transparency to citizens to access to review status of requests or payment, and mobile applications for field personnel. EnerGov has "out-of-the-box" capabilities that Accela Automation does not. Specifically, City personnel noted that EnerGov offers the following "out-of-the-box" capabilities: 159 o Workflow that is inclusive of the planning process thereby allowing important information captured in the planning process to flow through to the permitting and other processes o lntegrated cross-functional workflows to enable notifications and tasks to be sent to code enforcement and other field personnel . Ability to handle fee calculations. . Cross-functional visibility to allow a single field visit to accomplish multiple tasks o Mobile application designed for mobile and tablet devices to allow field personnel to manage caseloads, inspections, code enforcement, and the plan review process remotely o GIS map sources that allow users to have a comprehensive view of an area or parcel. This comprehensive view includes individual assets, code violations easements, and other applicable information. Tyler was asked to demonstrate EnerGov and City personnel found that the system meets their requirements and as such Tyler has provided a quote for EnerGov. Table 3.1 describes the EnerGov project activities. The demonstration of EnerGov was conducted on attended by city personnel as well. Table 3.2 demonstration sessions by department. 2014. This demonstration was well staff represented in the EnerGov May 7, lists the Table 3.1: Project Activities Table Tyler conducted a demonstration of EnerGov on 512114 Tyler Connect Conference Team of 14 individuals representing Management, lT, Procurement, Budget, Human Resources, Finance, Planning, Building, and GIS attended the conference Building and Planning team members attended EnerGov sessions Attendees further expanded knowledge of EnerGov Table 3.2: EnerGov Demonstration Attendees Brad Mosher Glester Edwards Linda Blanco Cynthia Neves George Castell Heman Cardeno Manny Villar Rafael Granapo Robert Santos-Alborna Lynne Powers Georgie Echert Trish Walker Brdg Bldg Bldg City ClerUS. Master Oflice Code Code Compliance Code Code Code EMA Finance Finance 160 Tyler Connect Conference Planning and Building department attendees were able to learn more about Tyler products such as EnerGov Planning, Permitting, and Licensing Solutions at the Tyler Connect Conference on April 13- 16, 2014. The insights gained during the conference were valuable and strengthened the team's knowledge of EnerGov capabilities. Table 3.3 lists Tyler Planning and Building department conference attendees. Elena Tellez Jorge Waulio Juan Meizosa MrgilFemandez Betty Mui Laurent Yamen Nydia Gutierrez Carmen Sanchez Michael Belush Rogello Madan Steven Williams Carey Osbourne DemarWoodson GabrielForthne Adriana Centro Keary Cunningham Rhonda McPherson Natasha Diaz Raul Gonzalez Matt Kesler Tim Vickers Fire Fire Fire IT IT IT Planning Planning Planning Planning PublicWorks Public Woks /Engineering/Road Public Works /Engineering Public Works /GlS PublicWorks /GlS Public Works/Sanitation TCED TCED Tyler Tyler Carmen Sanchez Linda Blanco Table 3.3: Tyler Connect Conference Attendees Planning - EnerGov Building - EnerGov EMA. INC 161 EnerGov Quote Tyler Technologies provided a revised quote that addressed items noted during initial review and during demonstrations. Table 3.4 summarizes the EnerGov quote. Appendix B contains the full Tyler quote. Table 3.4: EnerGov Quote EnerGov Quote Software License EnerGov Software License Less: Discount Total EnerGov Software License Professional Services Ener@v Professional Services EnerC;ov Esti mated Trawl Total Professiona! Services Cost Total lmplernentataon Cost $ 1,244,955 $ (239,545) $ 1,005,410 $ 859,100 $ 54,400 $ 913,500 $ 1,918,910 162 THIRD PARTY SOFTWARE During the gap analysis review, stakeholders identified requirements for functionality that are not typically included in an ERP software package; therefore, ancillary third party software has been identified, and while not part of the ERP software, their installation and configuration should be managed as part of the implementation project. These ancillary third party software requirements include the following: o Automated Publishing - The City's Budget Department requires the ability to rapidly compile and publish materials from various sources including spreadsheets, PDF documents, word files, XML, and other formats. This functionality is critical to streamlining the production of the annual budget book. Tyler recommends PatternStream for this function and the City budget personnel have experience with PatternStream. . Debt Management - The City's Finance Department requires a tool to manage debt service, redemptions, service providers, compliance, and reporting for debt or bonds. Tyler referred SymPro Debt Manager for this function as it is utilized by some of their other clients and offers an open architecture that integrates with Munis. o Real Estate The City's Real Estate Department requires a comprehensive lease administration, tenant, propefi, and facilities database. Tyler referred Skyline Software for this function as it is known as a software package that meets requirements of other municipalities with similar realestate management requirements and those municipalities are satisfied with it. SOFTWARE DEMONSTRATIONS The Budget Department has experience with PatternStream and attended a demonstration of the software. Budget Department management considers the software critical for production of the annual budget book and believe it should reduce the annual budget book production time from three months to one month as well as greatly improve the look and feel of the document. PatternStream will also effectively overcome current reporting shortcomings of the City's performance management sofhruare Active Strategy. The Finance Department attended the SymPro debt management software demonstration on May 23,2014 and found the functionality to meet its requirements. The software is relatively low cost, provides needed functionality, and integrates with Munis. The Finance and Real Estate Departments attended the Skyline real estate management software demonstration on June 12, 2014 and found the functionality to meet their requirements. The software is relatively low cost and provides needed functionality. Table 4.1 reflects the third party sofhrare quote. 163 Table 4.1: Third Party Quote Thild,Party Quote Software Licenses PatternStream Software License SymPro Debt Management License Sky li ne Softvnre ( Property ManagemenULeasi ng) Esti rnate TotalThird Party Software License Cost Professional Services PafiernSfeam Services SymPro lmplementation/Conrcrsion Services Skyline Softvuare Services Total Professiona! Services Cost Total Cost Yellow highlights reflect estimates or areas where quotes are impending $ $ $ 75,528 35,000 10,000 120,528 13,900 13,900 134,428 EMA, INC 164 SOFTWARE VENDOR MARKETPLACE SOFTWARE SOLUTION OPTIONS The City has a number of options in the public sector ERP software vendor marketplace. Additionally, since ERP systems are modular, the City has the option to select a separate stand- alone software package for some functions such as a Customer lnformation System (ClS)/Utility Billing system. This section of the report provides the city with information on the ERP vendor marketplace. Also, per the CFO's request, there is a section regarding the C|S/Utility Billing marketplace. This information is based on EMA's experience and knowledge of the sofhruare vendors most often serving the public sector. The marketplace and sofhruare vendor capabilities are always changing as companies continue development efforts, vendors are acquired by competing vendors, and other influences. There are other software vendors in the ERP and CIS market and vendors with solutions for individual ERP functions; therefore, this information is intended as an overview of the landscape versus all options available to the City. ERP Software Vendor Marketplace The ERP software market includes hundreds of vendors; however, vendors tend to differentiate themselves on the basis of industry-specific business functionalities and essentially focus on a vertical market. One of these vertical markets is government or public sector. ERP vendors who focus on the public sector do this not only with specific functionality, but they also employ application consultants, trainers, and other staff with public sector business process knowledge. ERP vendors focused on the public sector can be categorized into Tiers, as seen in Figure 5-1. Tier 1 vendor packages are the most expensive and rely on third party system integrators for implementation. Tier 2 vendor packages are less costly and are generally implemented by the vendor themselves. Lastly, Tier 3 vendor packages are least costly but generally do not have as many capabilities and options. ffindonaly known ERP wndors wih 3d party s!,sbfir fegrabrs dealirq wih larger mr*dpdslflDlic sedor entities wih a Total Coddotrnerhip wer 5 years of >$10M aLsrr r€S known ERPverdors wih medium lo small sedorenlities wih a d Ornership over 5 years of bqrsed on small secb6nt[es wih a Tohl orer 5 years of <-$3M Figure 5-1: CIS Vendor Tiers 165 Figure 5-2 categorizes some of the more well-known ERP vendors focused on the public sector into the tiers. tyler @oRru@ !lr,raubrid.sror",.,..$rr,tuNrs workdoy$fftcAm' P[lnnoprise rCogsdale l,fpringbrook Figure 5-2: ERP Vendors Categorized in Tiers Tier 1 ERP Vendors Tier 1 vendors provide ERP software that is able to scale and serve billion-dollar enterprises that have multiple facilities or may be international. These systems are well equipped to support global operations of large enterprises to meet requirements such as multi-locations, multi- currency, multi-languages, and complex compliance issues. Tier 1 ERP vendors are internationally known and generally require the client to engage a third party system integrator. These third pafi system integrators tend to focus on or specialize in vertical markets or the larger consulting firms have specialized groups within their company that focus on the public sector. Some of the third party system integrators that specialize in public sector implementations of Tier 1 software packages include: Accenture, Deloitte Consulting, lBM, OptimalSolutions, and Ciber. EMA, INC 166 Figure 5.3 provides more detail on the Tier 1 vendors' strengths and weaknesses. ln general, a strength is that these software packages are feature-rich with many "out-ofthe-box" features and processes. These systems are very customizable to meet the entity's needs. These vendors generally market themselves through Value Added Resellers (VARs) that sell the software and act as a third party system integrator. A weakness or drawback of these Tier 1 vendors is their high cost to implement, Total Cost of Ownership (TCO), and longer implementation times. Vendor Strengths Waaknasses Platform Cloud / SeaS Optlons Tler {,1 .rr .*anlhr r.r . afrufuJritlmd ; hrrtrrcrr,r. ::. ibtyoubofdre.bor, .riltdrrdpocrlos. ',: ,,,'1,', Frwcr intcrfae options or partnerc thrn Orude/ SAP/ MS. Cen bc lcss dstomizebl6. Smrll numberof public sector impbmcntetions, Erponsivo. Rrquirose 3d partyto dcploy. Oreclc / SQL Server/ IBM D82 Yes 1 .. flo&lEyulth hltsdrornd rfrE.r.. ' Srhrdrnr.rmbrrof VAnrpwldrrrblllty no trortvfth rtronj ffryLm.llbr. Dorrnot hrvoutility billin3; Pryroll/HR ie not wcll euitrd for union complcxitirs. Rcquires r 3d party to dcy'oy. Windows Client/Scrvcr Yes 1 frpdrd*dbu ofh*mgrttonr ttrrryfro&h-elnra t0Io$mizrbb. CustomizeHe options elsomean h is .xp€n3iveto buy, to customizc, andto rupport. Rcquircsa 3d partyto dcploy. Oracle Yes 1 flrol| Pryroll/HR fur.doni . CwtomizaHeoptions .bom.an it is rxponrivcto buy, to orstomirc, and to tupport.. Roquiresr3dpartyto doplov. Oraclc / SQL Scrvcr Yes t ',,!qrdr$oyrdbrrr cf }rphnentrtionr. lkyf,odbb-rlmoc IS*orfinrizrbh. . Priwtrc.ctorfocus- notvcryfocuscd on municipelor public saclor.. Raquiregr3dpertyto dcploy. SAP Web Application Server Yes L EMA. INC Figure *3: Tier 1 ERP Vendors 167 Tier 2 ERP Vendors fier 2 vendors provide ERP software at a lower TCO and their primary target market is mid-size public sector entities. These vendors utilize their own application consultants for implementation services and do not generally rely on third party system integrators to configure the system. The Tier 2 vendors listed below in Figure 5.4 are established vendors in the public sector ERP software market. ln general, a strength of these vendors is that their software packages are designed to meet unique public sector requirements without extensive customizations. Another strength is that since these vendors are focused primarily on the public sector their implementation teams have a strong understanding of public sector business processes for mid- size entities. ln summary, these Tier 2 vendors have a lower cost to implement and Total Cost of Ownership (TCO) than Tier 1 vendors but still have strong functionality. It should be noted that the average five year TCO for Tier 2 ERP systems is between $3M and $10M. The City's quote from Tyler for Munis has a five year TCO of $3.8, which is at the bottom of the range while still delivering the City's desired functionality. This low cost is due to Tyler's unique "Clients for Life" discount program. EMA, INC 168 Vrndor Sbrngthr Woknou Plrtform Cloud/SuS TLr '.;.:. tylef ";i"nllur.rrs llN*rwrd.!i!ire',,.s brrdl Supports muhiple productswhich spreads development and support resources thin. Longdeployment windows. Success ofthe proiect is nery depcndent on the who PM is. .NET/SQL Server Yes 2 offtyH|Stg poft! rfs.trh . lmplementation challenges-many failed implementations.. weakutilitybilling.. Strongpresencein Midwest states. Microsoft browser- based Yes 2 SUI{GARD lFsr3rl: - -ffimarWrpnt {E?s,:.ii,. f,,:.:Q$offiocuson ERP. i*- ,{qe*offeriq, uti.r..l@ofi rt'ron,has i" Sodplchariry ard 1,'.;. 6lri&sncinb. of . Verydelayedin offeringnewversion - 5 years into development.. Very small number of ONESolution implementations .. Docsnothaveutility billing. Partofaverylarge company. Not focused on ERP. .Nfi Yes 2 *Jfii, obicctdata t bl€t *pto t}. . Offlineoperational capabilhies.. Financialsoftware system is less mature than HR system.. TheWorkdaysoftware is not nearly as broad asother ERP software suhes; will require Workday customers to pursue a muhi-vendor lT. lntegration Cloud Yes 2 Figure 5-4: Tier 2 ERP Vendors EMA. INC 169 Tier 3 ERP Vendors Tier 3 vendors provide ERP software generally at an even lower TCO, but their primary target market is mid-size to small public sector entities. These vendors also utilize their own application consultants for implementation services. The Tier 3 vendors listed below in Figure 5.5 are established vendors in the public sector ERP software market. ln general, a strength of these vendors is that their implementations are shorter, but this is in part due to their smaller-sized customer base. A weakness is that the software is not as capable and does not offer as many options across all modules. ln summary, these Tier 3 vendors may lack functionality that the City requires. Figure 5-5: Tier 3 ERP Vendors Vrndor Stnrn3ttr Wrrknerrlr Phtform Cloud/SrrS Thr ffiffiffiiiiot".r ffiffifiafrh ffiittcntttt"tta.tp#+nrrauvnoth ff*il*rurtg!rudEty il,;shc& rQdyopnroximate[ 1,,:.:aUtistrfiEdon$ YVlndorrs ClbntlServer No 3EIS&A lotrw^t Microsoft BnamicsGP/ SQLScruer Yes 3r Cogsdale iii"i a-:glrrttcdbyHani3 *lSdr hac 25 differert grr *&tiso rdEirclopmeat and 3qBPOrt resources are spttidthin.. vcryfcw implementations.. lffimoduleb not Oracle/sQt Server Yes 3 Iltllnn6pli5s (t!p,'irr gt'rrook . Westcoast3upport hours.. HR firnctionsarenot al (trbustas some ERP3.. tltilitybilling functionalityis averaSB. .NET Yes 3 EMA, INC 170 CIS Software Vendor Marketplace There are dozens of CIS vendors in the marketplace. Similar to ERP system vendors, CIS vendors can be categorized into 3 Tiers. Also like ERP packages, Tier 1 CIS products are the most expensive with costs declining at Tier 2 and then again at Tier 3. Tier 1 CIS firms are nationally known and typically deal with larger utilities. Tier 2 includes regional or less well known nationalfirms who work with utilities of less than 100,000 accounts. Tier 3 is typically comprised of small ERPs with CIS modules. Nationally knorn CIS firms dealing wih larger utilities Regional or less nell known national fi rms typically dealirg with utilities of <100,000 accounb SmdlERPs with CIS module Figure *6: CIS Vendor Tiers Figure 5-7 categorizes some of the more well-known CIS vendors into the tiers. 3ri7fl ORACL€'{I HANSEN I I TECHtrOLOGIES UTILTNES ,it i!il. :'Cogsdale rts '.$ tylgr, !{x*,rya4{},sr'rts Figure 5-7: CIS Vendors Categorized in Tiers l.?.y,l r : :: t$ mn*F,',f[' r nrfole- HANSENS '.$n,tuNrs !|$Innoprise *y 3vrtme --eSdtrrr 171 Tier 1 vendor products are the most expensive and rely on third party system integrators for implementation. Tier 2 CIS vendors are less costly and are generally implemented by the vendor themselves. Lastly, Tier 3 vendor packages are least costly but generally are not as capable. Tier 1 CIS products represent the most flexibility, "out-of-the-box" functionality, and ability to interface with partners. Tier 2 products are fairly flexible and functional and will interface with most partners but are less expensive than Tier 1 products. Tier 3 CIS products will be markedly less flexible and functional than Tier 1 and Tier 2 CIS products and less costly. Both Tier 1 and Tier 3 CIS products are often applications or modules within ERP systems, although not always. A number of Tier 2 CIS products are considered best-of-breed. ln other words, although they may integrate with some products, their primary functionality is utility billing and they are not developed as part of an ERP system or suite of software. Best-of-breed products often require more interfaces, but they are designed with this is mind and their utility billing functionali$ is often more developed than that of ERP utility billing modules. Planning, Permitting and Licensing Software Vendor Marketplace Municipalities have traditionally relied on a combination of stand-alone databases or systems along with manual processes to manage their planning, permitting, and licensing. As municipalities strive to more effectively manage workflow and provide improved public transparency, software vendors are developing and delivering products to meet these needs. Therefore, there are many software vendors in the planning, permitting, and licensing software vendor market but not all are full-service providers. EnerGov is a full-service provider of planning, permitting, and licensing, software for local and state governments. As such, EnerGov is experiencing fast growth and has over 5,000 licensed users in the government sector. The product is comprised of Permitting, lnspections, Licensing, Code Enforcement, Planning/Zoning, Mobile, and Online modules. Other providers are expanding their software functionality to meet this full-service requirement. Specifically, Accela has upgraded the Permits Plus software (a client-server system) to Accela Automation (a new web-based system). The City utilizes Permits Plus today and was planning to implement Accela Automation. Although Accela Automation delivers services via the web and automates critical tasks associated with permitting and licensing, many of the City's requirements require modifications. Some of these can be accomplished within the existing software framework; still, other needs are beyond what can be accomplished with either one of the Accela software solutions. There are other sofhruare vendors that provide planning, permitting, and licensing solutions for local government, including HdL Permits, lworq.net, CRW Trakit, Permit Soft, and CAA-File Maker. EMA, INC 172 Table 5.1 shows a listing of some other vendors that provide permitting and license software along with their applicable software name. City personnel have evaluated the software vendor offerings for permitting, planning, and licensing. Through software demonstrations and information gathered at the Tyler Connect Conference, City personnel find EnerGov to be a premier provider that meets the City's critical planning, permitting, and licensing needs that are lacking/limited in other software offerings. Table 5.1 : Permifting and License Software Vendor Listing Tempo 12.5 lnforl0 Public Sector Enterprise Microsoft CRM 2011 Siebel 8.2.2, Oracle Policy Automation 10.3, Oracle E- Business Suite 12.1 CRM 7.0, SAP ERP 6.0 EhP4 Tempest 71500, Vadim 1 .38.00, Diamond 9.00.0131 , WorkTech 6.0, Pacific Alliance 3.06 ONESolution CDR, NaviLine, Plus Series EMA, INC 173 REGOMMENDATION ERP OPTIONS The ERP system is a mission critical application for the City. lt is a vital system enabling the City to perform administrative business functions such as financial accounting, procurement, human resources, payroll, budget management, asset management, and other tasks. The cunent ERP system gaps must be addressed. The City has three options for addressing these gaps that should ultimately improve the constituent's customer experience, enable operational efficiency gains, ensure accountability, and provide transparency. Each of these options is described below. Option #1: Eden (Not Recommended) The City remains on Eden for their ERP softvvare solution and requests that Tyler add the required system functionality through a series of formal system enhancement requests. Tyler would review and scope these requests and provide quotes and implementation timelines for the City to review and approve. ln some cases, the desired functionality may not be available, or it may take months or years for Tyler to provide this functionality. Tyler considers Eden to have reached an "End-of-Life" status. While the softryare may still be useable, Tyler made the decision several years ago to focus their development resources on Munis. Since Tyler is largely focusing their development resources on Munis, it is likely that some of the desired functionality may not be available or have a long development window. Option #2: Munis (Recommended) Take advantage of Tyler's "Clients for Life" program which offers discounts on Munis license fees and, working with Tyler's quote, negotiate a contract for the purchase of Munis. Tyler has demonstrated that the Munis solution will provide the majori$ of the functional requirements. Some requirements listed in the gap analysis are noted by Tyler as requiring a modification and the quote assumes professional service hours for those modifications. Tyler considers Eden to have reached an "End-of-Life" status. While the software may still be useable, Tyler made the decision several years ago to focus their development resources on Munis. Other public sector entities who have used Eden software have migrated to Munis including the City of Bradenton, FL and Rockingham County, VA. Tyler has provided a quote to the City for the Munis ERP Solution. This quote reflects heavily discounted license costs from Tyle/s "Clients for Life" program. It should be noted that the average five year TCO for fier 2 ERP systems is between $3M and $10M. The City's quote from Tyler for Munis has a five year TCO of $3.8, which is at the bottom of the range while still delivering the City's desired full functionality. This low cost is due to Tyler's unique "Clients for Life" discount program. 174 Option #3: Full Request for Proposa! (Not Recommended) The City conducts a formal selection process in which it further refines functional and technical requirements, writes and issues an RFP, assesses the vendor proposals, develops vendor demonstration scripts, conducts scripted vendor demonstrations, and selects a vendor or vendors that meet the City's requirements. This selection process would add an additional I - 12 months to the solution delivery timeline and add additional costs. As described in this report, there are a number of vendor solutions available to the City; however, given the City's size and requirements, it is likely that the viable RFP respondents would be Tyler and one or two other vendors. Tyler's heavily discounted licensing would allow them to compete very favorably against the other vendors. The disadvantage is that it extends solution delivery by 9-12 months and it is highly possible that Tyler would provide the most compelling proposal and the City would select Tyler anyway. PLANNING, PERMITTING, AND LICENSING SOFTWARE RECOMMENDATION EnerGov (Recommended) City personnel have reviewed the functionality of Accela Automation versus EnerGov and find EnerGov to be a superior product. EnerGov's functionality includes integrated permitting workflows, electronic plan review capabilities, a G|S-centric design, a citizen portal that provides transparency to citizens to access status of requests or payment, and mobile applications for field personnel. Tyler was asked to demonstrate EnerGov and City personnel found that the system meets their requirements and as such Tyler has provided a quote for EnerGov. The recommendation is to move fonruard with negotiating a contract with Tyler for the purchase of EnerGov. SOFTWARE IMPLEMENTATION RISKS The City should be aware that software implementations are a significant endeavor. lt is anticipated that this effort will take at least three years followed by a six month stabilization period for each major module. Any system implementation has risks. These risks can include lack of organizational commitment to the project, lack of alignment on project goals, unclear system requirements, lack of user commitment to the project for activities such as testing, and lack of commitment to the project schedule. The City will be required to manage risks that threaten to delay or jeopardize the implementation of the ERP system in order to reap the benefits of the recommendation. NEXT STEP lf the Commission approves recommendation for Munis and EnerGov, the next step is for the City Manager to utilize the Tyler price quote contained herein and negotiate a contract. This contract will include a detailed Statement of Work that outlines the professional services that Tyler will deliver when implementing the Munis / EnerGov solutions. EMA, INC 175 APPENDI)( B STANDARD FORM OF AGREEMENT BETWEEN CITY OF MIAMI BEACH AND EMA, INC. FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date") between CITY OF MIAMI BEACH FLORIDA ("Client") and ("EMA").EMA,Inc. dAla EMA of Minnesota, Inc. Client intends to contract for assistance in BUSINESS PROCESS ANALYSIS AND PROJECT MANAGEMENT FOR CITY OF MIAMI BEACH ENTERPRISE RESOURCE PLANNING SYSTEM ("ERI,,'; PROJECT ("Project"). Client and EMA agree as follows: ARTICLE 1 - SERVICES OF EMA 1.01 Scope A. EMA shall provide, or cause to be provided, the services set forth herein and in Exhibit A ("Services"). ARTICLE 2 - CLIENT'S RESPONSIBILITIES 2.01 General A. Client shall have the responsibilities set forth herein and in Exhibit B. B. Client shall pay EMA as set forth in Exhibit C. C. Client shall be responsible for, and EMA may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Client to EMA pursuant to this Agreement. EMA may use such requirements, programs, insffuctions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 SERVICES SCHEDULE FOR RENDERING 3.01 Commencement A. EMA shall begin rendering the Services as of the Effective Date of the Agreement. 3.02 Time for Completion A. EMA shall complete the Services within a reasonable time. Specific periods of time for rendering specific Services are set forth, or specific dates by which Services are to be completed, are provided in Exhibit A. B. If, through no fault of EMA, such periods of time or dates are changed, or the orderly and continuous progress of EMA's Services is impaired, or EMA's Services are delayed or suspended, then the time for completion of EMA's Services, and the rates and amounts of EMA's compensation, shall be adjusted equitably. C. If Client authorizes changes in the scope, extent, or character of the Project, then the time for completion of EMA's Services, and the rates and amounts of EMA's compensation, shall be adjusted equitably. D. Client shall make decisions and carry out its other responsibilities under this Agreement in a timely manner so as not to delay EMA's performance of the Services. ARTICLE 4 - INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices. EMA shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. EMA shall submit its invoices to Client on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A. Failure to Pay. If Client fails to make any payment due EMA for Services and expenses within 30 days after receipt of EMA's invoice, then EMA may, after giving seven days written notice to Client, suspend performance of the Services under this Agreement, until Page I of 7 Standard Form of Agreement Between Client and EMA for Professional Services Revised 12109109 176 Client has paid in full all amounts due for Services, expenses, and other related charges. B. Disputed Invoices. lf Client contests an invoice, Client may withhold only that portion so contested, and must pay the undisputed portion. C. Legislative Actions. If after the Effective Date of the Agreement any governmental entity takes a legislative action that imposes taxes, fees, or charges on EMA's services or compensation under this Agreement, then EMA may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Client shall pay such invoiced new taxes, fees, and charges. Such payment shall be in addition to the compensation to which EMA is entitled under the terms of Exhibit C. ARTICLE 5 - NOT USED ARTICLE 6 - GENERAL CONSIDERATIONS 6.01 Standards of Performance A. The standard ofcare for all professional services performed or fumished by EMA under this Agreement will be the care and skill ordinarily used by members of the subject profession in the State of Florida. EMA makes no warranties, express or implied, under this Agreement or otherwise, in connection with EMA's Services. B. Client shall not be responsible for discovering deficiencies in the technical accuracy of EMA's Services. EMA shall correct any such deficiencies in technical accuracy without additional compensation, except to the extent such corrective action is directly attributable to deficiencies in Client-furnished information pursuant to paragraph 2.0 l(c) hereof. C. EMA may employ such Consultants as EMA deems necessary to assist in the performance or furnishing of the Services, subject to Client's prior written approval, which shall not be unreasonably withheld, conditioned, or delayed. D. EMA and Client shall comply with applicable Laws and Regulations and Client-mandated standards that Client has provided to EMA in writing. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to Client's responsibilities, or to EMA's Scope of Services, times of perfornance, and compensation. F. EMA shall not be responsible for the acts or omissions of any conffactor, subcontractor, or supplier, or ofany oftheir agents or employees or ofany other persons (except EMA's own employees and its Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made by Client without consultation and advice of EMA. 6.02 Design without Construction Phase Services NOT USED 6.03 Use of Documents A. All Documents are instruments of service in respect to this Project, and EMA shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the EMA) whether or not the Project is completed. Client shall not rely in any way on any Document unless it is in printed form, signed or sealed by the EMA or one of its Consultants. B. A party may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic f,rles agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any transmittal enors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring parly makes no representations as to long term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Client may make and retain copies of Documents for information and reference in connection with use on the Project by Client. EMA grants Client a license to use the Documents on the Project, extensions of the Project, and other projects of Client, subject to the following limitations: (l) Client acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by EMA, or for use or reuse by Client or others on extensions of the Project or on any other project without written verification or adaptation by EMA; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by EMA, as Page 2 of 1 Standard Form ofAgreement Between Client and ENIA for Professional Services Revised 12109109 177 appropriate for the specific purpose intended, will be at Client's sole risk and without liability or legal exposure to EMA or to EMA's Consultants; (3) such limited license to Client shall not create any rights in third parties. F. If EMA at Client's request verifies or adapts the Documents for extensions of the Project or for any other project, then Client shall compensate EMA at rates or in an amount to be agreed upon by Client and EMA. 6.04 Insurance A. EMA shall procure and maintain insurance as set forth in Exhibit D, "Insurance." EMA shall cause Client to be listed as an additional insured on any applicable general liability insurance policy carried by EMA. B. EMA shall each deliver to Client certificates of insurance evidencing the coverages indicated in Exhibit D. Such certificates shall be furnished prior to commencement of EMA's Services and at renewals thereafter during the life of the Agreement. C. At any time, Client may request that EMA or its Consultants, at Client's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit D. If so requested by Client, and if commercially available, EMA shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Client, and Exhibit D will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension. By Client: Client may suspend the Project upon 30 days written notice to EMA. By EMA: If EMA's services are substantially delayed through no fault of EMA, EMA may, after giving 30 days written notice to Client, suspend Services under this Agreement. B. Termination. The obligation to provide further Services under this Agreement may be terminated: l. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. b. By EMA: 1) upon 30 days written notice if EMA's Services for the Project or the Project, are suspended for more than 90 days, through no fault of EMA.. 2) EMA shall have no liability to Client on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate under paragraph 6.05.B.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, a. By Client, effective upon EMA's receipt of written notice from Client. b. Except for Payments UPon Termination as specified in paragraph 6.05.D.1. Client shall have no liability to EMA on account of such termination. C. Effective Date of Termination. The terminating party under paragraph 6.05.8 may set the effective date of termination at a time up to 30 days later than otherwise provided to allow EMA to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. D. Payments Upon Termination. l. In the event of any termination under paragraph 6.05, except a termination for cause by the City pursuant to paragraph 6.05.8.1.a, EMA will be entitled to invoice Client and to receive fulI payment for all Services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Client shall have no further liability to EMA on account of such termination, and shall have the limited right to the use of Documents, at Client's sole risk, subject to the provisions of paragraph 6.03.E. 2. In the event of termination by Client for convenience or by EMA for cause, EMA shall be entitled, in addition to invoicing for those items identified in paragraph 6.05.D.1, to invoice Client and to payment of a reasonable amount for Services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of Page 3 of 7 Standard Form ofAgreement Between Client and EMA for Professional Services Revised 12/09109 178 terminating contracts with EMA's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.06 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 6.07 Successors, Assigns, and Beneficiaries A. Client and EMA each is hereby bound and the partners, successors, executors, administrators and legal representatives of Client and EMA (and to the extent permitted by paragraph 6.07.B the assigns of Client and EMA) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) ofsuch other party, in respect ofall covenants, agreements, and obligations of this Agreement. B. Neither Client nor EMA may assign, sublet, or ffansfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: l. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Client or EMA to any Contractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and EMA and not for the benefit ofany other party. 6.08 DisputeResolution A. Client and EMA agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit E or other provisions of this Agreement, or exercising their rights under law. B. If the parties fail to resolve a dispute through negotiation under paragraph 6.08.4, then either or both may invoke the procedures of Exhibit E. If Exhibit E is not included, or if no dispute resolution method is specified in Exhibit E, then the parties may exercise their rights under law. 6.09 Environmental Condition of Site NOT USED 6.10 Indemnification and Mutual Waiver A. Indemnification by EMA. EMA shall indemnify and hold harmless Client, and Client's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of Consultants, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itselfl, including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of EMA or EMA's officers, directors, partners, employees, or Consultants. B. Indemnification by Client. To the fullest extent permitted by Florida law, and subject to the limitations on Client's liability pursuant to Section 76F.28, Florida Statutes, as same may be amended from time to time, Client shall indemnifu and hold harmless EMA, EMA's officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges ofConsultants, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Client or Client's officers, directors, parlners, agents, consultants, or employees. C. Environmental Indemnification. In addition to the indemnity provided under paragraph 6.10.B of this Agreement, and to the extent permitted by law, Client shall indemniff and hold harmless EMA and its officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of Consultants, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (D any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; provided however, that nothing in this paragraph shall obligate Client to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or omission. D. Mutuql ll'aiver. Client and EMA waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, ary and all Page 4 of 1 Standard Form of Agreement Between Client and EMA for Professional Services Revised l2l09/O9 179 claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting ftom, or in any way related to the Project. 6.1I MiscellaneousProvisions A. I,,lotices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date ofreceipt. B. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Client and EMA, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver. A party's non-enforcement of any provision shall not constitute a waiver of that provision. nor shall it affect the enforceability ofthat provision or of the remainder of this Agreement. E. Accrual of Claims. To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7 - DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above or in the exhibits; in the following provisions: l. Additional Services--The services to be performed for or fumished to Client by EMA in accordance with Exhibit A, Part 2, of this Agreement. 2. Basic Semices--The services to be performed for or furnished to Client by EMA in accordance with Exhibit A, Part l, of this Agreement. 3. Constituent of Concern--Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to [a] the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. $$9601 et seq. ("CERCLA"); tb] the Hazardous Materials Transportation Act, 49 U.S.C. $$1801 et seq.; [c] the Resource Conservation and Recovery Act, 42 U.S.C. 556901 et seq. ("RCRA"); [d] the Toxic Substances Control Act, l5 U.S.C. $52601 et seq.; [e] the Clean Water Act, 33 U.S.C. 5$1251 et seq.; [f] the Clean Air Ac| 42 U.S.C. $$7401 et seq.; and [g] any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 4. Consultants--Individuals or entities having a contract with EMA to furnish services with respect to this Project as EMA's independent professional associates, consultants, subcontractors, or vendors. 5. Documents--Data, reports, drawings, specifications, record drawings, software, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by EMA to Client pursuant to this Agreement. 6. Lqws and Regulations; La1,vs or Regulations--Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having j urisdiction. 7. Reimbursable Expenses--The expenses incurred directly by EMA in connection with the performing or furnishing of Basic and Additional Services for the Project. ARTICLE 8 . PROVISIONS EXHIBITS AND SPECIAL 8.01 Exhibits Included A. Exhibit A, "EMA',s Services," consisting of pages. B. Exhibit B, "Client's Responsibilities," consisting of_ pages. C. Exhibit C, "Payments to EMA for Services and Reimbursable Expenses," consisting of _ pages. D. Exhibit D, "Insurance," consisting of I pages. E. Exhibit E, "Dispute Resolution," consisting of I pages. 8.02 Total Agreement A. This Agreement (consisting of pages I to _ inclusive, together with the exhibits identified above) constitutes the entire agreement between Client and EMA and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, Page 5 of 7 Standard Form of Agreement Between Client and EMA for Professional Services Revised 12109109 180 modified, or canceled by a duly executed written services to be performed or furnished by EMAand amendment to this Agreement. responsibilities of Client under this Agreement. Such E.03 Designated Representatives individuals shall have authority to hansmit instructions' recelve information, and render decisions relative to the A. With the execution of this Agreement, EMA Projectonbehalfofeachrespectiveparty. and Client shall designate specific individuals to act as EMA's and Client's representatives with respect to the Page 6 of 7 Standard Form ofAgreement Between Client and EMA for Professional Services Revised 12109/09 181 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Client:EMA: Address for giving notices:Address for giving notices: Designated Representative (see paragraph 8.03.A): Designated Representative (see paragraph 8.03.A): By: Title: Date Signed: Title: Phone Number: Facsimile Number: E-MailAddress: By: Title: Date Signed: Title: Phone Number: Facsimile Number: E-Mail Address: Pagel of1 Standard Form ofAgreement Between Client and EilIA for Professional Services Revised 12109109 182 EXHIBIT A This is EXHIBIT A, consisting of 9 pages, referred to in and part of the Agreement between Client and EMA for Professional Services dated Scope ofServices SCOPE OF WORK The following scope of work is broken into two distinct tracts. Tract 1 is depicted by the Project Management Box and is focused on managing the Business Process Analysis (BPA) activities (Tract 2), System lmplementation activities, and coordination with Tyler to assure BPA results and subsequent business process efficiencies are translated into a successful implementation of the ERP investment. Tracl2 is depicted by the four remaining boxes. This tract is focused on performing the business process analysis work in each of the work groups identified. The BPA work is performed at two levels: Review of the Operational Objectives and Mission of each work group. For example, within the Building Department, potentially shifting focus from "Code Enforcement" to "Developer, Contractor, and Citizen support" Evaluation and Optimization of Current and Planned Work Practices - This is performance of the "Eliminate, Reduce, Shift, Redesign Analysis" of the work practices outlined below. Tract 1 - Project Management Task 1.1 - Program/Project Management Support of the ERP lmplementation ERP system implementation will be conducted by the ERP vendor. EMA will provide management oversight to ensure user and technical requirements are fulfilled during the implementation process. EMA will act in the capacity of the owner's representative and the City's main point of contact throughout the implementation process. Page I of9 Pages (Exhibit A - EMA's Services) Standard Form of Agreement Between Client and EMA for Professional Services Revised l0/05/04 ERP Proiect Manag6m6nt ::P!Y': c-Y:"r cl",oi.!i*"dpe- - -- rul"nig* ivre.tont,rct Lrmrt customrzatronuuog€r uonlror Software purchase tu1odel Facili6te Organrrztron Changes Data Conversign :::_11iY:^^^-^-. Fa(ilrrate P.aclce Changes tulanage Etlicrency Oppo(unrires Trarnrng Desrgncnange rdanagemenr t.r.,nt*lilil1[ffi inlP.ove e ffir renr-! and eftarirveiess rmprcve elffrenay and efrecl,vefrESs nprrre et'iciency and elteiiiv:ness lmcrcvE efir:ienty and efletlrveness 183 EMA will provide an ERP project manager who will initially work onsite with the project manager and team to finalize a detailed project plan. This project plan will nail down all project objectives, tasks, deliverables, milestones, and budgets based on BPA and streamlined business processes. EMA's project manager will also: . Conduct regular project review meeting with Miami Beach to review the progress of this project and to discuss any outstanding issues and potential problems. A standard agenda will be developed for the progress meetings, and will include the following topics: identification of work performed last period, work to be completed next period, critical action item status, and responsible parties to complete actions. Budget or schedule problems will also be identified and corrective actions noted. EMA will upload an agenda, updated schedule, and revised action items log to the project SharePoint site in advance of the meeting. Meeting minutes for each meeting will be uploaded for review within three working days of the meeting. . Provide Quality Assurance/Quality Control (OA/OC), including the review of all project deliverables and status to ensure that all of the appropriate project diligence has been taken. . Lead in coordinating City implementation team and vendor activities. . Develop communication and coordination protocols for the project. . Oversee communication and coordination of the project. . Meet with Miami Beach leadership to resolve project issues. . Work with the Miami Beach Project Manager to identify a format and schedule for progress reports that best meets the needs of the project. EMA will provide these reports in the desired format and with the desired frequency. . Assure participation of Miami Beach staff. Our work with clients throughout North America confirms that change to high performance operations (process optimization) will be realized only by involving management and staff throughout the project. By involving employees, they learn what industry best practices are and the importance of maximizing productivity. By involving managers, they learn the business management practices of high performance organizations and new approaches to developing and maximizing the productivity of a highly-skilled and motivated work force. Everyone will also develop teamwork behaviors and be introduced to new ways of thinking and interacting. . Meet with the vendor to ensure an understanding of Miami Beach's direction and to discuss and plan objectives, requirements (as defined in Tract 2 below), responsibilities, performance, and review of business process analyses, reporting requirements, deliverable review procedures, and project schedule. Page 2 of9 Pages (Exhibit A - EMA's Services) Standard Form ofAgreement Between Client and EMA for Professional Services Revised 10/05/04 184 . Review and get approval of vendor submittals and monthly progress reports. The progress reports shall describe significant accomplishments, issues and/or problems which have potential effect on schedule or costs, and plans for the upcoming week. They should be sufficiently detailed to assure that directions being pursued are in compliance with established and/or projected goals. . Coordinate and oversee vendor training. . Work with Miami Beach project team to approve vendor final work product (configured system). All planned and agreed upon milestones and deliverables must be fully met and approved by the Project Team and as defined in the project plan. o Review and approve payment application. . EMA's project manager will be the point person to manage the ERP vendor activities, deliverables and schedule while establishing a foundation for the ongoing partnership between the vendor and the organization. Effective project management involves communication both upward and downward within the organization in order to understand the business concerns, gain acceptance of the pending changes and gain project buy-in and support for the team's activities. The vendor-appointed project manager is the point person to act as a liaison between the organization and the vendor. This individual is responsible for coordinating vendor resources, managing the vendor deliverables and handling support requests as they are identified. ln addition, the vendor-supplied project manager or a member of the vendor's team should be expected to provide guidance to the organization on how to best leverage the vendor product by sharing best practices, processes and experiences. From a project manager perspective, vendor management best practices may include: 1. Maintain a detailed, written audit trail of all discussions and agreements. 2. When documenting vendor tasks, the operative phrase is "the vendor shall." 3. Get a written commitment on vendor team members, escalation, etc. 4. Roles and responsibilities are clearly written and agreed to. 5. Rules of engagement should include onsite attendance requirements. 6. lmplementation strategies are mutually agreed upon. 7. Reserve the right to review vendor designs and request changes. 8. Project plans are submitted in advance for approval. 9. Test plans are submitted in advance for approval. 10. Specify documentation required from the vendor, including media and format. 1 1. Specify support and maintenance to be provided. 12. Prearrange change control processes and pricing to address scope creep. 13. Any training provided by the vendor must be preapproved. To ensure a successful venture, all parties need to establish a clear understanding of each other's roles and open lines of communication. They also need to work to develop an environment of mutual trust. Open access provides the pathway to a successful relationship; an open exchange of information throughout the project will facilitate quick resolution when issues do arise. Page3of9Pages (Exhibit A - EMA's Services) Standard Form ofAgreement Between Client and EMA for Professional Services Revised 10/05/04 185 Task 1.2 - Assist with User Acceptance Testing EMA will develop user acceptance test scripts to test the configuration of the ERP system to ensure compliance with configuration specifications. User acceptance testing will be used to verify the testing activities have been completed and have validated the design of the ERP system. We will develop User Acceptance Test Scripts, perform User Acceptance Testing Oversight and maintain a Defect Log Template Task 1.3 - ERP lnterface Design EMA will provide the user requirements for the integration of the ERP system with other City systems. Based on the requirements, EMA will oversee design of the interfaces for the selected ERP solution and manage system integration activities performed by the vendor. EMA will assist with integration testing to assure the configured functionality works correctly. EMA has the expertise to design and program the interface but they are not included in this scope of work. Tract 2 - Business Process Analysis The following tasks will be repeated for each of the four major work groups (Building/EnerGov, Finance, HR, and Billing) understanding that there are sub groups within each (e.9., budget, procurement) for which the tasks may be required independently. The costs for these will not be uniform. The first work group to be addressed will require a significantly larger effort than the remaining three. The large effort is due to the fact that we are laying out the road map for the entire project. Specific effort completed in the first workgroup that will not need to be repeated includes: . Development of the working templates, which include SWIM lane diagrams that are used to visually represent the various business processes and sub-processes and the associated data - forms for resolving changes to business processes communications media requirements templates for vendor coordination training materials - vendor sign off . lntegration requirements are primarily defined during the first workgroup . Developing the team structure and rules for participation and sign off o Building organizational momentum for the change process . Building an approach to identify and change "sacred cows" . Formalizing Project Management activities as defined in Tract 1 . Knowledge transfer to the project team on project execution and developing common language Page 4 of9 Pages (Exhibit A - EMA's Services) Standard Form ofAgreement Between Client and ENIA for Professional Services Revised 10/05/04 186 Based on the Phase 1 work Miami Beach should undertake the EnerGov workgroup first since there are significant issues that will be addressed with this effort. This work group also has the most points of interaction with other City Departments and technologies Task 2.1 - Review and Analysis of Existing Operational Objectives and Mission for Each Work Group The purpose of this task is to understand Miami Beach's overall strategic objective and compare them to the way the four work groups are currently working. lf there is misalignment this project is an opportunity to evaluate the options for making changes. This task will also allow the work groups to define key performance indicators to measure the progress against City wide objectives. The City Project Manager will work with the EMA Project Manager to identify stakeholders who have insight into the strategic objectives of the City. EMA will meet with this group to determine if there are approaches to the work groups operations they would like to have evaluated and changed to better support strategic objectives. As an example, the City may wish to improve customer service in a significant way. This may require business process to be changed to expand business hours, provide more transparency, or have more self-service options. After the meeting, EMA will conduct a half-day workshop with the City project team and work group leadership in which the strategic perspectives are presented and discussed. Consideration of stakeholders and their business needs will be discussed to determine what if any changes to work group objectives and mission should be made. Any objective that lS identified will be used in the BPA process. Task 2.2 - Review and Analysis of Existing Practices within ldentified Work Groups The purpose of this task is to understand Miami Beach's business needs, customers' needs, and the needs of key stakeholders. Additionally, this task will develop alignment through agreement on business, technical, and other drivers and how to measure success. By "drivers," we mean those pressures that are causing Miami Beach to consider investing in analysis and/or improvement to business processes. The Miami Beach Project Manager will work with the EMA Project Manager to identify stakeholders who have significant needs related to this project. A workshop will be conducted with these stakeholders, supplemented by a few one-on-one interviews. Additionally EMA will review manual processes or Excel spreadsheets to determine what functionality these systems are providing and what data is stored in these systems. After the interviews, EMA will conduct a half-day workshop with the Miami Beach project team in which the stakeholders' perspectives are presented and discussed, and then converted to high level project requirements. Page 5 of9 Pages (Exhibit A - EMA's Services) Standard Form ofAgreement Between Client and EMA for Professional Services Revised 10/05/04 187 Careful consideration of stakeholders and their business needs can reveal important functionality that isn't obvious in the current business processes and systems. Stakeholders can also identify where business processes cross organizational boundaries. These points of exchange are often an opportunity for work process automation or integration. Task 2.3 - Development of Process Diagrams that will present the lnitial Definition of the Various Business Processes During the workshops and interviews identified above EMA will capture the information required to develop initial business process diagrams. These diagrams will then be developed in Microsoft Visio. They will depict a high level picture of the business processes and objectives within Miami Beach. These process diagrams will be presented to Miami Beach staff for review and comment. Task 2.4 - Development of Work Flow Diagrams that Describe how and when Work within the Work Groups is Accomplished For this task we will add the initial work flow diagrams to the process diagrams. Each work group, when there is cross department work flow, will be depicted on its own row. This approach serves several purposes. First it relates all work flow activities back to a specific business process. This will highlight any work that is being performed that does not directly relate to a specific business process. Second, it will show all touch points (areas where information is passed) between specific groups. lt is important to understand these since one of the best ways to improve practices is to limit the number of touch points as much as possible while still meeting the business needs of Miami Beach. Touch points are also usually prime targets for leveraging technology, whether it be on a single system such as ERP or between multiple systems - ERP and CityWorks, GlS, and 311, for Page 6 of9 Pages (Exhibit A - EMA's Services) Standard Form of Agreement Between Client and EMA for Professional Services Revised l0/05/04 188 example. Task 2.5 - Development of Data Flow Diagrams that show the Relationships between the Business Processes, the Dataflow, and the Data For this task we will add the initial data flows to the business/work flow diagrams. By adding data flow diagrams to the existing diagrams Miami Beach will be able to see how data is used within work flows. This data can then be analyzed to determine not only what data is critical, what adds little or no value, and what data is missing, but also what data should be called out to use for specific performance measures and exception reports. By capturing data from the previous three tasks on an integrated flow diagram Miami Beach will be able to quickly identify areas for process improvement, identify opportunities to provide new services, and clearly communicate specific system requirements to the ERP project implementation team. The next three activities will be conducted in parallel. We will use the process analysis diagrams developed in the previous steps as the baseline for these activities. EMA staff will review the diagrams and identify areas of possible improvement through either changes to the process or the application of technology. We will then conduct a series of workshops with Miami Beach staff to review the possible changes and document other changes identified by Miami Beach staff. At this stage, we will also utilize an iterative process where we look at the business processes to determine if various steps can be: . Eliminafed, often steps are added over time to address issues that have become unnecessary . Reduced, again many steps can often be reduced in frequency . Shifted, when steps are analyzed it may be determined that different people are performing similar or the same tasks. These can often be consolidated and assigned to a single person. . Redesigned, New technology offers opportunities to automate tasks Task 2.6 - Development of Proposed Process Diagrams that will present Optimized Business Processes or Activities Based on !ndustry Best Practices Page 7 of9 Pages (Exhibit A - EMA's Services) Standard Form ofAgreement Between Client and EMA for Professional Services Revised l0/05/04 189 At EMA we have conducted over 400 business process analysis projects for our clients in municipal government. Through this work we have identified many best practice strategies. We will apply these in this step. The proposed processes will be in the same format as those listed in the previous activities. These will be submitted to Miami Beach for review and comment. Task 2.7 - Development of Proposed Work Flow Diagrams that Describe Optimized Work FIows EMA will work with Miami Beach staff to identify ways to streamline work flows by looking at the business processes, the touch points between different work groups (internal Miami Beach and external), and the application of specific technologies or technology integrations. Optimized work flows will be presented and discussed with Miami Beach staff. Miami Beach will find that some of the improved work flows can be implemented immediately while others will be dependent on the implementation of the ERP. Task 2.8 - Development of Proposed Data Flow Diagrams that Reflect and Support the Optimized Business Processes The data flow diagrams will be updated to reflect the new business processes and work flows developed above. EMA will also make recommendations of specific data elements that should be used in reports, as stand-alone performance measures or should be included in calculated performance measures. A good example of performance measure is the development of indices. lndices can be defined that assign a relative level of effectiveness or efficiency to a City process. These can be used with Miami Beach's continuous improvement process to measure improvement Once the business process diagrams are updated, they can be used to quickly communicate with the ERP vendor how the system needs to be configured. These will also serve as operating procedures and training material. Task 2.9 - Development of Business Process Requirements A proven approach for successfully implementing new technology is to clearly define the needs and then work with the selected vendor to tailor their solution to these needs. For this task EMA will analyze and synthesize the work to date, and discuss the specifications in a working session with the Miami Beach project team and the ERP vendor. ln the course of reviewing and discussing these functional requirements, EMA will capture - and supplement - reviewers' perspectives on how Miami Beach optimized business processes may change as a result of implementing the new system. EMA will work with the Miami Beach Project Manager to identify a format and schedule for progress reports that best meets the needs of the project. EMA will provide these reports in the desired format and with the desired frequency. PageSof9Pages (Exhibit A - EMA's Services) Standard Form of Agreement Between Client and EMA for Professional Services Revised 10/05/04 190 Deliverables Progressive Deliverables Development Manages Risk and Provides Basis for lnformed Decisions We create deliverables in an incremental fashion. While the specifics vary by task, general we will first collect information (through interviews, walk-throughs, workshops, etc.). The information collection will be followed by an analysis conducted by the Miami Beach / EMA The results of this analysis will be presented in draft form (typically to the Miami and other key staff as appropriate) for review, discussion, and feedback. Finally, updated to reflect the discussion. step team. Beach project team the draft will be This incremental approach keeps the team well informed and focused on the deliverables. lt ensures that there are no surprises. Present project plans and procedures to Miami Beach project team for review and approval in a project kick-off meeting and provide narrative and/or documentation of said kick-off meeting. Project Kick-off Meeting and Documentation Produce and submit status reports to the designated project manager and Miami Beach project team monthly. Workshops and Customer lnterviews and Documentation Conduct workshops and interviews with Miami Beach work groups and staff as needed to identify and define existing business processes and provide narrative and/or documentation of said workshops and interviews. lnitial Version of Existing Process Diagrams Develop and deliver initial version of process diagrams that reflect the various business processes and activities. Develop and deliver initial version of work flow diagramslnitial Version of Existing Work Flow Diagrams Revise draft proposed business work flow diagrams. Based on the Eliminate, Reduce, Shift, Redesign process with additional workshops and interviews as needed Draft Proposed Work Flow Diagrams Develop final version of proposed business work flow diagrams for submission to Miami Beach project manager and project team Follow-up Workshops and Customer lnterviews Documentation Conduct follow-up workshops and customer interviews as needed to present, review, and modify draft version of business process models and provide narrative and/or documentation of said workshops and interviews Revise draft proposed business process models with additional workshops Page 9 of9 Pages (Exhibit A - EMA's Services) Standard Form of Agreement Between Client and EMA for Professional Services Revised l0/05/04 191 and interviews as needed Develop final version of proposed business process models for submission to Miami Beach project manager and project team Schedule and conduct review meeting with project team to hand off all project related deliverables Final Review Meeting with Project Team and Documentation Documented UATS designed to assure desired functionality is implemented correctly User Acceptance Test Scripts (UATS) User Acceptance Testing Oversight Sign off sheets after completion of UATS Defect Log Template Updated log of system issues discovered during system implementation and testing Page l0 of9 Pages (Exhibit A - EMA's Services) Standard Form of Agreement Between Client and EMA for Professional Services Revised l0/05/04 192 EXHIBIT B This is EXHIBIT B, consisting of I pages, referred to in and part of the Agreement Lretween Client and EMA for Professional Services dated Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. 82.01 In addition to other responsibilities of Client as set forth in this Agreement, Client shall at its expense: A. Provide EMA with all criteria and full information as to Client's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Client will require to be included in the drawings and specifications; and furnish copies of Client's standard forms, conditions, and related documents to EMA. B. Furnish to EMA any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following EMA's assessment of initially-available Project information and data and upon EMA's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable EMA to complete its Basic and Additional Services. D. Give prompt written notice to EMA whenever Client observes or otherwise becomes aware of the presence at the Site of any Constituent of Concem, or of any other development that affects the scope or time of performance of EMA's services, or any defect or nonconformance in EMA's services, the Work, or in the performance of any Contractor. E. Authorize EMA to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for EMA to enter upon public and private property as required for EMA to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, drawings, specifications, proposals, and other documents presented by EMA (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Client deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits fiom all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by EMA and such reviews, approvals, and consents fiom others as may be necessary for completion of each phase of the Project. I. Provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Client requires, Contractor raises, or EMA reasonably requests. J. Advise EMA of the identity and scope of services of any independent consultants employed by Client to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value CONSULTANTing, and constructibility review. K. Attend job related meetings. L. Provide EMA with the findings and reports generated by the entities providing services to Client pursuant to this paragraph. Page I ofl Pages Exhibit B -- Client's Responsibilities Standard Form of Agreement Between Client and EMA for Professional Services Revised 12/09109 193 EXHIBIT C This is EXHIBIT C, consisting of 2 pages, referred to in and part of the Agreement between Client and EMA for Professional Services dated Payments to EMA for Services and Reimbursable Expenses Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 2 -- -{lient's Responsibilities C2.01 Compensation For Basic Services A. Client shall pay EMA for Basic Services set forth in Exhibit A, as follows: l. An amount equal to the cumulative hours charged to the Project by each class of EMA's employees times Hourly Rates for each applicable employee for all Services performed on the Project, plus Reimbursable Expenses and EMA's Consultants'charges, if any. 2. EMA's Reimbursable Expenses Schedule and Hourly Rates are attached to this Exhibit C as Appendix l. 3. Total compensation for Services under paragraph C2.01 is estimated to be $1.995.000 based on the following assumed distribution of compensation: a. Project Management $1.050.000 b. Energov BPA S 675.000 c. Human Resources BPA $ 95.000 d. Finance BPA $ 45.000 e. Billing BPA S 130.000 f. Contract Negotiation Assistance $ 130.000 g. Reimbursable Expenses $ 300.000 4. EMA may alter the distribution of compensation between individual phases of the work noted herein to be consistent with Services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by Client. 5. Amounts billed for EMA's Services under paragraph C2.01 will be based on the cumulative hours charged to the Project during the billing period by each of EMA's employees times Hourly Rates for each applicable employee, plus Reimbursable Expenses and EMA's Consultant's charges. 6. Hourly Rates will be adjusted upwards by 3% annually (as of April lst) to reflect equitable changes in the compensation payable to EMA. C2.02 Compensation For Reimbursable Expenses A. Client shall pay EMA for all Reimbursable Expenses at cost. Amounts payable to EMA for Reimbursable Expenses will be travel and other Project-related expenses actually incurred by EMA. Page I of2 Pages Exhibit C - Basic Services - Standard Hourly Rates Method of Payment Standard Form of Agreement Between Client and EMA for Professional Services Revised 12109109 194 C2.03 Other Provisions Concerning Payment A. Whenever EMA is entitled to compensation for the charges of EMA's Consultants, those charges shall be the amounts billed by EMA's Consultants to EMA times a factor of 1.25. B. Estimated Compensation Amounts l. EMA's estimate of the amounts that will become payable for specified Services are only estimates for planning pu{poses, are not binding on the parties, and are not the minimum or maximum amounts payable to EMA under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to EMA that a compensation amount thus estimated will be exceeded, EMA shall give Client written notice thereof. Promptly thereafter Client and EMA shall review the matter of Services remaining to be performed and compensation for such Services. Client shall either agree to such compensation exceeding said estimated amount or Client and EMA shall agree to a reduction in the remaining Services to be rendered by EMA, so that total compensation for such Services will not exceed said estimated amount when such Services are completed. If EMA exceeds the estimated amount before Client and EMA have agreed to an increase in the compensation due EMA or a reduction in the remaining Services, EMA shall be paid for all Services rendered hereunder. C. To the extent necessary to verifu EMA's charges and upon Client's timely request, EMA shall make copies of such records available to Client at cost. Page2of2Pages Exhibit C - Basic Services - Standard Hourly Rates Method of Payment Standard Form of Agreement Between Client and EMA for Professional Services Revised 12/09/09 195 This is EXHIBIT D, consisting of I pages, referred to in and part of the Agreement between Client and EMA for Professional Services dated Insurance Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties. D6.05 Insurance A. The limits of liability for the insurance required by paragraph 6.04.A and 6.04.8 of the Agreement are as follows: l. By EMA: a. Workers'Compensation: Statutory b. Employer's Liability -- l) Each Accident: $1,000,000 2) Disease, Policy Limit: S1,000,000 3) Disease, Each Employee: $1,000,000 c. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage): $1,000,000 2) GeneralAggregate: $2,000,000 d. Excess or Umbrella Liability -- l) Each Occurrence: $5,000,000 2) GeneralAggregate: S5,000,000 e. Automobile Liability -l) Combined Single Limit (Bodily Injury and Property Damage): Each Accident S1,000,000 f. Professional Liability - l) Each Claim Made S3,000,000 2) Annual Aggregate $3,000,000 Page I ofl Pages f,xhibit D - Insurance Standard Form of Agreement Between Client and EMA for Professional Services Revised 12/09109 196 This is EXHIBIT E, consisting of 1 page, referred to in and part of the Agreement between Client and EMA for Professional Services dated Dispute Resolution Paragraph 6.09 of the Agreement is amended and supplemented to include the following agreement of the parties: [NOTE: Select one of the two altematives provided] E6.09 DisputeResolution A. Mediation. Client and EMA agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof ("Disputes") to mediation by the American Arbitration Association following the Construction Mediation Rules. If such mediation is unsuccessful in resolving a Dispute, then (a) the parties may mutually agree to a dispute resolution of their choice, or (b) either party may seek to have the Dispute resolved by a court of competent jurisdiction. Pagelof lPages (Exhibit E - Dispute Resolution) Standard Form ofAgreement Between Client and EMA for Professional Services Revised 12/09109 197 APPENDI)( C EMA & Tyler Correlation between Project Timeline and Cash Flow as of 0712412014 CMB Funds DUE PRIOR to October 1,2015 EMA $1,146,013.00 & Tyler $2,732,864.00 $ 3,878, 877 (CMB need to add your current Eden maintenance billto this amount) $ 2,645.626CMB Funds DUE AFTER October 1,2015 EMA $ 849,001.00 &Tyler $ 1,796,625 Tyler Correlation between Project Timeline and Cash Flow as of 0712412014 Assumption: Tyler contract is signed August 2014 Disclaimer: Estimates are based on services delivery sep r. -ran 15 v., 15 sep 15 'a^ t6 .Ma' 16 s.p'16 ,.;,t contract signed Financials Suite PayrolllHR Suite Utility Biuing & Misc Mon9/r/44 Mon9/1/14 Mon 11/3/14 Thu 1Ol1,/15 F.i 1,/2/Ls F.i 4/a/a6 Fri Lo/2/as Mon ao/3/a6 arc.ao/Al76 M6dla/6/17 e{a r---,-_- i J A.1 Overall High Level Project Gantt Chart: The Exact Start and Finish Dates to be negotiated with the City upon further discussion. CMB Funds DUE PRIOR to October 1. 2015 = $2,732,864.00 (CMB need to add your current Eden maintenance billto this amount) Typically unless they negotiate something else, soft\uare license fees for all the new software is due 100o/o 30 days after the execution of the contract (October 2014). For cash flow purposes this is how it will be or whatever is worked out. Services: $1,294,004 For Services assume EnerGov would start Jan 2015 this is a 15 mo implementation; for cash flow purposes may take 75o/o of $859,1 00 and $54,400 for 2015 and 25o/o for each in 2016. Software: $ 1,3 Software Cost Munis $ 373,450.00 EnerGov $ 1,005,410.00 Total $ 1,378,860.00 EMA. lNC. - VMason 198 Service Cost EnerGov Professional Services $ 859,100 @.75% = $ 644,325 EnerGov Est Travel $ 54,400 @71o/o = $40,900 Munis Service: Total Tyler Services : $1,480,398.00 Total of 3'd Party Hardware, Software and Services $41,800.00 $1,480,398.00 $ +t,800.00 Total $1 ,522,198 @ 40o/o = $ 608,879 Total $ 1,294,004 Maintenancez CMB should have current bill Tyler proposes that CMB pay the prorated Eden maintenance (they should have that recent bill). Referencing the above revised timeline, the contract sign is 09101114. Thus, CMB would pay their normal Eden maintenance thru August2014 and start new Munis maintenance on Sept 2015. Other: $60,000 OSDBA (used right away) $30,000 Munis Disaster Recovery (starts 6 months after contract sign) $30,000 Tota!= $60,000 CMB Funds DUE AFTER October 1. 2015 = $ 1,796,625 Maintenance: $ 647, 631.00 Munis $ 398,632.00 EnerGov $ 248,990.00 Total= $647,631.00 Other: $ 7,300.00 Payroll Tax Table Updates $ 1,000.00 CAFR $ 6,300.00 Total = g 7,300.00 Services: $ 1,294,004.00 Service Cost EnerGov Professional Services $ 214,775 EnerGov Est Travel $ 1s,600 Munis Services: Total Tyler Services : $1,480,398.00 Total of 3'd Party Hardware, Software and Services $41,800.00 Since this is a 3 year proiect subtract 40% $1,480,398.00 $ 41,800.00 Total $1 ,522,198 @60% = $913,319.00 Tota!$ 1.141.694 EMA, lNC. -VMason 7D412O14 199 EMA Correlation between Project Timeline and Cash Flow as of 07124120'14 CMB Funds DUE PRIOR October 1,20'15 = $1,'t46,013.00 CMB Funds DUE AFTER October 1, 2015 = $ 849,001.00 Labor E&nses :.. pre 10/2015 $955,010.81 $191,002.16 $1,146,012.97 post10/2015 $707,501.19 $141,500.24 $849,001.43 $1,995,014.40 EMA. lNC. - VMason 712412014 200 COMMISSION ITEM SUMMARY Gondensed Title: A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Authorizing The MayorAnd City Clerk To Execute Amendment No. 1 (Amendment) To The Contract Between The City And Limousines Of South Florida, lnc., Executed As Of May 8,2014, For Turnkey Trolley Operations And Maintenance Services; Said Amendment Approving An lncrease ln The Contract Price, ln An Amount Not To Exceed $150,000, ln Connection With The Acquisition And Maintenance Of Optional Equipment, !ncluding Automatic Passenger Counters, Automated Voice lnformation Systems, Wl-Fl Services, GPS Tracking Services, And Additional Automatic Stop Announcement Equipment (With The Capabilitv Of Public Advertisements The lnitial Five (5)YearTerm Of The Contract. lntended Outcome Su Ensure Comprehensive Mobility Addressing All Modes Throughout The City. Supporting Data (Surveys, Environmental Scan, etc.): As recently indicated in the 2014 City of Miami Beach Community Satisfaction Final Report,54% o'f the City of Miami Beach residents would be willing to use local bus circulators. Item Summary/Recommendation : On April 30,2014, the City Commission approved the award of lnvitation to Bid (lTB) No. 2014-154-5R for North Beach Turnkey Trolley Operations and Maintenance Services to Limousines of South Florida lnc. (LSF). Following the approval of the lTB, an Agreement between the City and LSF was executed on May8,2014. The aforementioned Agreement provided an option to procure optional equipment including Global Positioning Systems (GPS) with capabilities to report, Automated Passenger Counters (APC), Wi-Fi services, and Automated Voice lnformation Systems (AVIS). The ITB required the contractor to not consider the optional equipment and related services in the Bid price and further denoted that the City, at its sole discretion may choose to exercise this option through the contractor (LSF), directly with a vendor or Miami-Dade Transit (MDT), in all of which cases the costs would be negotiated. As both negotiations and research of the options were needed, no cost information was included for optional equipment in the Agreement. After executing the Agreement, it was also noted that Automated Stop Announcers (not to be confused with AVIS equipment which provides information by telephone) would be advantageous to the City to improve the accuracy and reliability of stop announcement which provides guidance to the visually and/or hearing impaired (otherwise stop announcementwould have to be performed by drivers, in which case reliability is poor), furthermore, enhanced Automated Stop Announcement equipment with capabilities to provide advertisement can generate revenue to the City and is therefore recommended. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Financial lnformation: FY 20131142 106-6260-000300 Transportation Quality of Life Fund Future annual costs subject to annual budget appropriations Financial Impact Summary: Future annual costs subject to annual budget appropriations Departmejrt Director Assistant Cifl4lanager citv;li.arftdg JRG )t(-(,KGB_ ZUU_JLtultlll,s_ 14\Julv\Julv 3O\Amendment No1 to Turnkev f rolWOoerailons and Malntenance Services Agreement.doc AGEI.IBT ITEifr N.7 D- vL|{e 1-y-lq201 g MtA& IsffiAch{ Clty of Mioml Beoch, l70O Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM DATE: July 30,2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND ctTY GLERK TO EXECUTE AMENDMENT NO. 1 (AMENDMENT) TO THE CONTRACT BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORIDA, INC., EXECUTED AS OF MAY 8, 2014, FOR TURNKEY TROLLEY OPERATIONS AND MAINTENANCE SERVICES; SAID AMENDMENT APPROVING AN INCREASE IN THE CONTRACT PRICE, IN AN AMOUNT NOT TO EXCEED $15O,OOO, IN CONNECTION WITH THE ACQUISITION AND MAINTENANCE OF OPTIONAL EQUIPMENT, INCLUDING AUTOMATIC PASSENGER COUNTERS, AUTOMATED VOICE INFORMATION SYSTEMS, WI.FI SERVICES, GPS TRACKING SERVICES, AND ADDTTIONAL AUTOMATED STOP ANNOUNCEMENT EQUTPMENT (WITH THE CAPABILITY OF DISPLAYING PUBLIC ADVERTISEMENTS) DURING THE INITIAL FIVE (5) YEAR TERM OF THE CONTRACT. FISCAL IMPACT Funding Source - Funding for optional and additional equipment will be provided from 106-6260- 000300 Transportation Quality of Life Fund. Gost -The cost to the City for the procurement of this optional and additional equipment and related services shall not exceed a cumulative total of $150,000 over the initial five (5) year term of the contract (including capital and operating/maintenance costs). LSF requires that the capital cost of the equipment (included in FY2014i 15 shown below) be paid up front; the cost of said equipment is approximately $40,000. Both, the one-time capital cost and recurrent monthly maintenance fees will be invoiced on a monthly basis separately from the turnkey service monthly fee. Below is a breakdown by Fiscal year of the cost impact on the aforementioned funding source: o FY2014115 .. .. . .. . .. . ..$91 ,000o FY2015116 . ...$15,000 o FY2016117.... .........$15,000 . FY2017118. ...$15,000 o FY2018119.... .........$14,000 Please note that the aforementioned cost includes $12,564.00 (9% increase) in addition to the overall cost quoted by the contractor in an effort to account for potential after the fact modification to vehicle structure (i.e. additional reinforcement to support equipment), which may not be determined until vehicles are delivered. 202 Commission Memorandum - Amendment No. 1 to Turnkey Trolley Operations and Maintenance Services Agreement July 3oth, 2014 Page 2 of 3 BACKGROUND On April 30,2014, the City Commission approved the award of lnvitation to Bid (lTB) No. 2014-154- SR for North Beach Turnkey Trolley Operations and Maintenance Services to Limousines of South Florida lnc (LSF). Following the approval of the lTB, an Agreement between the City and LSF was executed on May 8,2014. The aforementioned Agreement provided an option to procure optional equipment including Global Positioning Systems (GPS)with capabilities to report, Automated PassengerCounters (APC), Wi-Fi services, and Automated Voice lnformation Systems (AVIS). The ITB required the contractorto not consider the optional equipment and related services in the Bid price and further denoted that the City, at its sole discretion may choose to exercise this option through the contractor (LSF), directly with a vendor or Miami-Dade Transit (MDT), in all of which cases the costs would be negotiated. As both negotiations and research of the options were needed, no cost information was included for optional equipment in the Agreement. After executing the Agreement, it was also noted that Automated Stop Announcers (not to be confused with AVIS equipment which provides information by telephone) would be advantageous to the City to improve the accuracy and reliability of stop announcement which provides guidance to the visually an/or hearing impaired (otherwise stop announcement would have to be performed by drivers, in which case reliability is poor), furthermore, enhanced Automated Stop Announcement equipment with capabilities to provide advertisement can generate revenue to the City and is therefore recom mended. ANALYSIS Three options to procure the aforementioned equipment and services were provided in the Agreement and evaluated in the following order of priority: 1. Through Miami-Dade Gounty During and upon completion of the execution of the Agreement, the Administration held discussions with MDT in an effort to accomplish what the Administration believed was the best option in regards to trolley tracking services, the inclusion of the North Beach Trolley in MDT's existing tracking service and platform as this option would ensure all available transit information was accessible to the end user under one platform. Upon meeting and discussing with MDT aboutthis possibility, MDT highlighted the potential challenges and liabilities related to performing maintenance by MDT on equipment stored at LSF's facility or bringing privately owned vehicles (trolleys) into MDT's facility. 2. Through the current contractor (LSF) This option ensures the efficient operation and maintenance of the equipment, while maintaining the City's right to impose performance penalties included in the contract for malfunction of equipment or omissions to report them. 3. Directly with the vendor This option, while resulting in the lowest cost to the City, does not hold the contractor responsible for the efficient and proper coordination of the tracking services, and performance penalties related to tracking services provided in the Agreement with the contractor would not apply. The Administration pursued option 2 listed above and asked LSF to provide a quote for cost of optional equipment and related services. Since LSF is not a transportation electronics company, they have proposed to subcontract a company that has sufficient expertise in this area. LSF 203 Commission Memorandum - Amendment No. 1 to Turnkey Trolley Operations and Maintenance Services Agreement July 3oth, 2014 Page 3 of 3 provided quotes for two potential candidates to provide this service, TSO Mobile, which is the company currently providing tracking services for the Alton-West Trolley, and REl, the company currently providing similar services for City of Miami Trolleys. Each of the quotes includes a 1Oo/ofee for additional installation efforts, on-going training, contract administration and other miscellaneous items to be provided by LSF directly. Please note that the Administration separately requested quotes directly from each vendor prior to reviewing the quotes submitted by LSF in an effort to ensure the integrity of the quoted costs. The Administration reviewed both quotes and would like to highlight the following: . REI has capabilities to provide a great end product, including an aesthetically pleasing interface for mobile application, efficient algorithms fortracking purposes resulting in less lag of icon movement, good report format structure, innovative equipment, and 2417 technical support. Although this company is based out of state, it has a satellite support center in Boca Raton. The tracking interface developed by REI for the City of Miami can be seen at miami.etaspot.net. o TSO Mobile is a locally based companywith competitive solutions. Currently, this company provides tracking services for City of Doral and City of Hollywood directly and City of Miami Beach (through LSF). TSO Mobile's customer service for the Alton-West Trolley has been excellent, though limited to office hours (not necessarily matching the trolley's hours of operations, 16 hours, 7 days per week). This company does not currently support a module for integrated advertisemenVautomated announcement equipment, and its automated passenger counter service is outsourced. Please note that LSF's quote using RElequipmentwas $3,185.91 higherthan using TSO Mobile's equipment. Upon review, the Administration considered REI to be the most advantageous option for the North Beach Trolley service. ln addition to the optional equipment, the Administration is recommending the approval to acquire Automated Stop Announcers with Capabilities to display Public Advertisement. This equipment is intended to accommodate visually and hearing impaired passengers, in addition to provide an additional source of revenue to the City through its advertising capabilities. RECOMMENDATION Based on staff's analysis of the available options, the Administration recommends that the Mayor and City Commission authorize the Mayor and City Clerk to execute Amendment No. 1 to the Turnkey Trolley Operations and Maintenance Services Agreement, executed as of May 8,2014, between the City and Limousines of South Florida, lnc.; said amendment attached hereto and incorporated herein approving an increase in the contract price, in an amount not to exceed $150,000, in connection with the acquisition and maintenance of optional equipment, including automatic passenger counters, automated voice information systems, Wi-Fi services, realtime GPS tracking services, and additional automated stop announcement equipment with capabilities to display public advertisements (with the capability of displaying public advertisement) during the initial (5) year term of the contract. Attachment A: Amendment No. 1 Turnkey Trolley Operations and Maintenance Services Agreement Attachment B: Quote provided by LSF for total cost of optional and additional equipment and services fr vcN, JLM/KGB/JRGroFG T:\AGENDA\2014UulylJuly 30\Amendment No1 to Turnkey Trolley Operations and Maintenance Services Agreement MEMO.doc 204 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 (AMENDMENT) TO THE CONTRACT BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORIDA, INC., EXECUTED AS OF MAY 8, 20'14, FOR TURNKEY TROLLEY OPERATIONS AND MAINTENANCE SERVICES; SAID AMENDMENT APPROVING AN INCREASE IN THE GONTRACT PRICE, IN AN AMOUNT NOT TO EXCEED $15O,OOO, IN CONNECTION WITH THE ACQUISITION AND MAINTENANCE OF OPTIONAL EQUIPMENT, INCLUDING AUTOMATIC PASSENGER COUNTERS, AUTOMATED VOICE INFORMATION SYSTEMS, WI-FI SERVICES, GPS TRACKING SERVICES, AND ADDITIONAL AUTOMATED STOP ANNOUNCEMENT EQUTPMENT (W|TH THE CAPABILTTY OF DTSPLAYING puBLrc ADVERTTSEMENTS) DURTNG THE rNrflAL FIVE (5) YEAR TERM OF THE CONTRACT. WHEREAS, on April 30,2014, the City Commission approved the award of lnvitation to Bid (lTB) No. 2014-154-SR for North Beach Turnkey Trolley Operations and Maintenance Services to Limousines of South Florida lnc. (LSF); and WHEREAS, following the approval of the lTB, the City and LSF executed a contract, dated as of May 8,2014 (Contract); and WHEREAS, the aforementioned Agreement provided an option to procure optional equipment including without limitations, Global Positioning Systems (GPS) with capabilities to report, Automated Passenger Counters (APC), Wi-Fi services, and Automated Voice lnformation Systems (AVIS); and WHEREAS, the Administration recommended the addition of Automated Stop Announcers which would improve the accuracy and reliability of stop announcement, provide guidance to the visually and/or hearing impaired, and further provide advertisement which would generate revenue to the City; and WHEREAS, pursuant to the Contract, the Clty, at its sole discretion, may choose to purchase optional equipment and related services through the contractor (LSF), directly with a vendor, or through Miami-Dade County, in all of which cases the costs would be negotiated; and WHEREAS, pursuant to Article 3, Section 1 of the Contract, the City Manager has the authority to approve subcontracts through our Contractor, LSF, and based upon the proposals submitted from LSF, the Administration is recommending that the City secure the optional equipment through LSF, for a sum not to exceed $150,000, during the initial five (5) year term of the Contract. 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 Mayor and City Clerk to execute Amendment No. 1 to the Turnkey Trolley Operations and Maintenance Services Agreement, executed as of May 8, 2014, between the City and Limousines of South Florida, lnc.; said Amendment approving an increase in the contract price, in an amount not to exceed $150,000, in connection with 205 the acquisition and maintenance of optional equipment, including automatic passenger counters, automated voice information systems, Wi-Fi services, real time GPS tracking services, and additional automated stop announcement equipment (with the capability of displaying public advertisement) during the initial (5) year term of the contract. PASSED AND ADOPTED this day of 2014. ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor T:\AGENDA\2014\July30\ Amendment Nol to Turnkey Trolley Operations and Maintenance Seruies Agreement RESO.doc ,8E"i8YiRSlB, & FOR EXECUTION 7/15/// -l Dote 206 Attachment A AMENDMENT NO, 1 TO THE CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND LIMOUSINES OF SOUTH FLORIDA, INC CONTRACT NO. ITB 2014.154.SR, DATED MAY 8,2014 FOR THE TURNKEY TROLLEY OPERATIONS AND MAINTENANCE SERVICES ("coNTRACT") This Amendment No. 1 (Amendment) to the Contract is made and entered into this dayof-,2014,byandbetweentheCityofMiamiBeach,Florida (City), and Limousines of South Florida, lnc. (Contractor), and hereby amends the Contract as follows: WHEREAS, at the April 30, 2014 City Commission meeting, pursuant to Resolution Number the Commission approved the award of lnvitation to Bid (lTB) No. 2014-154-SR for North Beach Turnkey Trolley Operations and Maintenance Services to Limousines of South Florida, lnc. (LSF); and WHEREAS, on or about May 8, 2014, the City and Contractor executed the Contract with respect to the North Beach Trolley Operations and Maintenance Services, which services include all inclusive transportation services, meaning that the selected contractor will provide all necessary vehicles, equipment, personnel, fuel, licenses and insurances necessary to operate and maintain the service, as set forth in Exhibits A through C of the Contract; and WHEREAS, Section 4 of Exhibit "A" of the agreement reads as follows: "OPTIONAL EQUIPMENT. lt is the CITY's intent to have all vehicles used for this trolley system to be equipped at some point in the future with the following equipment, including but not limited to: Automatic Passenger Counters (APC), Automated Voice lnformation Systems (AVIS ), Wi-Fi services, real time GPS tracking services (with capabilities to provide mileage, service hours and ridership reports, and capabilities to provide data in a format that is compatible with Miami-Dade County's mobile application "Miami Dade Bus Tracked'). The CITY at its sole discretion may have this option provided separately by the CONTRACTOR, Miami Dade County, or may directly supply this equipment for installation to the CONTRACTOR and the CITY will negotiate any cost impacts with the CONTRACTOR. The CONTRACTOR shall not include the cost of the above equipment and related maintenance fees in the hourly rate for this Agreement."; and WHEREAS, on July 30,2014, the Mayor and City Commission passed Resolution No.authorizing the City to secure Optional Equipment for a price not to exceed $150,000: Automatic Passenger Counters (APC), Automated Voice lnformation Systems (AVIS ), Wi-Fi services, realtime GPS tracking services (with capabilities to provide mileage, service hours and ridership reports, and capabilities to provide data in a format that is compatible with Miami-Dade County's mobile application "Miami Dade Bus Tracked'), and additional automated stop announcement equipment, with the capability of displaying public advertisements; and WHEREAS, pursuant to Article 3, Section 1 of the Contract, the City Manager has the authority to approve subcontractors under the Contract. 207 NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Contractor hereby agree as follows: 1. The above recitals are true and correct and are incorporated as part of this Amendment No. 1. 2. Section 4 of Exhibit "A" of the Contract is amended to add the following paragraph: Pursuant to this Section 4, the City has opted to initially equip its trolley system with the following optional equipment: Automatic Passenger Counters (APC), Automated Voice lnformation Systems (AVIS), Wi-Fi services, real time GPS tracking services (with capabilities to provide mileage, service hours and ridership reports, and capabilities to provide data in a format that is compatible with Miami-Dade County's mobile application "Miami Dade Bus Trackei') and additional automated stop announcement equipment, with the capability of displaying public advertisements through the CONTRACTOR'S subcontractor, REl, pursuant to the attached contract, in the amount of $ 3. Except as amended herein, all other terms and conditions of the Contract shall remain unchanged and in fullforce and effect. lN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA By: Gity Glerk Rafael Granado Mayor Philip Levine Date FOR CONTRACTOR: ATTEST: Date LIMOUSINES OF SOUTH FLOR!DA, INC By: Secretary President Print Name Print Name Date Date FITRAN\$ALL\Transportation\Trolley Related\Admin\Tracking Devices.doc 208 Attachment B July 24,2014 Julian Guevara City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 RE: AVL/GPSM|Fi Systems euote Dear Mr. Guevara, Pursuant to the conversations regarding the AVL/GPSA//iF|, etc. for the New North Beach Trolley System, I have received the attached quotes from TSO Mobile and REl. REI -$137,436.16 lf you have any questions, please feetfree to contact me at anytime, 3300 S.W. 11 Avenue Fort Lauderdale, Florida 33315 Phone: (954) 463-0845 TSO Mobile - $134,250.25 Please note that the quotes are for the costs for a five year term and are for thehardware, software and installation for all five trolleys. Additionally, we were abte tonegotiate with both vendors to provide us with lower prices than wfrat tt"re City of MiamiBeach has been able to negotiate through our working relationships with both vendors. Additionally, we were able to negotiate with the vendors to allow us to have additionalhardware inventoried by us and we only have to pay for these parts if they are used.This will cut downtime in waiting for parts, in the event of failures. Please be advised that Limousines of South Florida, lnc. has had both quotes markedup by 10% to cover Limousines of South Florida's costs in assisting in the installation, training, supervision, administration and overseeing of the systems and tneir operations. Vice President 209 RGI 6534 LStreet Omaha, NE tr117 402-339-22N Qude Good For S D.F P:tncnt Tcft: BD tqic Unit Computerwith Navitation, GPS, and Cellular CellularComms, Se.ial, CAN (1939, 1708), andVGA odDut tCD Monitorwfth ables and brackeB A.R.M.O.R. AVL'sotuar€ as a *toac€ MappinS with 10 second vehicle upd.tes at<:50Glls perday Slate Cen;fiad Tay Erempiion C€(ific{o Reqlired fo. r{les tnx to be w.iyed 74,299-50 5,512.46 750.m |Yrs,ifu , l%rtlotkup(sF) S SYwlfiolwkhwup S l2t9{t96 12,4%.20 ,37,ffi.15 210 1 T$S"l$pHle'. Compar:y Address Phone Fax Account Name Bill To Name 779'1 I'll'V .lEth Street Miami, FL 33165 US (877) 477-2922 t305) 500-91 32 LOSF LOSF Suite 3C6 Quote Nuntber Expiration Date Prepared By E-nrail Email Ship To Name LOSI: 00(jc2:1!l 7,':r 11201 4 Die3,l CaPe*lutti ilc,il)ellL, loililsnirabiie, ooni r r:l r::vi lt&i) : t:sl. us APC (0ne Door) APC lnslallation APC Service AVAS AVAS lnstallation Avas Service AVAS Set Up AVIS Service AVIS Set Up Fee AVL Units lnstallation GPS Service-Public Transportati 5 years Service Fee Led Display Led Display LED Display lnstallation Mobile App Android & Apple Sim Card Activation TSO 10200 TSO WiFi TSO WiFi TSO WiFi lnsla!lation 5 years Service Fee Automated Voice Anouncer System (LED Board +2 Speakers) 5 yaars Service Fee AVI$,S Ysars Servrcs fr* 22' Display for Advertisement 5 years service fee LED Display Service 5 years service fee AVUGPS Unit 5 years Wifi Service No data included, requires data plan $3,850.00 $605.00 $21-99 $2,'145.00 $385,00 $32.9S $880"00 $21.9S $1,760.00 s'143,00 $76.99 $2,475.00 $32.99 $200,00 $32.99 $35.00 $522i50 $660.00 $21,99 $110.00 5.00 $19,250.00 5.00: $3,025.00 300.00 $6,597,00 5.00 $10,725.00 5.00 $1,92s.00 300.00 j $s.897.00 1.00 $880.00 300.00 i $6,5s7.00 1.00 $1,760,00 5.oo i $715.00 300.00 $23,097.00 s.oo; $12,s7s.00 I 300.00 $9,897.00 5.00 I $1,000.00 300.00 $9,897,00 5.00 I 9175.00 5.00 $2,612.50 :5.00: $3,300.00 300.00 $6,597,00 5.00, $550.00 Description AVIS service requires a separate Minutes ;:lan, and it is not included irr this proposal, WiFl sohdion requires a separate Dala plan, and il is nol included in this proposal. Tax based on 7% over Hardware. Sutrtotal Total Price Tax Grand Total S r 3o.ti7] so s 1:i0.8i 1 .5C $3,378 75 $1.14.25C :15 211 THIS PAGE INTENTIONALLY LEFT BLANK 212 &IF MIAMIBEACH OFFICE OF THE CITY ATTORNEY RAUT J. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR PHILIP LEVINE MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORALES FROM: DATE: RAUL J. AGUTL;?.rI Cr.t- CITY ATTORNEY JULY 30,2014 suBJEcr: RESoLUTION GALLING NOVEMBER4, 2014sPEclAL ELEGTIoN: AMENDMENT TO GIry CHARTER SECTION 1.03 TO REQUIRE 417 VOTE OF MEMBERS OF PLANNING BOARD AND 6/7 VOTE OF GITY COMMISSION PRIOR TO GIry ENTERING INTO ANY MANAGEMENT OR CONCESSION AGREEMENT WITH PRIVATE PARTY FOR 10 YEARS OR LONGER (INCLUDING OpTtON PERIODS). Pursuant to the request of City Commissioner Ed Tobin, and consistent with City Commission directives from its July 23, 2014 meeting, 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 Charter Section 1.03 be amended to require approval by 4/7 vote of all members of Planning Board and 6/7 vote of City Commrssion prior to City entering into any Management or Concession Agreement with a private party for 10 years or longer (including option periods) for the management, operation and/or use of City property (including public beaches) or a City- owned facility, exempting therefrom City agreements with Federal, State or Local governmental entities? Under existing City law, majority approval of the City Commission is required in order for the City to enter into a Management or Concession Agreement. This Charter amendment proposes to impose a heightened approval requirement for the City's entrance into such Agreements with private parties when Agreement terms are ten years or longer (including option periods), whereby approval shall require 417 vole of all Planning Board members and 617 vote of the City Commission. Since Charter section 1.03 governs City procedures applicable to disposition of City-owned property, this measure is thus presented as a proposed Charter amendment, necessitating voter approval prior to adoption. 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 5,2014. Accordingly, this matter is timely presented to the City Commission and Agenda ltem RJE,. Date213 adoption of the attached Resolution may take place at today's meeting. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA 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 1.03 GOVERNING..POWERS OF CITY" SHOULD BE AMENDED TO REQUIRE APPROVAL BY 4/7 VOTE OF MEMBERS OF PLANNING BOARD AND 6/7 VOTE OF CIry COMMISSION PRIOR TO CITY ENTERING INTO ANY MANAGEMENT OR CONCESSION AGREEMENT WITH A PRIVATE PARTY FOR 10 YEARS OR LONGER (TNCLUDING OpTtON PER|ODS) FOR THE MANAGEMENT, OPERATION AND/OR USE OF Ctry pROpERTy (INCLUDING PUBLIC BEACHES} OR A CITY.OWNED FAG!LIry, EXEMPTING THEREFROM CITY AGREEMENTS WITH FEDERAL, STATE OR LOCAL GOVERNMENTAL ENTITIES. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: sEcTtoN 1. ln accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 4,2014, for the purpose of submitting to the electorate the question as set forth hereinafter. sEcTtoN 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". SECTION 4. Not less than thirty days notice of the adoption of this Resolution and of its provisions 214 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. sEcTtoN 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 ELECT]ON HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID C]TY 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: Citv Charter Section 1.03: Manaqement Aqreements and Concession Aoreements. Shall Charter Section 1.03 be amended to require approval by 4t7 vote of all members of Planning Board and 617 vote of City Commission prior to City entering into any Management or Concession Agreement with a private party for 10 years or longer (including option periods) for the management, operation and/or use of City property (including public beaches) or a City- owned facility, exempting therefrom City agreements with Federal, State or Local governmental entities? 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. 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: 215 ..OFFIClAL BALLOT" Citv Charter Section 1.03: Manaoement Aoreements and Concession Aoreements. Shall Charter Section 1.03 be amended to require approval by 417 vote of all members of Planning Board and 617 vote of City Commission prior to City entering into any Management or Concession Agreement with a private party for 10 years or longer (including option periods) for the management, operation and/or use of City property (including public beaches) or a City- owned facility, exempting therefrom City agreements with Federal, State or Local governmental entities? Yes No SEGTION 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 Speclal 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 it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. That the absentee voters participating 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 216 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 1 1. lf any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this day of ATTEST: RAFAEL E. GRANADO CITY CLERK 2014. PHILIP LEVINE MAYOR APPROVED AS TO FORM & LANGUAGE ---r & FOA EXECUTION/;U,; r,'r,o City Attorn€y Dole (Requested by Commissioner Ed Tobin) 217 CITY OF MIAMI BEACH CHARTER SECTION 1.03: PROPOSED BALLOT QUESTION AND AMENDED Ctry CHARTER TEXT NOVEMBER 4, 2014 SPECIAL ELECTION. I. PROPOSED BALLOT QUESTION: City Charter Section 1.03: Manaqement Aoreements and Concession Aqreements. Shall Charter Section 1.03 be amended to require approval by 4t7 vote of all members of Planning Board and 617 vote of City Commission prior to City entering into any Management or Concession Agreement with a private party for 10 years or longer (including option periods) for the management, operation and/or use of City property (including public beaches) or a City-owned facility, exempting therefrom City agreements with Federal, State or Local governmental entities? II. PROPOSED AMENDED C!ry 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) *t+enabili$ Disposition of City pflroperty. 1. The enly limitatien eeneerning alienability ef Gity ewned park, reereatien er waterfrent @Thesale,exchange,conVeyance.orleaseoften(10)yearsorlonger (ncluding option periods) of City-owned park, recreation, or waterfront propefi in+ne+iry-*++iamiBea€h, apprenee approval 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 propertles shall also require approval by a majority vote of the voters in a City-wide referendum: (1) 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 propefi bounded by 22nd Street on the North, Park Avenue on the West, 21st Street on the South, and Miami Beach Drive on the East; (3) 72nd Sfreef Parking Lof; 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 (4) Lincoln Road Parking Lofs; 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, 16th 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: (1) Convention Center Parking Lofs; 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 and Convention Center District (includes City Hall, 1701 Meridian Street, 555 17th Street, 21st Street Community Center, The Fillmore Miami 218 Beach/Jackie Gleason Theater, and the 17th Street Parking Garage). All local laws, charter provisions and ordinances of the City in conflict with this provision are hereby repealed. This provision shall become effective immediately upon acceptance of the certification of election results by the City Commission. 4. The sale, exchange, conveyance or lease 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 6t7 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 , 20011, including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. The provision shall not preclude or othenrise affect the division of lots, or the aggregation of development rights on unified abutting parcels, as may be permitted by ordinance. ln 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 10% in width of such public beach right-of-way. (e) Public Sfreef-Ends Bordering GU, GC, or Wateffront Land. The sale, exchange, conveyance, lease, or any other transfer of any City interest in any public street-end bordering on land designated "Government Use", "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 10o/o in width of such street-end which advances a significant public purpose, and excluding underground utility easements. (! Manaqement and Concession Aqrcements with Private Operators. The Cifu shall not enter into a management aoreement or concession aqreement with a orivate oarty or operator, havino a term of ten (10) vears or lonqer (includino ootion periods). for the manaoement. operation, and/or use of Citv-owned property. or of a City-owned facility. without obtaininq the approval of a maiority 4/7 vote of all members of the Planninq Board and 6/7 vote of the City Commission. For purposes of this Beach. from Government Cut to 87'n Terrace. The term "private partv or operatod'shall exclude anv political subdivisions and/or qovernmental aqencies. deoartments. and/or divisions of the United 219 States, the State of Florida. or Miami-Dade County. 220 R9 NEW BUSINESS AND COMMISSION REQUESTS 221 R9 - New Business and Commission Requests RgA Update On The Miami Beach Convention Center Project. (City Manager's Office) Agenda nem R?A - Date 7^3o-//222 THIS PAGE INTENTIONALLY LEFT BLANK 223 R9 - New Business and Commission Requests RgB Presentation On Transportation lnitiatives. (Transportation) Agenda tr'ln R9 B oate 7-3o-/{224 THIS PAGE INTENTIONALLY LEFT BLANK 225 R9 - New Business and Commission Requests RgC Presentation By The Florida Department Of Transportation (FDOT) On The State Road (S.R.) 907/Alton Road Reconstruction Project From 43rd Street To Allison lsland Bascule Bridge. (Transportation) Agenda ltem Date fl1c '7 +a{q226 THIS PAGE INTENTIONALLY LEFT BLANK 227 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 23'd 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 offibe. MIAMIBEACII Com m i ssi on er M icky Stei n berg OFFICE OF MAYORAND COMMISSION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7103 / Fax: 305-673-7096 / www.miamibeachfl.oov We are committed to providing excellent public sevice and safety to all who live, work and play in our vibrant, tropical, historic community. We are committed to providing excellent public seNice and safety to all who live, work, and play in our vibrant, ttopical, histotic community. Agenda rtem fl ?D oate -l^W(Y 228 MIAMIBEACH OFFICE OF THE CIry MANAGER No. Lrc # aGo-2olq To: Mayor Philip Levine and Members of tlq CitqC FRoM: Jimmy L. Morales, City Manag", +U.! DATE: July 25,2014 SUBJECT: Renovation Alternatives for Muss Park The purpose of this Letter to Commission (LTC) is to provide the Mayor and Commission with information regarding the planned renovations for Muss Park. By way of background, the City otfers afterschool and summer recreational programs for young children in grades K-3'd at the park. Currently, there are approximately 147 children enrolled in the City's summer recreational programming at the site. The park contains a pavillion with bathrooms, a tot lot and an open, greenspace area. The park does not otfer an indoor facility for program participants and therefore, during periods of inclement weather, alternative accomodations must be provided. The FY 2013114 Capital Budget approved a renovation project for Muss Park. The approved project includes renovations to the existing pavillion by providing ADA upgrades for compliance, restrooms, electrical, accessiblity, flood mitigation and a new roof. The proposed scope also includes the installation of a vinyl curtain enclosure and portable air conditioning to the pavillion. Once completed, the enclosure will accommodate approximately 50 children. The amount allocated for this existing project is $282,000. A discussion item was placed on the July 23, 2014 City Commission meeting by Commissioner Steinberg who raised concerns regarding the existing renovation project for Muss Park. Commissioner Steinberg requested for the Administration to present alternatives to the existing project that would provide a longterm solution to better address the challenges of weather protection for the young children who attend programming at the Park, while maintaining the existing greenspace. The Administration presented the City Commission with four (4) options to consider. lt is important to note that the options provided to the City Commission were strictly conceptual. Should the City Commission wish to proceed with one of the alternatives, the Administration would need to do their due dilegence to fully assess the feasibility of the project for considerations such as Finished Floor Elevation (FFE), LEED, parking and setback requirements. The options provided below have been revised to include estimates for soft costs and additional square footage to accommodate a kitchen area which, were not presented during the July 23, 2014 Commission meeting. Option 1:. Proceed with the existing scope to renovate the pavillion for ADA compliance, provide upgrades to the restrooms, electrical, accessibility and a new roof. However, amend the scope by eliminating the installation of the vinyl curtains and portable air conditioning unit.o Construct a new facility of approximately 4000 square feet to include two ADA restrooms, a small office, reception area, kitchen area, storage space, 4 individual rooms and a mechanical room. This space would accommodate approximately 120 children.. Estimated Construction Cost: $1,305,000. 35o/o for soft costs to include: CIP fees, bond/insurance, permits, design, contingency and other related costs = $467,750. Total Estimated Project Cost: $1 ,761J50 --) = LETTER TO COMMISSION N r NA '-d {Jtcrla-'l 229 Option 2:. Demolish the existing pavillion. Construct a new facility of approximately 4000 square feet to include two ADA restrooms, a small office, reception area, kitchen area, storage space, 4 individual rooms, a mechanical room and an exterior overhang to accommodate an outdoor covered sitting area with benches. This space would accommodate approximately 120 children.. Estimated Construction Cost: $1,200,000. 35o/o for soft costs to include. CIP fees, bond/insurance, permits, design, contingency and other related costs = $441,000o Total Estimated Project Cost: 91,701,000 Option 3:. Proceed with the existing renovation of the pavillion to include the installation of vinyl curtains and a portable air conditioning unit that could accommodate appxomately 60 children.. Construct a smaller, open architectural builiding of approximatlely 1600 square feet to include 1 ADA accessible unisex bathroom and a kitchen area. This building would accommodate approximately 60 children but would not include an office, reception area, kitchen space, storage space or any individual rooms.. Estimated Construction Cost: $612,000. 35Yo for soft costs to include. CIP fees, bond/insurance, permits, design, contingency and other related costs $214,200o Total Estimated Project Cost: $826,200 Option 4:r Proceed with the existing renovation of the pavillion to inctude the installation of vinyl cuftains and a portable air conditioning unit that could accommodate appxomately 60 children. a a Construct a smaller, open architectural builiding of approximatlely 2800 square feet to include 1 ADA accessible unisex bathroom and a kitchen area. This building would accommodate approximately 60 children but would not include an office, reception area or any individual rooms. Estimated Construction Cost: $825,000 35% for soft costs to include: CIP fees, bond/insurance, permits, design, contingency and other related costs = $288,750 Total Estimated Project Cost: $1,113,750 During the July 18,2014 Finance and Citywide Projects Committee meeting, the Administration was directed to add an additional $200,000 forthe construction of a indoorfacility at Muss Parkto be contemplated in the proposed FY 2014115 Capital Budget. Based on the existing programming needs for Muss Park, it would be ideal to provide a large, indoor facility that offers separate classrooms and an outdoor, covered area with benches for seating (Option 2). However, we recognize that there are a number of significant projects that are competing forthe same resources and so cost certainly plays a role when assessing these alternatives. lLMtlLrHRQfil& c: J. Mark Taxis, Assistant City Manager John Rebar, Parks & Recreation Director David Martinez, CIP Director Carla Maglio Gomez, Parks & Recreation Assistant Director c:\usersVcpagomc\desktop\2014 ltc muss park renovations.doc 230 THIS PAGE INTENTIONALLY LEFT BLANK 231